2004 Palm Island Death in Custody - The Death

The Death

Mulrunji, an Indigenous Australian was aged 36 when he died. The time of death was about 11:20am on Palm Island, one hour after being picked up for allegedly causing a public nuisance.

Mulrunji was placed in the two-cell lockup which was the back section of the Palm Island Police Station. Fellow Palm Islander Patrick Bramwell was placed in the adjoining cell.

The arresting officer, Senior Sergeant Chris Hurley, and the indigenous police liaison officer, Lloyd Bengaroo, were flown off the island the following Monday after receiving death threats and Chris Hurley's house being burned down.

This was the 147th death of an Aboriginal person in custody since the handing down of the 1990 Royal Commission.

An autopsy report by Coroner Michael Barnes was produced for the family one week after the death. It stated that Mulrunji had suffered four broken ribs, which had ruptured his liver and spleen, it also found that the body's blood alcohol content was 0.29 from a cocktail of alcohol including methylated spirits mixed with sweet cordial. The family of the deceased were informed by the Coroner that the death was the result of "an intra-abdominal haemorrhage caused by a ruptured liver and portal vein".

According to residents and relatives as reported in the media; Mulrunji visited his new baby niece early on the morning of 19 November 2004, he was drinking beer at the time but was not considered to be drunk, he was carrying a bucket with a mud crab which he was going to sell. He then walked from his mother and sister's house to "D" Street where he was picked up. Reports indicate that he was walking along the street singing "Who Let the Dogs Out?" when Senior Sergeant Chris Hurley drove past.

Chris Hurley is a Caucasian Australian who was also aged 36 at the time of the incident. He had spent the morning investigating complaints by sisters Gladys, Andrea and Anna Nugent that Roy Bramwell had assaulted them. One of them needed to be airlifted to Townsville Hospital due to her condition as a result of Roy Bramwell's assault. Gladys Nugent requested that Chris Hurley accompany her so that she could safely get medication from Bramwell's house. Chris Hurley drove her to the house in the police vehicle.

While Gladys Nugent retrieved her medication Patrick Bramwell, was outside appearing intoxicated and swearing at the police. His grandmother complained to Senior Sergeant Hurley who then arrested him. Meanwhile Mulrunji taunted Police Liaison Officer Bengaroo with words to the effect of why does he help lock up his own people. Chris Hurley then reentered the car and talked with Bengaroo briefly. Mulrunji who had walked off turned and swore at them. Chris Hurley drove over to him and arrested him for creating a public nuisance. Mulrunji was then taken in the back of the police vehicle for the short trip to the police station.

Doomadgee family spokesman, Brad Foster, claimed that 15 minutes lapsed before a seven-second check was done on the inmates. 42 minutes later a second police officer observed that Mulrunji was a strange colour and that he was cold to the touch, he could not find a pulse. On being alerted to this Arresting Officer Chris Hurley came in and thought he could detect a pulse. By all accounts an ambulance was then called which took 15 minutes to arrive during which time no attempts were made to resuscitate the prisoner, although the autopsy found that there would have been no chance of saving him. Instead, the videotape footage from the cell shows Chris Hurley checking for breathing and pulse then "sliding down the wall of the cell until he sat with his face in his hands".

Soon after Mulrunji's sister brought lunch for him to the front section of the police station, she was told to go away by the police and was not informed of events. The family and the state coroner were informed of the death at about 3pm that afternoon. Police began taking statements from witnesses however procedures for taking of statements from illiterate Aborigines were not followed, including that they are required to have representative present who understand the process (preferably a legal representation).

The family later stated that the Government's response was not to provide counselling for the family but to send in 18 extra police from Townsville who "strut around this community, looking intimidating".