DPP Release of Doomadgee File Welcomed
The Australian Council for Civil Liberties today welcomed the decision of the Queensland DPP (Leanne Clare SC) to release the Mulrunji Doomadgee file to the Queensland Attorney General so that an independent opinion can be obtained.
“While welcoming this move, it does not go far enough”, Mr O’Gorman said.
ACCL President Mr Terry O’Gorman said the independent review should be carried out by an eminent and independent Barrister from the Sydney or Melbourne Bars.
“This is necessary so that the perception, whether true in fact or not, that the Queensland legal, political and police elite are closing ranks can be dispelled”, Mr O’Gorman said.
Mr O’Gorman said that in a controversial matter such as this, the perception was just as important as the factual reality.
“If an independent review is obtained from an eminent southern Silk, then that will hopefully go far in addressing the complaints, particularly of Queensland’s Aboriginal community, that the Queensland legal, police and political elite are not being sufficiently open about the whole controversy”, Mr O’Gorman said.
Mr O’Gorman also called on the Queensland DPP to immediately release the new evidence that Ms Clare said last week was part of her decision not to prosecute Sgt Hurley.
“If there is new evidence, the family of the deceased man and their lawyers are entitled to be given immediate access to that evidence in order that the lawyers can give advice to the family”, Mr O’Gorman said.
“Further, having regard to the fact that the Coroner’s decision is available on the Coroner’s website, those Queenslanders who have followed this matter closely and who have read the judgment on the web are entitled to see the new evidence so that they can form their own opinion as to whether the new evidence justifies a prosecution against Sgt Hurley not being instituted”, Mr O’Gorman said.
Mr O’Gorman repeated that while Sgt Hurley must be accorded the presumption of innocence as this controversy rages, it is equally important that the decision making process as to whether Sgt Hurley is prosecuted be open and transparent, something which has not been the case to date.
Australian Council for Civil Liberties
22 December 2006