Twenty years on from death that sparked unrest on Palm Island, Indigenous deaths in custody remain high

Warning: Aboriginal and Torres Strait Islander readers are advised that this article contains images and names of people who have died and have been used with the permission of family. 

On the short ferry ride from Townsville to Palm Island, Alec Doomadgee prepared himself for cultural work marking the 20th anniversary of his brother's death.

Mr Doomadgee painted himself in ochre and charcoal, tied red cloth around his body and put on a headdress of black cockatoo feathers.

He believes the spirit of Mulrunji Doomadgee is stuck after a violent death in 2004 in the Palm Island police watch house.

He said because his brother had died before his time and his name had been spoken widely, it meant his spirit was "kept prisoner" on Earth and was prevented from passing on to be with ancestral spirits. 

At the site of his brother's death, where a new police station stands, he conducted a smoking ceremony and performed a dingo song to collect his spirit and take it to his ancestors.

"His son took his life [in 2006] because he couldn't deal with what he was learning about his father and what took place," Mr Doomadgee said. 

"A lot of our family members are traumatised and this has never been addressed."

Autopsy results pointed to severe damage to major organs causing haemorrhaging.

It is these "ugly" images and the "horrific circumstances" behind them that Mr Doomadgee wants to change, freeing his brother's name.

Twenty years on from the night Mulrunji Doomadgee died, Indigenous deaths in custody remain high.

Mr Doomadgee hopes his act of cultural healing will help remedy that.

"I know it'll have a ripple effect. In my heart of hearts I want to believe it will create a tidal wave of change in the community and amongst the boys in blue and girls in blue."

So far this year, 23 Indigenous men and women have died in police custody or prison.

Since a royal commission in 1992, 581 Indigenous people have died in custody.

Riots on the island

Mulrunji Doomadgee was taken into custody by Senior Sergeant Chris Hurley on November 19, 2004.

It's alleged he was intoxicated and being a public nuisance, singing in the street and yelling at police.

Five hours later he was found dead in his cell. 

His family, who came to visit him, were not informed and told to come back later.

Less than a week after his death, the island erupted. 

The police station and courthouse were set alight and officers were told to leave the island.

Armed police in riot gear and face coverings descended on the Aboriginal community.

Houses were raided in the middle of the night, and 19 people were arrested and charged with riot, arson and assault.

It led to a $30 million class action settlement based on allegations police had violated the Racial Discrimination Act in its investigation and its response to Mulrunji Doomadgee's death.

'It's about bullying and control'

Activist and Birrigubba woman Gracelyn Smallwood said the new Queensland government's hard stance on crime — particularly young offenders — would only exacerbate the issue.

"The research is there. You can't lock a child up, especially if they've got cognitive issues with their brains, and then put them in an adult prison. They will come out with three times the criminality."

She believes "culturally appropriate" healing programs are needed to help Indigenous people transition to break the cycle of recidivism.

Queensland's new state government has faced staunch criticism from humanitarian and advocacy groups, who say the 'adult time for adult crime' policy violates human rights, including the Convention on the Rights of the Child.

"Police and correctional service officers must have mandatory training about bullying. Deaths in custody are about bullying and control," she said.

She said too few of the 339 recommendations made by the Royal Commission into Aboriginal Deaths in Custody had been actioned.

A report published by the Department of Prime Minister and Cabinet in 2016 found that 64 per cent of the recommendations had been implemented in full.

The responsibility of carrying out the recommendations is split between the Commonwealth and state and territory governments.

Samantha Bricknell is from the Australian Institute of Criminology, which tracks deaths in prison and police custody. 

She said the situation hasn't improved in the past 20 years. 

"What we're seeing with First Nations' deaths, both in prison and police custody, is that the rates — if you look at the proportion of the Aboriginal and Torres Strait Islander population — are still consistently higher than non-Indigenous deaths," she said.

"If we look at Indigenous persons who die in police custody related operations, around 62 per cent died while they were being detained by police.

"Around 31 per cent died in an institutional setting, predominantly watch houses and being transported."

Bringing attention to the 'seriousness of what really happened'

Lawyer Stewart Levitt led the successful class action against the state government.

He also lobbied Queensland Police to charge Chris Hurley, the officer in charge, with homicide. The charge was later downgraded to manslaughter, and he was found not guilty by jury.

He said there are significant barriers to justice for Indigenous people who feel they have been racially discriminated against.

"They come from families that don't have the resources to support them. They're dependent upon an overburdened legal aid system where they're encouraged to plead guilty even to things they didn't do," he said.

Mr Levitt said the criminal justice system is "oppressive, stigmatising", and a "burden" many Indigenous people carry for the rest of their lives.

"[Their lives] are often foreshortened because they become depressed, anxious, suicidal or engage in misadventure, which results in death by misadventure."

Lex Wotton, who was the head applicant in the class action and pleaded guilty for his part in the unrest, said his actions helped ensure Mulrunji Doomadgee's death would not be forgotten.

"It brought attention to the seriousness of what really happened here. That's it. Simple," he said.

"If I didn't do what I did … it wouldn't have amounted to more than what was in the paper the day after — a three-line page saying there was a death in custody."

In a statement, Queensland Police Minister Dan Purdie said the government is committed to improving outcomes for First Nations communities.

"I acknowledge the events that unfolded in 2004 were difficult for all involved," he said.

"It is pleasing to see the relationship between police and community members has improved greatly over the past two decades thanks to a number of ongoing initiatives, including the Protective Services Group First Nationals Project."

He said a watch house review will continue under the new government.

Queensland Police announced the review earlier this year, as well as immediate changes, including body-worn cameras for watch house officers and real-time monitoring to make sure people aren't held for longer than recommended. 

Alec Doomadgee said he wants his brother to be remembered for who he was, rather than how he died.

Through ceremony, he hopes the island will be able to move forward and carry on with forgiveness.

"Today will have more of an impact on this community and the people than anything that's happened in the last 20 years."

'We have a lot of warriors here'

Mulrunji Dooomadgee's sister Elizabeth said her family was "totally lost" when her brother died, which happened around the same time as several other deaths in the family. 

She said she has since forgiven police.

She said it was heartening to see so many people coming together to mark the 20th anniversary of her brother's death

"They are forgiving what happened — with love and peace. 

Additional reporting by Jessica Naunton