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Days of mourning in a secret Australia

John Pilger

Published 19 February 2007

The shameful treatment of Australian aboriginals

How many days of mourning have I attended? Vivid in the memory are wreaths thrown on to Sydney Harbour, and men in crumpled hats and women in loose frocks standing on foreshores where their forebears saw the first ships carrying white men. On 14 February, there was a day of mourning for T J Hickey, an Aboriginal boy who was chased by police three years ago and ended up impaled on a spiked iron fence in The Block, a ghetto within sight of Sydney's banks and corporate towers. Commemorative silences were held for "TJ" and his violent death was likened to Australia's many Aboriginal deaths in custody, such as that of Mulrunji Doomadgee on Palm Island.

Palm Island is one of the most beautiful on the Great Barrier Reef, yet few outsiders take the short flight from Townsville. Established in 1918 as a detention camp for Aboriginal men, women and children convicted of the crimes of homelessness, rebelliousness and drunkenness, it has changed mostly on the surface. When I first went there in 1980, an epidemic of gastroenteritis was deemed life-threatening. Two years later, researchers discovered in the records of the Queensland Health Department that Aboriginal deaths from common, infectious diseases were up to 300 times higher than the white average, and the highest in the world. In the cemetery, overlooking waves breaking gently on the coral reef, many of the headstones bear the names of children.

On 26 January last, a date known as Australia Day by whites celebrating their "settlement" (Aborigines call it Invasion Day), something very unusual happened. It was announced that a police sergeant, Chris Hurley, would be charged with the manslaughter of Mulrunji Doomadgee. In 2004, Hurley arrested Mulrunji for swearing and drunkenness; once in police custody, Mulrunji had his liver torn in two. "These actions of Sergeant Hurley," said the deputy coroner, "caused the fatal injuries." However, Queensland's director of public prosecutions decided not to lay charges. This is standard practice. In 1989, a royal commission inquired into more than 100 deaths in custody, many of them demonstrably murder or manslaughter. "I had no conception," wrote the chief commissioner, Elliott Johnston, "of the degree of . . . abuse of personal power, utter paternalism, open contempt and total indifference with which so many Aboriginal people were visited on a day-to-day basis."

So spoke the voice of Australian liberalism and justice. Of the 339 recommendations made by the royal commission, not one called for criminal charges. The prosecution of Sergeant Hurley is the first of its kind, and it happened only because the Queensland government was virtually dragooned into seeking the independent opinion of a retired chief justice of New South Wales.

Of all the great Australian pastimes, silence is currently the most popular. This is largely due to a fear of speaking out, described in a rare book, Silencing Dissent, by Clive Hamilton and Sarah Maddison. The authors' fellow Australian academics and writers say little if anything publicly that might upset the all-controlling Bushites of John Howard's government and its inspectorate in the media. Trial by media of Australia's domestic victims, be they Aboriginal or Muslim, is standard practice. Officially approved platitudes pass as news and commentary, along with weary stereotypes of much of humanity, from heroic Aussie cricketers to whingeing Poms and mad mullahs. True Australian heroes go unrecognised, such as Arthur Murray, a former Aboriginal union organiser who has fought unremittingly for 25 years for justice for his son Eddie, killed in police custody, and for all his people. Few white Australians will have heard of Arthur, whose dignity and courage evoke a secret history, described by the historian Henry Reynolds as the "embarrassment of bloodied billabongs".

Australian "values" and national pride are political distractions of the moment in a nation witlessly at war in Iraq and Afghanistan - a nation with up to 43 per cent youth unemployment at home and, in some places, the majority of its black youths in custody.

"Australian patriotism," says the cultural historian Tony Moore, "should be first and foremost based on taking the piss, of laughing, not just at one's self but at the powerful . . ." He calls this "bullshit detection". Terrific idea, Tony, but I suggest you first run it by Arthur Murray and the people of The Block and Palm Island; for until we whites give back to black Australians their nationhood, we can never claim our own.

www.johnpilger.com

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6 comments from readers

GideonPolya
15 February 2007 at 12:10

The “annual death rate” (2003 figures) is 2.2% (for Aboriginal Australians) and 2.4% (for Aboriginal Australians in the Northern Territory) – as compared to 0.4% (what it should be for such a high birth rate community), 2.5% (for pre-drought sheep in paddocks of Australian sheep farms) and 0.7% (for White Australians). This is happening in one of the richest countries of the world because of deliberate neglect – Australian Aboriginal health services are funded at 50% of what they should be; many Australian Aborigines live in Third World conditions; the “annual under-5 infant death rate” is over 3 times higher for Aborigines than that for White Australians; 1 in 5 Australian Aborigines have diabetes (mostly type 2 diabetes) which has huge attendant problems such as cardiovascular complications, kidney problems and blindness; and the Australian Aboriginal life expectancy is about 20 years less than that for White Australians.

Australian Aborigines suffered Genocide at the hands of the European invaders in the 19th and 20th centuries. The Indigenous population dropped from about 1 million to 0.1 million in the first century after the invasion in 1788, mainly through violence, dispossession, deprivation and introduced disease. The last massacres of Aborigines occurred in the 1920s. Throughout much of the 20th century there was a policy of forcibly removing Aboriginal children from their mothers, a systematic genocidal policy involving the removal of perhaps 0.1 million children (the so-called Stolen Generations) . This practice ended in the 1970s. However the continued deliberate deprivation of Aboriginal Australians amounts to a White Australian policy of passive genocide.

Indeed Monash University diabetologist Professor Paul Zimmet stated recently in relation to the world-wide diabetes epidemic "If we don't do something, there is a real chance that Australia's indigenous community will be wiped out by the end of the century. The world needs to act now if we're to deal with this problem, which threatens to consume world economies and bankrupt health systems. We are dealing with the biggest epidemic in world history." (for detailed documentation about the Aboriginal Genocide see: http://mwcnews.net/content/view/10865/254/ ).

However the ABORIGINAL GENOCIDE is not he only ongoing Genocide (as defined by the UN Genocide Convention) in which Australia is complicit. Thus Australia is complicit in the IRAQI GENOCIDE (1 million post-invasion excess deaths and 3.7 million refugees); the AFGHAN GENOCIDE (2.2 million post-invasion excess deaths and 3.7 million refugees); and CLIMATE GENOCIDE (that acutely threatens extremely populous West Bengal and Bangladesh in particular, States with populations of 85 milllion and 147 million, respectively; Australia is the world's biggest coal exporter, has one of the world's highest annual per capita greenhouse gas pollution values for a big country , refuses - with the world's worst polluter the US - to sign Kyoto or to curb greenhouse gas pollution; 90 MILLION Bangladeshis face disaster this century from First World greenhouse pollution profligacy).

While lying, racist, genocide-ignoring mainstream media ignore Australia's compllcity in on-going mass murder, Australia's media and members of parliament have been repeatedly informed (for details and documentation see: http://open.newmatilda.com/crosswire/?p=96 and http://mwcnews.net/content/view/12578/42/ ).

John Pilger must be congratulated for his sustained reporting of the horrendous realities that are swept under the carpet by the media and politicians of "politically correct racist" (PC racist) White Australia (see: http://mwcnews.net/content/view/5004/254/ ).

avberg
16 February 2007 at 00:35

Currently, Queensland (Australia) Police Union and numerous Queensland Police officers, vigorously protesting against decision of Queensland Attorney-General to charge policeman Chris Hurley with manslaughter of Mulrunji Doomadgee, the Australian Aboriginal, actually, attempt to threaten the democratically elected Queensland Government and achieve an uncontrollable and self-ruling status. They, in fact, demand immunity from any form of public, political and judicial control. This situation seems to be socially and politically dangerous and requires urgent and adequate response in the interest of Queensland democracy and people.

I am sure there are many honest and professionally responsible Queensland Police officers, who understand that Chris Hurley's case has nothing to do with industrial relations and “political interference”. It is Queensland Police Union (QPU), which attempts to interfere in legal judicial proceedings and operate outside its responsibilities. I believe honest and professionally responsible Queensland Police officers appreciate that QPU vice-president Mr. Fitzpatrick acts irresponsibly and provocatively, actually, discrediting Queensland Police. Current situation indicates that professional quality of Queensland Police is questionable and raises doubts about its public reliability. Minister for Police Judy Spence and Police Commissioner Bob Atkinson are personally responsible for this situation. I am calling on them to resign.

Police and prosecution cannot be uncontrolled in democratic society, and Queensland Government acts lawfully via Attorney-General. I invite anyone spreading opposite opinion to provide exact references to appropriate legal acts in support of their view.

Finally, I would like to stress that current situation with Queensland Police and Prosecution suggests that it is vital for democracy to strengthen political and public control over police and prosecution and to initiate a new Parliamentary investigation into Queensland Police and Prosecution functioning - successor to the Fitzgerald Commission called to sweep out Queensland justice system corruption 20 years ago.

Tony Moore
16 February 2007 at 03:07

Please publish proof read comment posted here rather than earlier one sent before I registered with NS, thanks:

Dear John

Thanks for the quotation from my book, 'The Barry McKenzie Movies' which was included in an Australia Day article in the Age Newspaper, and re-published in the Sydney morning Herald. If you have not already you should read the actual book, which has a length discussion on the role of comedy and satire in exposing racism of the sort that has blighted Australia. My contention is that from the convicts onward humour, irony, the send up has been one small weapon in the armory of the oppressed, the outcast, or those simply fed up with cultural uniformity. Its also worth considering the contribution of aborigines, who have long used wry and ironic humor to level down the authorities, to the Australian sense of humour. Its no accident that our current government is an especially humourless lot, and I believe the progressive forces here do better to join with the many ordinary Australians, spanning many ethnicities, in taking the piss out of them.

For the benefit of New Statesman readers The Age article is at URL at http://www.theage.com.au/news/opinion/not-a-croc-in-sight/20...

More about my book can read at:

http://www.currency.com.au/australian-screen-classics.aspx

All the best

Tony Moore

JP
03 March 2007 at 23:20

After living in Australian for now a year, I am surprised how discrimination, racism, and internal corruption are well-hidden here. Until this day, I used to proudly declare Australia to have most welcoming attitude for foreigners, and friendly safe environment to live in. How little I knew, and how naive I was. I still think Australians are one of the warmest nations in the world with naturally curious behaviour towards people from different cultures, partly because, I thought, they can identify belonging to that diversity, too, as being migrants or descents of those. Recent experience shifted my opinions, at least to certain extent.

I was out in town clubbing with my friends from uni on a weekend. I separated form my friends to get some food when I was pushed by two plain clothes officers against the car, put on handcuffs, and thrown inside the car. There was no questions, no answers for what have I done, not even any talking except occasional shouting that I should shut up. I was transferred to another car, and then taken to the station, and during whole this time I was treated worse than animal. I was pushed against the wall, kicked one time on the thigh, and brutalized both verbally and physically. But moreover I was shocked to see ruthless looks in those eyes of five to seven officers present when I was screaming for help tears falling down my eyes. How much you need to hurt a girl, well not too much effort from a group of supposedly grown up people, who you trust to protect you and to actually follow the law. I remember only one young female officer looked with sympathy, and question in her eyes, not knowing how to react.

They did not tell me but only after several hours that I am kept there because I was drunk, and I would stay there longer if I would not shut up because I kept on crying for six hours almost non- stop. The fact that they did not care or think if they went over the limits tells a lot about their professionalism here, in the end, it is so much easier to detent randomly some girl than to deal with a real problems out there. And what proves that it is not me just being over sensitive, or too drunk, is the report that I got on the morning after that horrifying night, claiming my occupation to be (after seeing two of my university cards) in their created term as “Russian bear tranier” (misspelled as in the form).

It is ridiculously controversial, how Australia has agenda to tempt intelligent people with skills from overseas for many reasons, and claims to be multicultural on the surface, but is something totally opposite from the core. If Australia is not safe for its residents to even live, and human rights are advanced backward not too many skilled migrants will end up coming here, at least for a long period of time, when they find out how the system works here.

Douglas Chalmers
04 March 2007 at 13:52

In the past few weeks, Australia has been undergoing scandal after scandal about both the maltreatment of native Australians (or , the anthropological "aborigine", if you wish) and various forms of police corruption and racism. The Palm Island scandal evolved into an attempt by the Queensland police union to coerce or intimidate the government into not proceeding with the laying of murder charges against one of its members.

Co-incidentally, another police union scandal was evolving in the southern state of Victoria where, it was revealed, the state Labor government's premier and police minister had signed a secret deal with the police union in order to get their support during the last elections. The result was that the new female police commissioner's role was diminished and marginalised and thier anti-corruption enquiry was seriously jepardised.

But back again to "the shameful truth" in the Northern Territory where, as with Queensland, the coroner was ignored and the state public prosecutor effictively played a " pea and thimble" game in laying charges, withdrawing them and re-laying them against another policeman who shot and killed a native Australian (aborigine) at Wad-e-ye (formerly Port Keats), a remote community in the "Top End" in 2002. The result of that manipulation was that the court dismissed the proceeding without question against the policeman who had been stood down for four years on full pay.

Until recently, the aboriginal or indiginous affairs portfolio was administered by a woman of native aboriginal descent, Marion Scrymgour, who was a keen and competent government minister in Darwin in the NT. ever since offshore gas and oil deposits were being developed, though, that role has been taken from her and is shared by the white chief minister and another white man in cabinet. And again, co-incidentally, the community of Wad-e-ye is soon to be transformed from a primitive settlement (2,000+ people share only 144 houses) into the base for construction of a new gas processing plant and a pipeline built across the continent.

No wonder the aboriginal/indigenous affairs portfolio was grabbed by the NT chief minister as she also has control over the entire development of the trans-Territory pipeline and the Blacktip gas project, etc etc. Its all run through her department ......Northern Territory Inc! Its a big development for an insular and potentially incestuous regional government. The Southern Bonaparte Basin lies off the Top End west coast - http://www.santos.com/Content.aspx?p=185 . The Blacktip Gas Project involves a wellhead platform approximately 110 km offshore, a subsea pipeline to Port Keats (Wadeye) for the gas plant site although the area is located on remote Aboriginal Trust Land.

jb
20 April 2007 at 03:53

There is much of merit in the article. It is true that Trial by media of Australia's domestic victims, be they Aboriginal or Muslim (or Chris Hurley), is standard practice.

However I take exception to the reference to DPP decision in relation to Mulrunji and Hurley followed by “This is standard practice” etc.

It clearly suggests that the DPP were sweeping a serious matter under the carpet and portrays Australians in a less then positive manner. In reality the DPP made an independent decision with an apparent attempt to cautiously ensure it was correct. The decision was vindicated by a parallel decision by another department. Another legal person has subsequently taken a different legal view.

Lest an urban myth about the case be perpetuated in the UK or there be a trial by media as a result of such off hand references further detail needs to be provided.

As a preliminary matter I note that the deceased is known as “Mulrunji” out of respect to aboriginal people. This is a name he received in death pursuant to aboriginal spiritual beliefs. He is now known by that name alone. Unfortunately journalists often combine that name with his surname while alive. This defeats the purpose of using the name Mulrunji. Using a new name (Mulrunji) is believed to hide Mulrunji from evil spirits while in transition.

Mulrunji was arrested by police sergeant Chris Hurley. He died while at the police station. A number of witnesses were present.

Two competing explanations were available for the fatal injury that caused Mulruji’s death.

1. An aboriginal witness held that entering the police station Mulrunji was in front. Various witnesses testified that Mulrunji punched Hurley in the jaw and they fell downstairs. A police witness testified that it looked like Hurley fell on top of Mulrunji. Medical experts held that a person falling from that height would not normally receive the fatal injury. However the force that would be generated as the pair struggled through the doorway above the stairs combined with Hurley’s 200.33cm 115kg frame hurtling from a height could cause the injury if Hurley fell on top and hit Mulrunji on the cement floor. Hurley testified that after the fall Mulrunji didn’t get up and he thought it was a type of passive resistance. Another police officer who arrived shortly afterward after opening the jail cell door observed that Mulrunji wasn’t struggling. This is consistent with the fatal injury.

2. A witness who was awaiting questioning due to allegedly assaulting two women testified that Hurley got up after the fall, punched Mulrunji in the head and then kicked him relentlessly ignoring Mulruji’s pleas for Hurley to stop. The medical evidence ruled out kicking so the available evidence was that of punching. A police officer who returned at that point after opening the jail cell door did observe that Mulrunji wasn’t struggling. This is also consistent with this possibility as it indicates the fatal injury.

The acting coroner took the view that the evidence of the witness referred to in 2 was correct and that the witness didn’t have a good view so it was open to her to decide that the punches were to the body not the head and this caused the death. She found that Hurley had lost his temper as a result of being punched in the jaw and falling downstairs and had retaliated causing Mulrunji’s death.

As the acting coroner took the view that Hurley caused Mulruni’s death she referred the matter to the DPP to decide whether or not there was a legal basis to lay charges.

The President of the Queensland Police Union expressed disagreement with the acting Coroner’s findings. He commented “She's cherrypicked the evidence to support her anti police agenda; clearly she approached this inquest as a foregone conclusion, despite the mountain of evidence in support of Chris Hurley that she deliberately overlooked.” As a result he was charged with contempt of court.

The DPP considered the evidence. They reportedly took advice from retired Queensland Supreme Court Judge James Thomas. This would make sense as it was a serious situation which had been punctuated by vigorous aboriginal protests by people who believed that Hurley had killed Mulrunji.

The DPP concluded that there was insufficient evidence to lay charges. The Queensland Director took the liberty of commenting that she considered it “a terrible accident”.

The Criminal Misconduct Commission in the course of investigating complaints also considered the same issue. However they were concerned with whether or not there was grounds to initiate misconduct tribunal hearings on the basis that Hurley had caused Mulrunji’s death. They reached the same conclusion as the DPP.

A media report referred to a leaked memo where another qualified person at the DPP advised the Queensland Premier that they had personally considered the matter and considered the decision to be correct.

Accordingly, all the relevant decision makers with suitable expertise and knowledge at this point unanimously took the view that the evidence could not support a conviction. It was clearly a sound legal decision not some attempt to sweep things under the carpet in some backward racist Australian conspiracy involving the DPP.

Subsequently, a retired interstate Judge Sir Lawrence Street was hired to review the decision. Another Judge had been set to conduct the review but was challenged by the aboriginal community as he had been involved in the appointment of the head of the DPP. There were concerns about his independence. Street’s appointment however was welcomed by the aboriginal community as he is the son of the late aboriginal activist Jessie Street. Street produced a legal argument in favour of charging Hurley and Hurley now faces a trial.

That is where the matter now stands. At this stage it would be best to leave it to the jury... not try by media.

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About the writer

John Pilger, renowned investigative journalist and documentary film-maker, is one of only two to have twice won British journalism's top award; his documentaries have won academy awards in both the UK and the US. In a New Statesman survey of the 50 heroes of our time, Pilger came fourth behind Aung San Suu Kyi and Nelson Mandela. "John Pilger," wrote Harold Pinter, "unearths, with steely attention facts, the filthy truth. I salute him."

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