Undertaking Effective Investigations A Guide for National Human Rights Institutions September 2008: APPEAL OF THE FINDINGS OF THE SECOND INQUEST In September 2008, lawyers for S/Sgt. Hurley appealed the findings of the second inquest. The Supreme Court of Queensland ordered a new inquest. December 2006 to November 2008: INVESTIGATIVE REVIEW TEAM INVESTIGATION In December 2006, in response to significant criticism about the QPS investigation in the second inquest, the Queensland Police Commissioner created an Investigation Review Team (IRT) to examine the QPS investigation into Mulrunji’s death. The IRT was made up of serving QPS officers. The IRT investigated nine allegations, based on the Coroner’s comments, specifically that: • • • • • • • • • officers serving on Palm Island were involved in the investigation S/Sgt. Hurley transported investigators from the airport and to the scene of the arrest the QPS investigations team had dinner at S/Sgt. Hurley’s residence witnesses discussed the incidents surrounding Mulrunji’s death before the investigation was complete members of the QPS investigations team had “off the record” discussions with S/Sgt. Hurley the QPS investigation team did not thoroughly question PLO Bengaroo relevant information was not provided to the pathologist in the Form 1 the QPS investigation team did not provide support to Aboriginal witnesses Mulrunji’s family was not immediately notified of his death. The IRT’s findings were released publicly in November 2008. “Deficiencies” were found in the QPS investigation but no serious fault on the part of any of the QPS officers involved in the initial investigation. The IRT did not recommend any disciplinary action against any officer. March 2010 TO May 2010: THE THIRD INQUEST The Deputy Chief Magistrate of Queensland was assigned to reopen the inquest. Hearings commenced on 8 March 2010 and the findings and recommendations were released on 14 May 2010. In his report, the Deputy Chief Magistrate agreed with the findings of the second inquest that the QPS investigation was seriously flawed. He noted his “broad agreement” with the 40 recommendations made by the Coroner in the second inquest. He also recommended that the CMC be given the resources and the legislative authority to conduct investigations into deaths in custody immediately after they are reported. He did not find enough evidence to support the finding in the second inquest that S/Sgt. Hurley intentionally caused Mulrunji’s fatal injuries.10 June 2010: CMC REVIEW In June 2010, the CMC released its 187-page report11, which commented on the initial QPS investigation and the IRT investigation. The CMC found serious problems with both. 8 10 The third inquest report is available at www.courts.qld.gov.au/__data/assets/pdf_file/0008/86858/cif-doomadgee-mulrunji -20100514.pdf. 11 The CMC Review of the Queensland Police Service’s Palm Island Review is available at www.ccc.qld.gov.au/research-andpublications/publications/police/cmc-review-of-the-queensland-police-service2019s-palm-island-review/cmc-review-of-thequeensland-police-service2019s-palm-island-review.pdf.