THE family of Mulrunji Doomadgee, who died in a police watch-house three years ago, are claiming damages of nearly $1 million in a lawsuit against his arresting officer and the Queensland Government.
Documents filed in the Supreme Court in Brisbane last week, and made available today, show Mulrunji’s de facto Tracey Twaddle and seven of his relatives have lodged claims totalling $900,000.
Ms Twaddle is seeking $200,000 for the loss of Mulrunji’s earnings and psychiatric injury as a result of his death in the Palm Island watch-house on November 19, 2004. His seven relatives, including his five sisters and a niece and nephew, are each seeking $100,000 in damages for psychiatric injuries stemming from his death.
The documents claim Mulrunji’s arrest was unlawful and that police acted negligently in their treatment of him at the Palm Island watch-house. They also claim Senior Sergeant Chris Hurley used excessive force to restrain Mulrunji and dragged him into the watch-house, despite him being capable of walking and willing to do so.
Snr Sgt Hurley was acquitted of a charge of manslaughter in the Supreme Court in Townsville in June. However, he has conceded he caused Mulrunji’s fatal injuries by falling on top of him as they fell onto the floor of the watch-house after a struggle.
Mulrunji died on the floor of a cell a short time later and an autopsy revealed his liver had been cleaved in two and his portal vein had burst. The documents filed by the Doomadgee family’s lawyers claim Snr Sgt Hurley failed to take reasonable care to avoid colliding with the deceased.
They also claim officers acted negligently by failing to properly monitor Mulrunji’s cell and that the Queensland Police Service failed to put in place adequate systems and protocols to ensure the cells were monitored. There was no indication when the case would be heard.
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