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Palm Island family mulls civil action
Thursday Jun 21 09:55 AEST
A lawyer for the family of Mulrunji Doomadgee says the door is still open to pursue legal action against the police officer cleared of his manslaughter.
A Townsville jury found Senior Sergeant Chris Hurley not guilty of the manslaughter and assault of the 36-year-old Aborigine in the Palm Island watchhouse in north Queensland in November 2004.
The verdict has sparked anger and calls for the Doomadgee family to pursue civil action against Snr Sgt Hurley, Australia's first policeman charged over an Aboriginal death in custody.
Lawyer Andrew Boe said the family had asked him to investigate whether it could pursue further action against the officer, who acknowledged during the trial that his actions must have caused the death.
"The acceptance (by Snr Sgt Hurley) of having caused that injury by actions, albeit found by a jury in a criminal trial in the criminal standard as being not sufficient to attach criminal liability, I don't think closes the door on whether or not there's civil liability," Mr Boe told ABC radio.
Mulrunji died of internal bleeding after suffering a blow to the abdomen, which resulted in his liver being cleaved in two and his portal vein bursting, about an hour after being taken into custody for swearing.
Three medical experts testified the injuries could have occurred by Snr Sgt Hurley accidentally falling on top of Mulrunji with his knee protruding, or by the officer intentionally performing a "knee drop".
The officer told the court he "must have" fallen on top of Mulrunji, but added the incident was a "grey area."
Mr Boe said civil action could take place in a Supreme Court before a judge or jury.
He said civil courts had a lesser standard of proof than criminal courts."
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http://news.ninemsn.com.au/article.aspx?id=272336