Trial of Lex Wotton

"[12] In March 2004, he wrote an open letter to the recently reelected official Mike Reynolds, requesting an explanation as to why the jetty at Arcadia Bay received part of a massive injection of state money whereas no state funds were allocated for the dilapidated Palm Island jetty, even though 86 per cent of the Palm Island vote went to Reynolds.

[15] He went on a tour[16] that included Melbourne on 9 August 2008 at the Solidarity Fiesta at the MUA Auditorium[17] he said .... "I'm not afraid of anything, because...people like you will get out there and spread the message, tell the truth.

[19] Along with French ethnographer Barbara Glowczewski, Wotton is co-author of the 2008 book Warriors for Peace: The Political Conditions of Aboriginal People as Viewed from Palm Island.

[20]) On Friday 19 November 2004, 36-year-old Palm Island resident Cameron Doomadgee was arrested for public drunkenness and died in police custody an hour later.

[21] After hearing that Doomadgee had died from a ruptured liver in the scuffle at the island's watch-house, a succession of angry young Aboriginal men spoke to the crowd and encouraged immediate action be taken against the police.

Wotton joined 1,000 other people in a riot on Palm Island that resulted in the police station, the court house, and the home of the officer-in-charge being burned down.

[21] Additionally, Wotton sought an investigation by the Crime and Misconduct Commission (CMC) and wanted the government to agree to move all police from the island.

[23] Despite the strict bail conditions, three days later Wotton attended a protest march through Townsville[24] and laid flowers on the steps of the north Queensland city's police station in memory of Doomadgee.

[26] In November 2006, four months before his trial where he faced life imprisonment,[27] Wotton become one of six people nominated to run for mayor of the North Queensland Aboriginal community in a December by-election.

[36] The trial lasted 18 days, with the jury on 24 October finding Wotton guilty of inciting a riot that resulted in the destruction of the island's police station, the courthouse and an officer's residence.

Speakers at a Brisbane rally argued that Wotton should have been given a bravery award for what they saw as standing up to the racist oppression of Palm Islanders.

The case was heard by the High Court in August 2010, where Wotton was represented by a team of lawyers including Levitt Robinson Solicitors, Ron Merkel QC, assisted by Kristen Walker, Alistair Pound and Ben Schokman.

In relation to the applicants and group members as defined in the further amended originating application filed 25 August 2015, Detective Inspector Warren Webber, Detective Senior Sergeant Raymond Joseph Kitching and Inspector Mark Williams committed unlawful discrimination, in contravention of section 9(1) of the Racial Discrimination Act 1975 (Cth), by failing to treat Senior Sergeant Christopher Hurley as a suspect in the death of Cameron Doomadgee and by allowing Senior Sergeant Hurley to continue to perform policing duties on Palm Island between 19 and 22 November 2004.2.

In relation to the applicants and group members, between 19 and 22 November 2004, Detective Inspector Webber and Detective Senior Sergeant Kitching committed unlawful discrimination, in contravention of section 9(1) of the Racial Discrimination Act, in their treatment of Aboriginal witnesses interviewed, and in their treatment of information supplied by those witnesses, for the purposes of the investigation by the Queensland Police Service into the death of Cameron Doomadgee.3.

In relation to the applicants and group members, between 19 and 22 November 2004, Detective Senior Sergeant Kitching committed unlawful discrimination, in contravention of section 9(1) of the Racial Discrimination Act, in submitting inaccurate information to the coroner, and in failing to supply relevant information to the coroner, for the purposes of the coronial investigation into the death of Cameron Doomadgee.4.

In relation to the applicants and group members, the failure of any officer of the Queensland Police Service with appropriate command responsibilities, including Inspector Gregory Strohfeldt and Acting Assistant Commissioner Roy Wall, to suspend Senior Sergeant Hurley from active duty on Palm Island after the death of Cameron Doomadgee on 19 November 2004 constituted unlawful discrimination in contravention of section 9(1) of the Racial Discrimination Act.5.

In relation to the applicants and group members, the failure of any officer of the Queensland Police Service with appropriate command responsibilities on Palm Island between 22 and 26 November 2004, including Inspector Brian Richardson and Senior Sergeant Roger Whyte, to communicate effectively with the Palm Island community and defuse tensions within that community relating to the death in custody of Cameroon Doomadgee, and the subsequent police investigation, constituted unlawful discrimination in contravention of section 9(1) of the Racial Discrimination Act.6.

[50] According to the Wottons' legal team, the judgment left the door open for potentially hundreds of claims for compensation by Aboriginal residents of Palm Island who were affected by the police conduct.