State to say sorry for riot racism
Court approves $ 30m payout
THE Queensland Government will acknowledge Palm Island residents were racially discriminated against during the 2004 riots, with details of a public apology revealed in court yesterday.
In a Federal Court sitting in Townsville, Justice Bernard Murphy approved a $ 30 million class action settlement on allegations of racial discrimination during the riots, which broke out following the death of Cameron Doomadgee ( Mulrunji) in police custody.
On top of the large payout, the Queensland Government agreed to apologise to the Palm Island community with Justice Murphy reading out part of that apology.
“The Queensland Government expresses its sincere and profound apology to all the present and former residents of Palm Island who suffered as a result of the actions of any of its employees, servants or agents … following the death of Mulrunji in police custody,” Justice Murphy read.
“The Queensland Government acknowledges that men, women and children who were assaulted, or otherwise treated illegally during this time suffered distress, humiliation and violence, and were discriminated against on the basis of their race by persons who represented the Queensland Government.
“We offer our deep regret and sorrow for those actions.”
The action was brought by Lex Wotton, who served jail time for his role in the riots, his partner Cecilia Wotton and his mother Agnes Wotton on behalf of the Palm Island residents.
Outside court Mr Wotton said this the was the end of a long journey for him and he was pleased with the outcome.
“That's the end of the road … pretty much pleased now with the outcome and more or less for myself that’s the end of the road for me with this particular case,” he said.
“I’m very satisfied with the apology as it was read out and I’m informed by the lawyers that is not the full apology.”
A total of 441 people will share the $ 30 million settlement, with persons to be assessed into subgroups.
The “SERT subgroup” consists of people affected by arrests and entries and searches conducted by members of the QPS; these people will obtain a fixed sum of $ 20,000, with members of the group who were assaulted or witnessed an assault to be independently assessed for additional payment likely to fall between $ 65,000 and $ 85,000.
The “travel restriction” subgroup includes people who as a result of the emergency declaration on November 26, 2004, could not travel freely on or leave Palm Island; these people will receive compensation of up to $ 20,000
The “general damages” subgroup is for anyone in the class action who does not fall within the other subgroups and suffered loss or damages because of the contraventions of the Racial Discrimination Act; they will receive compensation up to $ 10,000.
More than $ 4 million will go to Levitt Robinson, the legal team representing Palm Island, with “outstanding costs” from their previously unpaid work, administration costs and “approved costs”.
If there is any remaining money once funds are distributed it is set to be donated to the Cathy Freeman Foundation, but that may change if a charity group is incorporated on Palm Island in the near future.