Fresh doubt over death in custody

THE findings of the second autopsy on Cameron Doomadgee, the Aboriginal man whose death in custody sparked riots last year on Palm Island, is inconclusive but has raised doubts about aspects of the police version of events.

Sources close to the investigation yesterday told The Courier-Mail  the new official report into Doomadgee's death on November 19 had confirmed initial autopsy results that the 36-year-old had died from a ruptured liver and four broken ribs.

After considering witness statements, the second autopsy findings are understood to have gone further than the initial report in concluding his injuries were "almost certainly" sustained during his arrest for creating a public nuisance.

The report is expected to prove explosive at the coronial inquest into Doomadgee's death.

The inquest will open with a directions hearing next Tuesday on Palm Island.

"Doubts have been raised about some police versions of events. It is an area of great contention," one source said.

But the two pathologists appointed by the State Coroner and the pathologist nominated by the Doomadgee family have been unable to conclusively rule how Doomadgee died.

Police have said Doomadgee and arresting officer Senior-Sergeant Chris Hurley had fallen on the steps of the Palm Island watchhouse during a struggle, which was allegedly sparked by the Aboriginal man punching the officer.

"The report has found that there was a degree of force applied to Mr Doomadgee's body, but how that happened is still the issue," the source said.

The findings were delivered to police, Doomadgee family lawyers and State Coroner Michael Barnes in the past week.

It is not expected the reports will be made public until midway through the actual coronial inquest hearing, set down for February 28 but which now may have to be delayed because of a change in the Doomadgee family's legal representation.

A spokesman for Sydney-based lawyers Chalk & Fitzgerald yesterday confirmed the firm was handing over the case to Legal Aid Queensland after failing to receive government funding.

"We are unable to get Legal Aid funding because we are from out of state and the Premier's Department refused to give us a special grant," the spokesman said.

It also emerged yesterday that the Doomadgees' pathologist, Byron Collins, who observed the second autopsy and provided a brief report, had been convicted of perjury in Victoria in 2001.

Dr Collins, who is expected to attend the hearing and possibly give evidence, pleaded guilty to four counts of perjury and five of obtaining property by deception.

Dr Collins's offences involved a $300,000 fraud and an antique bookcase which he illegally used to raise several loans between 1997 and 1998.

Dr Collins said yesterday he had received a two-year suspended sentence but was still able to practise. "It was separate to my work," he said. "My credibility as a witness is not in question in relation to my medical expertise."

A police spokesman yesterday refused to comment on the autopsy reports or the ongoing investigation.

The Doomadgee family could not be contacted.