Protected cop in trouble after all



[Above: Hurley and the political appointee who tried to protect him from prosecution]

Palm Island policeman Senior Sergeant Chris Hurley will be prosecuted over the death-in-custody of Palm Island man Mulrunji Doomadgee. Former NSW Chief Justice Laurence Street has handed in his review of the circumstances of Mulrunji's death and is understood to have said there is sufficient evidence to prosecute Snr Sgt Hurley over the death. Attorney-General Kerry Shine this morning confirmed he had received Sir Laurence Street's legal opinion in relation to possible charges resulting from the death of Mulrunji on Palm Island in 2004. Mr Shine said Sir Laurence had recommended Snr Sgt Hurley be charged with manslaughter and he had asked the Crown Solicitor to initiate a prosecution as soon as possible. He said Sir Laurence Street's report would not be released until after any trial took place in fairness to Snr Sgt Hurley.

Mr Shine said Sir Laurence, a former New South Wales Chief Justice, had considered the brief of evidence provided by the Director of Public Prosecution Leanne Clare. "Sir Laurence has advised me that he believes there is sufficient admissible evidence exists to support the institution of criminal proceedings against Senior Sergeant Chris Hurley for manslaughter of Mulrunji," Mr Shine said. "Furthermore, Sir Laurence believes there is a reasonable prospect of a conviction."

Mr Shine said Sir Laurence was asked to consider (1) whether sufficient admissible evidence exists to support the institution of criminal proceedings against any person with respect to the death of Mulrunji; and (2) whether a reasonable prospect of a conviction before a reasonable jury exists in the event a prosecution is brought against any person.

Mr Shine said Sir Laurence had emphasised that his role was not to determine whether Senior Sergeant Hurley was guilty of an offence, but rather to determine whether he should be put on trial. "In light of Sir Laurence's opinion, and having given very careful consideration to the matter myself, I have decided it is in the public interest that this matter should be resolved in a court," he said. "I have today instructed the Crown Solicitor to take the necessary steps to initiate a prosecution as soon as possible. "I ask that, given the pending legal proceedings, the media show restraint in their reporting of this matter so that Senior Sergeant Hurley can be assured of a fair trial."

Mr Shine said the fact that Sir Laurence had formed a different opinion to that of Ms Clare was in no way a slight on her. "The best legal minds often differ on matters of law - even in the High Court of Australia it is common for differing judgments to be recorded," he said. "In my view, Ms Clare has acted within the scope of her duty and her authority."

Mr Shine said the Government's intention remained to table Sir Laurence's opinion in State Parliament. "We will do so as soon as it is legally appropriate, but it is likely this will not be until after the court case to ensure the fairness of the prosecution is not compromised," Mr Shine said. The Beattie Government contracted Sir Laurence Street to review the case following widespread protest after Ms Clare found that Hurley had no case to answer. Shadow Attorney-General Mark McArdle said Mr Shine was likely to find himself in a legal minefield dealing with the outcome of Sir Laurence Street's review. "It is imperative that any report by Sir Laurence is made public and Mr Shine fully explains what steps he will take and why," Mr McArdle said.

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PM supports new dams

Permanent water restrictions in our cities should be no more acceptable than electricity rationing, Prime Minister John Howard says. Mr Howard said he remained confident Australia could eventually drought-proof its urban centres. But with the exception of Perth, no major Australian city has invested significantly in augmenting their water supplies for decades, he said. In the case of Brisbane, decisions to build new dams were cancelled and "then nothing else was done", the Prime Minister said.

Mr Howard attacked the mentality of state governments that tried to constrain demand by imposing water restrictions instead of investing in water infrastructure. That strategy allowed the states to preserve the cash flow of their water utilities which often paid out large dividends, he said. "The continuation of the drought has shown the strategy to be a foolhardy one," Mr Howard said.

Under the plan, city water providers will be made to invest in dams, desalination plants and other infrastructure or lose federal funding. "Water solutions will vary from place to place. The truth is we have the capacity to drought-proof our large cities. "What is needed is more investment, sensible pricing and an end to state governments using water utilities as cash cows."

Australian Democrats leader Lyn Allison praised the water plan. "Better late than never," she said. "The Prime Minister has also come a long way in acknowledging the needs of the environment."

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Being Australian



If you plan on spending Australia Day driving around in a ute while eating a meat pie and listening to Land Down Under, you qualify as the quintessential Aussie, according to a poll of Australians. And if you're heading for a barbeque at Bert and Patty Newton's better still.

Despite decades of multiculturalism, the Top Taste Lamingtons Aussie Poll has revealed stereotypical Aussie lifestyle is alive and well. The meat pie is our favorite Australian fare (56 percent), followed by the lamington.

Ian Thorpe, Kylie Minogue and television couple Kath and Kell are the celebrity icons that Australians are most happy to embrace.

When it comes to language our favorite Aussie word is "Gday", followed by "crikey", (thanks Steve Irwin) while Australian's happy-go-lucky attitude emerged in our favorite phrases "He'll/she'll be right mate (51 percent of votes) and "Don't get your knickers in a knot" (26 per cent).

The nationwide survey of 400 Australians aged 18 to 50 on all things Australian voted swimmer Ian Thorpe as the celebrity who made us most proud to Australian, followed closely by "singing budgie" Kylie Minogue. Interestingly veterans Bert and Patty Newton were our favorite couple closely beating Kath and Kell from TV comedy Kath and Kim.

It wasn't the Socceroo's World Cup performance in 2006 that was named the nation's greatest sporting moment. It was winning the America's Cup in 1983.

And forget the stubbie holder, the ute is considered the greatest Aussie invention, given the top vote by Australian blokes. The sheilas opted for the Hills Hoist, which came a close second.

In true larrikin spirit, the myth that Australians most want people overseas to believe is that we keep koalas and kangaroos as pets (41 percent) and that drop bears are a growing threat. (27percent).

We also see ourselves as a nation of Aussie Norms [couch potatoes] (41 percent) with few identifying with the likes of businessman James Packer (seven percent).

Australian entertainer Barry Crocker said the poll shows the national holiday brings out the "true blue Aussie in all of us''. "We all get a bit patriotic around Australia Day, so it's a great time to celebrate all the things we love most about being an Aussie. "Australian myths and slang words are all part of our mystique overseas, I think if you said yakka, drongo or chunder outside of Australia people would be calling for a translator! This is a good thing because it shows the rest of the world that Australia is unique, with its own distinctive culture. "I'm a huge fan of letting non-Australians believe the myths and stereotypes; the more people who think we ride kangaroos to work the better!"

"How could you not love Kylie and Thorpey? Two of our country's greatest ambassadors, who can both pull off wearing very tight shorts! I love meat pies and lamingtons too, the perfect national food to eat and bring out the dinky die Aussie in you on Australia Day."

Other poll findings were:

National Priorities: 39 per cent of Aussies want to see an improvement in our attitude towards the environment, followed by 31 per cent saying an increased sense of neighbourliness/ friendliness amongst the Australian public should be a priority.

Honorary Australians: Prince Frederik and the Finn brothers come almost equal at 34 per cent and 35 per cent respectively, as the people we would most like to become honorary Australians.

The Country: 80 per cent of Aussies surveyed say they would raise their kids here in Australia over anywhere else in the world.

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Parents still fleeing government schools, despite high costs

Parents sending their children to southeast Queensland's leading private schools are facing fee hikes of up to 14 per cent. For some, the cost of private education will top $13,000 for senior students this year. Even at more affordable Catholic schools, rising fees are putting pressure on struggling families, according to Parents and Friends Associations of Queensland executive director Paul Dickie. "The cost is a big problem for parents," Mr Dickie said. "Some will find it extremely difficult. "Any increase is going to restrict the number of families that can afford to send their kids to Catholic schools."

This year most of the leading private schools in southeast Queensland have lifted their fees by around 7 per cent. That has pushed the cost of a senior education well above $10,000 a year for at least eight of the most prestigious institutions.

The Southport School is one of Queensland's most expensive, charging $13,115 for students in Year 11 and 12. Headmaster Greg Wain admitted some families would have trouble paying that. "Not all our parents can pay the fees easily," he said. "Some do struggle and we're very cognisant of that." Mr Wain said the higher fees reflected increased salaries for teachers, rising interest rates and new technology costs. "Certainly for our parents, there's an expectation that there be national to international level facilities, including such things as swimming pools, rowing programs, leadership programs and extensive music programs," he said. "All of them are quite expensive to resource."

While The Southport School offers an all inclusive fee, other private schools also impose regular levies, which add thousands of dollars to the annual bill for parents. At Brisbane's Anglican Church Grammar school at East Brisbane, parents will pay $12,982 to educate a child in Years 8 to 12. Churchie also charges a non-refundable enrolment confirmation fee of $1150, along with levies for book rental and outdoor education and a $300 compulsory annual contribution to the building fund.

One of Brisbane's leading girls schools, Somerville House at South Brisbane is charging $10,620 for students in Years 7 to 12 this year, with added technology and excursion fees and a voluntary building levy.

If students are boarders, the financial slug at most schools will be at least as much as the tuition fees. But Independent Schools Queensland operations director David Robertson said the increasing cost of private education was not deterring parents. "It would seem the enrolment growth in our sector is continuing, which would indicate that parents still believe they are getting good value for money," he said.

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