WEBVTT - Who is Committing the Crimes?

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<v Speaker 1>Just before nine o'clock last night, the jury returned guilty

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<v Speaker 1>verdicts against all three defendants.

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<v Speaker 2>It was absolute shambles, to tell you the truth, just

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<v Speaker 2>absolutely really heading.

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<v Speaker 1>Blood on his clothing the day after the alleged a

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<v Speaker 1>top a shallow mud bank and it fits through a river.

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<v Speaker 2>Basically, I think most of the people are used to

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<v Speaker 2>me are good people.

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<v Speaker 1>I think a really important question we need to ask

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<v Speaker 1>is how many Indigenous prisoners in Australia are innocent.

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<v Speaker 2>This is Curtain, a podcast where we pull back the

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<v Speaker 2>blinds to shine a light on the darkest parts of

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<v Speaker 2>our justice system and ask who are the victims.

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<v Speaker 1>I'm Amy Maguire and I'm Martin Hodgson, a senior advocate

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<v Speaker 1>for the Foreign Prisoner Support Service. And a warning this

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<v Speaker 1>series contains the names of deceased peoples and has distressing

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<v Speaker 1>content that might upset some listeners.

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<v Speaker 2>Welcome to episode fifty three of Curtain the podcast. This week,

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<v Speaker 2>before I talk about any updates to the case of

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<v Speaker 2>Kevin Henry and the ongoing issues we're fighting on, behalf

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<v Speaker 2>of Kevin that you've heard about throughout this podcast, I

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<v Speaker 2>want to spend the first half talking about a number

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<v Speaker 2>of issues that have come up in the last week

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<v Speaker 2>in regards to First Nations people and the law in Australia,

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<v Speaker 2>particularly dealings with the police. Remember these are just three

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<v Speaker 2>issues that have come up in the last week. This

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<v Speaker 2>is twenty eighteen. And yet imagine what was happening in

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<v Speaker 2>nineteen ninety one in Queensland, not in a city, in

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<v Speaker 2>a rural regional area, just after the Fitzgerald inquiry. And

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<v Speaker 2>keep that in mind as you hear about what's been

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<v Speaker 2>going on around the country just this week. Earlier this

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<v Speaker 2>week we learnt about the trouble facing the cousin of

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<v Speaker 2>Miss Jew. As you'll remember, Miss Jew tragically died in

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<v Speaker 2>Western Australia after being locked up for unpaid fines and

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<v Speaker 2>being treated despicably by both the police and the health services.

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<v Speaker 2>She was left to die in excruciating pain. She was

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<v Speaker 2>dragged and pulled around by her arms and legs, and

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<v Speaker 2>the fact there's never been criminal charges laid in her

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<v Speaker 2>death is an utter disgrace. Despite that, the Western Australian

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<v Speaker 2>government has been forced to pay more than a million

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<v Speaker 2>dollars to her family in compensation, but that's never enough

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<v Speaker 2>to bring her back and undo the damage that they've

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<v Speaker 2>done to the jew family and those from her extended

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<v Speaker 2>family and her loved ones. This week we learn that

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<v Speaker 2>her cousin is also facing imprisonment for unpaid fines. Her cousin,

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<v Speaker 2>also living in WA, is a qualified youth worker and

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<v Speaker 2>has been working at the Banksier Hill Youth Detention Center

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<v Speaker 2>as a liaison officer. And as you've heard in this podcast,

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<v Speaker 2>Banksier Hill is a place where it's almost exclusively Indigenous

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<v Speaker 2>prisoners and where the young people suffering almost exclusively have

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<v Speaker 2>a significant number of brain injuries. And you can go

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<v Speaker 2>back to the podcast and I'll link to that where

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<v Speaker 2>you can hear the scientific evidence from the medical journals

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<v Speaker 2>that examined these children about the significant issues they faced.

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<v Speaker 2>And so Misdew's cousin is doing very important work with

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<v Speaker 2>these young people to get them back on track and

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<v Speaker 2>help them with the care they need, because quite frankly,

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<v Speaker 2>they shouldn't be in detention. Sadly, her contract was not

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<v Speaker 2>continued at Banksier Hill, so taking due diligence, she notified

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<v Speaker 2>center link of the payments that she was no longer

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<v Speaker 2>going to be receiving as an employed person. She made

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<v Speaker 2>all the right notifications and then on Monday this week,

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<v Speaker 2>she received a new job offer and so very quickly

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<v Speaker 2>got back on the phone to center Link to update

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<v Speaker 2>her information and her details. As she tried to explain

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<v Speaker 2>to the Centrelink officer about her situation, the finishing of

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<v Speaker 2>one contract, the fact that she'd advised and a Link

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<v Speaker 2>that that had finished and now that she'd received a

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<v Speaker 2>new job, she was stopped in her tracks and she

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<v Speaker 2>was told that and I quote, I need to let

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<v Speaker 2>you know that we cannot do you any more favors.

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<v Speaker 2>We have a warrant out for your arrest and we

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<v Speaker 2>cannot give you any other option other than to go

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<v Speaker 2>to jail and serve your time or pay three thousand,

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<v Speaker 2>seven hundred and forty four dollars. Now, I also want

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<v Speaker 2>to add that Misdew's cousin is a mother, and now

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<v Speaker 2>she is facing the very real prospect of being sent

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<v Speaker 2>to prison the place where her own cousin died for

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<v Speaker 2>the same absurd and ridiculous reason of unpaid fines find

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<v Speaker 2>she is trying to pay off FIND. She was in

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<v Speaker 2>the process in that phone conversation of trying to discuss

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<v Speaker 2>this is a working woman, a working mother, a working

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<v Speaker 2>mother who is assisting Aboriginal children who, as medical professionals

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<v Speaker 2>have said, need the highest of care, and yet despite

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<v Speaker 2>what the State of Queensland have done to the family,

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<v Speaker 2>they're seeking to do it again. Imagine the fear that

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<v Speaker 2>the family are facing this week. There's also a gofund

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<v Speaker 2>me page and you'll find that on Curtain Podcast's Twitter

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<v Speaker 2>page where you can support the family to help them

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<v Speaker 2>avoid these tragic circumstances playing out again. But quite clearly,

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<v Speaker 2>the WA government's practice of jailing people for small findes

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<v Speaker 2>not relating to criminal matters is killing Aboriginal people and

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<v Speaker 2>it has to stop. This is absurd and it wouldn't

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<v Speaker 2>be allowed to be accepted for anyone else in this country.

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<v Speaker 2>Also this week, and also in WA, a senior sergeant

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<v Speaker 2>has been stood down after an incident in which a

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<v Speaker 2>teenager was run down by a police vehicle in the

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<v Speaker 2>Perth suburb of Thornley on Sunday afternoon. Now it might

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<v Speaker 2>sound like it must be serious for a senior sergeant

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<v Speaker 2>to be stood down, but based on what occurred, this

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<v Speaker 2>sergeant should have lost his job and should be facing

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<v Speaker 2>criminal charges. Two lots of footage have emerged of an

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<v Speaker 2>unmarked police car swerving across the road and deliberately striking

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<v Speaker 2>an eighteen year old Aboriginal man and knocking him to

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<v Speaker 2>the ground where he had a seizure on the ground.

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<v Speaker 2>He was then restrained and placed in handcuffs while he

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<v Speaker 2>was having the seizure. The footage is shocking and confronting.

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<v Speaker 2>The young man was taken to found A Stanley hospital

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<v Speaker 2>for treatment and we believe he is doing better, but

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<v Speaker 2>we can't be sure of his condition at this stage

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<v Speaker 2>and it's impossible to know what the long term consequences

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<v Speaker 2>for his health could be. This is a young man

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<v Speaker 2>of just eighteen years old, really just a boy, and

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<v Speaker 2>a police officer has used a vehicle like a deadly

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<v Speaker 2>weapon to deliberately strike this young man. Again. We will

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<v Speaker 2>show the footage on our Twitter page Curtain Podcast, and

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<v Speaker 2>we'll post it to our Facebook page as well. There

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<v Speaker 2>is now footage from multiple bystanders who captured the full event,

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<v Speaker 2>and the footage is from two angles and you will

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<v Speaker 2>clearly see the young man walking with his back turned,

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<v Speaker 2>the vehicle accelerating towards him, swerving and deliberately striking him

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<v Speaker 2>to knock him onto the road. The West Australian Government

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<v Speaker 2>has only stood this police officer down. This is not

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<v Speaker 2>some young constable. This is a senior sergeant, a person

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<v Speaker 2>of high rank in charge of many other officers. If

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<v Speaker 2>this is the example they set, imagine what else they're

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<v Speaker 2>doing to Aboriginal people that, in broad daylight on a

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<v Speaker 2>Sunday afternoon, with cars and pedestrians around, this officer had

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<v Speaker 2>no compunction about swerving towards and striking a child. This

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<v Speaker 2>is despicable action and criminal charges should be laid. Before

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<v Speaker 2>I move on to the next story, I want you

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<v Speaker 2>to remember about Rockhampton in nineteen ninety one when police

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<v Speaker 2>were rounding up Aboriginal people like they were cattle over

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<v Speaker 2>the murder of Linda. And we know these people they

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<v Speaker 2>were chasing, many of whom had absolutely nothing to do

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<v Speaker 2>with what had happened, and yet they too were treated

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<v Speaker 2>in this way, abused, beaten and threatened, just like Kevin

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<v Speaker 2>Henry was. And these are stories we've heard from many

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<v Speaker 2>other people Aboriginal people from Rockhampton at the time. And

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<v Speaker 2>if you can't believe it, all you have to do

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<v Speaker 2>is watch the footage twenty eighteen Western Australia Broad Daylight

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<v Speaker 2>and a senior sergeant is willing to simply run down

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<v Speaker 2>an individual, an eighteen year old boy. That should leave

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<v Speaker 2>you with no doubt and no doubt as to the

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<v Speaker 2>fear that all those who were questioned in relation to

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<v Speaker 2>the death of Linda were experiencing when they were taken

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<v Speaker 2>without lawyers to the watchhouse in Rockhampton, a place we

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<v Speaker 2>know at the time was overcrowded and where debts in

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<v Speaker 2>custody had taken place, A place where, as we've revealed before,

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<v Speaker 2>corrupt police were allowing a criminal, a known abuser and

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<v Speaker 2>drug trafficker, to store his possessions in a locker so

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<v Speaker 2>that he could leave prison on the weekends to go

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<v Speaker 2>out to nightclubs. Again, you can hear about that more

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<v Speaker 2>in a full episode on that issue in Curtain the podcast.

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<v Speaker 2>Also this week comes a decision about what happened on

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<v Speaker 2>Palm Island all those years ago. As you remember, Moronji

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<v Speaker 2>was killed by a police officer, although that would never

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<v Speaker 2>be accepted by the police. On parm Island, more than

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<v Speaker 2>a decade ago, a supposed riot broke out, but I

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<v Speaker 2>don't think you can call it a riot when a

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<v Speaker 2>community was standing up in fear to protect their loved ones,

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<v Speaker 2>their family, their little ones after one of their own

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<v Speaker 2>family members had been so violently assaulted by police his

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<v Speaker 2>liver had split in two. What were they supposed to do,

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<v Speaker 2>simply stand there and let another person be killed. Remember,

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<v Speaker 2>no officer went to jail over Mulrunji's death. However, Lex

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<v Speaker 2>Wotton went to prison for protecting his community. And in

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<v Speaker 2>addition to him going to prison, he was also silenced

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<v Speaker 2>upon release and not able to tell his story for

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<v Speaker 2>a number of years. Now, why would they do that

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<v Speaker 2>unless the police were clearly in the rle Well, this

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<v Speaker 2>week a federal court has found that the police were

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<v Speaker 2>in the wrong and breached the Racial Discrimination Act. We

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<v Speaker 2>should not be surprised that Queensland police were acting in

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<v Speaker 2>a racial manner when they attacked Mulrunji and arrested and

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<v Speaker 2>beat many of the people involved in the uprising to

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<v Speaker 2>protect their community. The Police union, of course, are throwing

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<v Speaker 2>what can only be described as a tantrum over the

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<v Speaker 2>findings of the federal court. These are law enforcement officers

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<v Speaker 2>who now will not accept the findings of a court.

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<v Speaker 2>A federal court, no doubt that found quite clearly they

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<v Speaker 2>were in breach of the Racial Discrimination Act. Now there's

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<v Speaker 2>already been some money paid out previously as to police

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<v Speaker 2>actions over the Palm Island incident, the treatment of Lex

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<v Speaker 2>Wotten and much more. But here we have again the

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<v Speaker 2>police being found in the wrong. This time the payment

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<v Speaker 2>is for thirty million dollars a settlement that was reached

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<v Speaker 2>with the Palm Island community and the Queensland Government. It's

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<v Speaker 2>quite clear that if that settlement had not been reached

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<v Speaker 2>and things had dragged on longer, that the Palm Island

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<v Speaker 2>community would have won more money. Thirty million dollars shows

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<v Speaker 2>you just how repulsive, repugnant and criminal the actions of

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<v Speaker 2>the Queensland Police Service were in the killing of Mulrunji

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<v Speaker 2>and the treatment of the Palm Island community after that

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<v Speaker 2>horrific and tragic event. With heard from many people in

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<v Speaker 2>Queensland who feel that the Queensland Government should not pay

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<v Speaker 2>this amount of money. Once again we see Indigenous people,

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<v Speaker 2>First Nations people treated as less than anyone else, just

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<v Speaker 2>the way Kevin Henry has been for more than twenty years,

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<v Speaker 2>Just the way Linda was by the same Queensland Police

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<v Speaker 2>Service who didn't care to solve the crime, who didn't

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<v Speaker 2>care to deliver justice for Linda and justice for her

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<v Speaker 2>family and deliver closure for all those involved. In their

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<v Speaker 2>own words, as they said to a solicitor, all they

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<v Speaker 2>wanted was a black for a black. As we continue

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<v Speaker 2>in the coming weeks, we'll finally be able to reveal

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<v Speaker 2>more about Kevin Henry's case and what is going on

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<v Speaker 2>at the moment and why amy has been a way

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<v Speaker 2>for a number of weeks. But just remember this is

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<v Speaker 2>what's happened just this week, the cousin of Miss dw

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<v Speaker 2>facing imprisonment just like her murdered cousin in a West

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<v Speaker 2>Australian cell for unpaid fines, an absurd state of affairs,

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<v Speaker 2>criminal targeting of Aboriginal people. You've also heard in Western

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<v Speaker 2>Australia how a senior sergeant, in broad daylight, in front

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<v Speaker 2>of pedestrians and motorists deliberately struck a young man, knocking

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<v Speaker 2>him to the ground and causing him to have seizures

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<v Speaker 2>and then placing him in handcuffs. And finally you've heard

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<v Speaker 2>that this week again, a federal court has found the

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<v Speaker 2>Queensland Police Service, the Queensland Police Service that imprisoned Kevin Henry,

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<v Speaker 2>the Queensland Police Service responsible for so many debts in

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<v Speaker 2>custody the Queensland Police Service that failed to catch Linda's

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<v Speaker 2>real killer. The Queensland Police Service that was subject to

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<v Speaker 2>the Fitzgerald inquiry that saw officers and the commissioner go

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<v Speaker 2>to prison for their actions, has been found to be

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<v Speaker 2>in breach of the Racial Discrimination Act that tells you

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<v Speaker 2>everything about the way they see Aboriginal people, and the

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<v Speaker 2>Queensland Government as a result, are being forced to hand

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<v Speaker 2>over thirty million dollars to the people of Palm Island,

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<v Speaker 2>and so they should. For those who say they don't

0:17:40.920 --> 0:17:45.560
<v Speaker 2>want their tax dollars to be used this way. Your

0:17:45.600 --> 0:17:48.520
<v Speaker 2>beef is not with the Aboriginal community. It is not

0:17:48.600 --> 0:17:51.919
<v Speaker 2>with the people of Palm Island. It should be with

0:17:52.040 --> 0:17:56.919
<v Speaker 2>the Queensland Police Service who continue to commit these criminal acts.

0:17:58.000 --> 0:18:01.600
<v Speaker 2>If the Queensland Police Service did their job, this money

0:18:01.640 --> 0:18:04.840
<v Speaker 2>would not be needed to be paid out, the people

0:18:04.880 --> 0:18:07.320
<v Speaker 2>of Palm Island would not have been put through what

0:18:07.440 --> 0:18:11.080
<v Speaker 2>they have been for so long, and Mulrunji would still

0:18:11.119 --> 0:18:15.720
<v Speaker 2>be alive. So if you want to write with anger,

0:18:16.200 --> 0:18:20.320
<v Speaker 2>write with passion and call for political change, don't target

0:18:20.359 --> 0:18:24.440
<v Speaker 2>the people of Palm Island. Don't target the jew family,

0:18:25.240 --> 0:18:28.359
<v Speaker 2>don't target a young man simply walking down the street,

0:18:29.840 --> 0:18:34.560
<v Speaker 2>Focus on the police services that continue to commit these crimes,

0:18:35.119 --> 0:18:39.040
<v Speaker 2>and call on your politicians to make the changes, to

0:18:39.160 --> 0:18:42.800
<v Speaker 2>start sacking each and every officer all the way to

0:18:42.880 --> 0:18:48.240
<v Speaker 2>the top until this behavior changes. We cannot have in

0:18:48.359 --> 0:18:52.080
<v Speaker 2>one week a young man being struck down and nearly

0:18:52.200 --> 0:18:56.919
<v Speaker 2>killed by police, a young mother, a qualified and working

0:18:57.000 --> 0:19:03.080
<v Speaker 2>youth worker, being threatened with imprisonment for unpaid fines in

0:19:03.119 --> 0:19:06.800
<v Speaker 2>a place where her own cousin died. And we should

0:19:06.840 --> 0:19:11.480
<v Speaker 2>not have a community still in trauma and grief over

0:19:11.520 --> 0:19:15.000
<v Speaker 2>what was done to them more than a decade ago,

0:19:15.240 --> 0:19:19.639
<v Speaker 2>only now finally getting some justice. All of this not

0:19:19.840 --> 0:19:23.760
<v Speaker 2>because of the actions of Aboriginal and torrestrate Islander people,

0:19:24.240 --> 0:19:27.960
<v Speaker 2>but because of the actions of the police service, the

0:19:28.080 --> 0:19:33.119
<v Speaker 2>very people you've heard in this podcast who pressured Kevin

0:19:33.160 --> 0:19:36.280
<v Speaker 2>Henry into confessing to a crime he did not commit.

0:19:37.280 --> 0:19:42.040
<v Speaker 2>His innocence, he has maintained throughout and has always denied,

0:19:42.119 --> 0:19:46.880
<v Speaker 2>that he gave that confession voluntarily, something agreed to by

0:19:46.920 --> 0:19:50.120
<v Speaker 2>the judge at his trial, and why he should be

0:19:50.160 --> 0:20:01.480
<v Speaker 2>released immediately that was curtin the podcast. Please consider going

0:20:01.520 --> 0:20:05.359
<v Speaker 2>to our Facebook page Curtain the Podcast. We also have

0:20:05.440 --> 0:20:11.880
<v Speaker 2>a Twitter account and a website www. Dot curtinthepodcast dot com,

0:20:12.520 --> 0:20:16.160
<v Speaker 2>and you can also support our work in uncovering all

0:20:16.200 --> 0:20:20.480
<v Speaker 2>these issues and bringing justice for Kevin and Linda and

0:20:20.560 --> 0:20:24.679
<v Speaker 2>continuing to work behind the scenes on what's happening with

0:20:24.920 --> 0:20:28.920
<v Speaker 2>police and Aboriginal people by going to our Patreon account,

0:20:29.240 --> 0:20:33.600
<v Speaker 2>which you can find at our website, facebook page, and Twitter.

0:20:34.240 --> 0:20:36.680
<v Speaker 2>From as little as a dollar a month, you can

0:20:36.720 --> 0:20:39.119
<v Speaker 2>support our work. Thank you.