Trial of Lex Wotton
Encyclopedia
The trial of Lex Wotton relates to the events surrounding the Townsville, Queensland
proceedings in the Federal Magistrates Court concerning the actions taken by Palm Island Aboriginal Shire Council
member Lex Wotton during the 26 November 2004 Palm Island riots.
Lex Wotton was a two-time councillor on the Palm Island Aboriginal Shire Council when 36-year-old Palm Island resident Cameron Doomadgee was arrested for public drunkenness
on 19 November 2004, and died in police
custody a few hour later. When the coroner's report was read at a community meeting, Wotton and the others learned that Doomadgee had suffered four broken ribs, a ruptured liver, and a ruptured portal vein as part of his arrest. Outraged, Wotton lead a riot of approximately 1,000 people on Palm Island
that resulted in several public buildings being burned down. Wotton was arrested, but on his release, he was hailed as a hero by many residents of Palm Island. He continued to act as a leader and even ran for mayor of the North Queensland
Aboriginal community. Approximately four years after the riot, Wotton was found guilty of inciting a riot and sentenced to seven years in prison.
In October 2002, at age 34, Lex Wotton was elected to his second term as councillor on the Palm Island Aboriginal Shire Council in an ATSIC Regional Council elections
where he was one of eight nominations seeking two positions. In May 2003, Wotton supported a group of Palm Island women who called for the resignation of council chairwoman Delena Foster, asserting that she "diminished the rights of all islanders by proposing a strict new alcohol ban" as well as threatening a significant source of income for the area. Eleven days later, Wotton stated that the council had only $600,000 left in its reserves to run the island until the end of June – a claim chairwoman Foster heatedly disputed by saying that the council in fact had $1.5 million. By the end of June, Wotton became fed up with the Palm Island Aboriginal Council's practices and handed in his resignation, reasoning that in the 3½ years he was on the council, the body did not achieve one long-term success.
Wotton, a plumber by trade, then kept his name in the public by writing to Letters to the Editor of the Townsville Bulletin
to get his messages out. For example, in November 2003, Wotton's letter to the editor praised the decision to dissolve the Palm Island Aboriginal Council, since it would allow Palm Island to "to adopt the very principles and practice of good governance and to see it effectively and efficiently discharged for the benefit of all in our community." 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. At the end of March, Wotton was one of eight candidates for the new Palm Island Community Council.
, Wotton justified the riot, saying that the residents did not believe the death was an accident and the residents had set fire to the police station because they had been "crying out for help" and no one had listened. 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.
Before his Courier-Mail newspaper interview was delivered to the public and in response to Wotton's actions during the riot, police entered Wotton's home at 4:45 am Saturday and used a stun gun on the back of his leg to arrest him, all the time pointing a rifle at his 15-year-old daughter's head as she sat on a bedroom floor. At the time, Wotton became one of 17 defendants, all males, charged in the Palm Island riots and was alleged to be the riot ringleader. At the Townsville Magistrate Court on 29 November, Lex Patrick Wotton was charged with "arson (two counts), serious assault on police (three counts), wilful damage and riot causing damage."
On 6 December, Wotton was released on bail, in part due to being characterised as a "leader and saviour" for the Palm Island community. The bail conditions required Wotton to return to court on 10 March 2007, and restricted Wotton's movements, particularly focusing on preventing his attending Doomadgee's funeral and returning to the north Queensland island.
Despite the strict bail conditions, three days later Wotton attended a protest march through Townsville and laid flowers on the steps of the north Queensland city's police station in memory of Doomadgee. Wotton was being hailed a hero even before Doomadgee's sister put her arms around Wotton's neck on 9 December, saying "you're my warrior". After a subsequent court hearing, Wotton was allowed to return home to Palm Island in early May 2005.
In November 2006, four months before his trial where he faced life imprisonment, Wotton become one of six people nominated to run for mayor of the North Queensland
Aboriginal community in a December by-election
. However, one day before the election, the Supreme Court of Queensland
ruled Wotton ineligible to be mayor since the Local Government Act 1993 disqualifies people from elected office in Queensland if they are an undischarged bankrupt and Wotton had previously been bankrupt.
As Wotton waited for his trial, a man mistaken for being Wotton in September 2007 was attacked from behind while at a urinal in the Rising Sun Hotel. In addition to having his wrist bone shattered and jaw bone fractured, the attackers caused him internal bleeding, head and facial injuries and bruised ribs.
After several delays, Wotton's trial began on 6 October 2008 in the District Court
in Brisbane. 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. Fourteen days later, Wotton was sentenced to seven years in prison, reduced to six years for time already served. His family has no plans to appeal the sentence.
, which means he cannot speak to the media or attend public meetings without prior approval. Gracelyn Smallwood of the Indigenous Human Rights Committee believes it is designed to muzzle the truth. Terry O'Gorman
, President of the Australian Council For Civil Liberties
, has called it 'obnoxious'. Stewart Levitt, the director of the Black and White Justice Foundation remarked that it was unusual for a public spokesman and former politician to be prohibited from a public meeting. As well as welcoming Wotton back home, Alf Lacey, the mayor of Palm Island, commented that the conditions were excessive.
Wotton has appealed the constitutionality of his parole conditions to the High Court of Australia. The Australian constitution contains an implied right of political communication, as is necessary in a representative democracy, plus rights to freedom of association and assembly. The case was heard by the High Court in August 2010, where Wotton was represented by Ron Merkel QC, assisted by Kristen Walker, Alistair Pound and Ben Schokman.
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
proceedings in the Federal Magistrates Court concerning the actions taken by Palm Island Aboriginal Shire Council
Palm Island Aboriginal Shire Council
The Aboriginal Shire of Palm Island is a special Local Government Area of Queensland, Australia, managed by the Palm Island Aboriginal Shire Council under a Deed of Grant in Trust granted to the community on 27 October 1986. It is located on Palm Island, near the north Queensland city of...
member Lex Wotton during the 26 November 2004 Palm Island riots.
Lex Wotton was a two-time councillor on the Palm Island Aboriginal Shire Council when 36-year-old Palm Island resident Cameron Doomadgee was arrested for public drunkenness
Public intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...
on 19 November 2004, and died in police
2004 Palm Island death in custody
The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years...
custody a few hour later. When the coroner's report was read at a community meeting, Wotton and the others learned that Doomadgee had suffered four broken ribs, a ruptured liver, and a ruptured portal vein as part of his arrest. Outraged, Wotton lead a riot of approximately 1,000 people on Palm Island
Palm Island, Queensland
Palm Island is an Aboriginal community located on Great Palm Island, also called by the Aboriginal name "Bwgcolman", an island on the Great Barrier Reef in North Queensland, Australia The settlement is also known by a variety of other names including "the Mission", Palm Island Settlement or Palm...
that resulted in several public buildings being burned down. Wotton was arrested, but on his release, he was hailed as a hero by many residents of Palm Island. He continued to act as a leader and even ran for mayor of the North Queensland
North Queensland
North Queensland or the Northern Region is the northern part of the state of Queensland in Australia. Queensland is a massive state, larger than most countries, and the tropical northern part of it has been historically remote and undeveloped, resulting in a distinctive regional character and...
Aboriginal community. Approximately four years after the riot, Wotton was found guilty of inciting a riot and sentenced to seven years in prison.
Background on Lex Wotton
Lex Wotten was a plumber by trade and the plumber for Palm Island as well as an Aboriginal elder, an indigenous activist of prominence and co author. He also married and is the father of four children.In October 2002, at age 34, Lex Wotton was elected to his second term as councillor on the Palm Island Aboriginal Shire Council in an ATSIC Regional Council elections
Aboriginal and Torres Strait Islander Commission
The Aboriginal and Torres Strait Islander Commission was the Australian Government body through which Aboriginal Australians and Torres Strait Islanders were formally involved in the processes of government affecting their lives...
where he was one of eight nominations seeking two positions. In May 2003, Wotton supported a group of Palm Island women who called for the resignation of council chairwoman Delena Foster, asserting that she "diminished the rights of all islanders by proposing a strict new alcohol ban" as well as threatening a significant source of income for the area. Eleven days later, Wotton stated that the council had only $600,000 left in its reserves to run the island until the end of June – a claim chairwoman Foster heatedly disputed by saying that the council in fact had $1.5 million. By the end of June, Wotton became fed up with the Palm Island Aboriginal Council's practices and handed in his resignation, reasoning that in the 3½ years he was on the council, the body did not achieve one long-term success.
Townsville Bulletin
The Townsville Bulletin is a daily newspaper published in Townsville, Queensland, Australia. It is the only daily paper that serves the northern Queensland region. The paper has a print edition, a free World Wide Web edition, and a subscription digital edition.The newspaper is published by The...
to get his messages out. For example, in November 2003, Wotton's letter to the editor praised the decision to dissolve the Palm Island Aboriginal Council, since it would allow Palm Island to "to adopt the very principles and practice of good governance and to see it effectively and efficiently discharged for the benefit of all in our community." In March 2004, he wrote an open letter to the recently reelected official Mike Reynolds
Mike Reynolds (politician)
Michael Reynolds is an Australian politician. He was a Labor member of the Queensland Legislative Assembly from 1998 to 2009, representing the district of Townsville. He served as Speaker of the Queensland Legislative Assembly from 2006 to 2009.- Biography :Reynolds has first elected to...
, 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. At the end of March, Wotton was one of eight candidates for the new Palm Island Community Council.
Public speaking
Lex Wotton had become something of a public speaker, speaking at various venues including presenting the screening of Protected at the Film Fanatics society at Petersham Bowling Club where he spoke of seeing the film as a boy and how it opened his eyes to the way "things were different on Palm". He went on a tour that included Melbourne on 9 August 2008 at the Solidarity Fiesta at the MUA Auditorium he said .... "I'm not afraid of anything, because...people like you will get out there and spread the message, tell the truth." On 10 September 2008 he spoke at a public meeting at the Queensland University of Technology.Book release
Along with French ethnographer Barbara Glowczewski, Lex Wotton is co-author of the 2008 book Warriors for Peace: The Political Conditions of Aboriginal People as Viewed from Palm Island. (Glowczewski has also written Angry dreams – Aboriginal alliances in the North-West of Australia and Desert dreamers – the Warlpiri people of Australia.)The Palm Island riots
On Friday 19 November 2004, 36-year-old Palm Island resident Cameron Doomadgee was arrested for public drunkenness and died in police custody a few hours later. The coroner's report was released on Friday 26 November, and read to a community meeting. After hearing that Doomadgee had suffered four broken ribs, a ruptured liver, and a ruptured portal vein in the scuffle at the island's watch-house, 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. In a Friday interview with the The Courier-MailThe Courier-Mail
The Courier-Mail is a daily newspaper published in Brisbane, Australia. Owned by News Limited, it is published daily from Monday to Saturday in tabloid format. Its editorial offices are located at Bowen Hills, in Brisbane's inner northern suburbs, and it is printed at Murarrie, in Brisbane's...
, Wotton justified the riot, saying that the residents did not believe the death was an accident and the residents had set fire to the police station because they had been "crying out for help" and no one had listened. Additionally, Wotton sought an investigation by the Crime and Misconduct Commission
Crime and Misconduct Commission
The Crime and Misconduct Commission is an independent Queensland Government entity created to combat and reduce the incidence of major crime and to continuously improve the integrity of, and to reduce the incidence of misconduct in, the Queensland public sector. The CMC also has a witness...
(CMC) and wanted the government to agree to move all police from the island.
Before his Courier-Mail newspaper interview was delivered to the public and in response to Wotton's actions during the riot, police entered Wotton's home at 4:45 am Saturday and used a stun gun on the back of his leg to arrest him, all the time pointing a rifle at his 15-year-old daughter's head as she sat on a bedroom floor. At the time, Wotton became one of 17 defendants, all males, charged in the Palm Island riots and was alleged to be the riot ringleader. At the Townsville Magistrate Court on 29 November, Lex Patrick Wotton was charged with "arson (two counts), serious assault on police (three counts), wilful damage and riot causing damage."
Out on bail
Despite the strict bail conditions, three days later Wotton attended a protest march through Townsville and laid flowers on the steps of the north Queensland city's police station in memory of Doomadgee. Wotton was being hailed a hero even before Doomadgee's sister put her arms around Wotton's neck on 9 December, saying "you're my warrior". After a subsequent court hearing, Wotton was allowed to return home to Palm Island in early May 2005.
In November 2006, four months before his trial where he faced life imprisonment, Wotton become one of six people nominated to run for mayor of the North Queensland
North Queensland
North Queensland or the Northern Region is the northern part of the state of Queensland in Australia. Queensland is a massive state, larger than most countries, and the tropical northern part of it has been historically remote and undeveloped, resulting in a distinctive regional character and...
Aboriginal community in a December by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
. However, one day before the election, the Supreme Court of Queensland
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...
ruled Wotton ineligible to be mayor since the Local Government Act 1993 disqualifies people from elected office in Queensland if they are an undischarged bankrupt and Wotton had previously been bankrupt.
The trial
In February 2007, Wotton was granted a separate trial from his co-accused in the Brisbane District Court since the allegations in the prosecution case against the other co-accused were prejudicial to Wotton's case. Wotton then pleaded guilty to the charge of rioting. In late March, after Wotton had already applied to withdraw his guilty plea on the advice of his legal representatives (including his then barrister Marcus Einfeld), Wotton's co-accused were acquitted by a jury of rioting causing destruction. Wotton's application to withdraw his plea was granted by Nase DCJ on 26 April 2007. A few days later, Wotton was released on bail with strict conditions and ordered to return in April 2008 to be tried.As Wotton waited for his trial, a man mistaken for being Wotton in September 2007 was attacked from behind while at a urinal in the Rising Sun Hotel. In addition to having his wrist bone shattered and jaw bone fractured, the attackers caused him internal bleeding, head and facial injuries and bruised ribs.
After several delays, Wotton's trial began on 6 October 2008 in the District Court
District Court of Queensland
The District Court of Queensland is a court in Queensland, a state of Australia. It has jurisdiction to hear:* appeals from decisions of the Magistrates' Court of Queensland;...
in Brisbane. 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. Fourteen days later, Wotton was sentenced to seven years in prison, reduced to six years for time already served. His family has no plans to appeal the sentence.
Protest against Lex Wotton's charge and sentencing
On 1 November 2009 about 250 protesters in Brisbane who expressed anger at Lex Wotton's sentencing. The same week, similar rallies took place in major Australian cities and in Wellington, New Zealand. MUA workers in Sydney observed one minute's silence in solidarity. Speakers at a Brisbane rallyargued that Lex Wotton should have been given a bravery award for what they saw as standing up to the racist oppression of Palm Islanders. Benefit concerts also held in support of him.Release from Jail
On 19 July 2010 after spending two years in Jail, Lex Wotton was released from a Townsville prison and placed on parole. There are strict conditions surrounding his release. He was to return to Palm Island at the end of the week but was to first have some minor medical treatment.Gag order & High Court appeal
On the day of his release, Lex Wotton was prohibited by law from speaking to reporters. As a condition of his parole, Wotton is subject to a gag orderGag order
A gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...
, which means he cannot speak to the media or attend public meetings without prior approval. Gracelyn Smallwood of the Indigenous Human Rights Committee believes it is designed to muzzle the truth. Terry O'Gorman
Terry O'Gorman
Terry O'Gorman is the president of the Australian Council for Civil Liberties. He is also a lawyer.-Early years:He was one of 15 children raised in a Catholic family. The upringing could be described as right wing. When he was a university student during the Bjelke Petersen rule, he became aware of...
, President of the Australian Council For Civil Liberties
Australian Council for Civil Liberties
The Australian Council for Civil Liberties is a Civil Liberties group based in Australia. The president of this organisation is currently Terry O'Gorman who is also the vice president of the Queensland Council for Civil Liberties....
, has called it 'obnoxious'. Stewart Levitt, the director of the Black and White Justice Foundation remarked that it was unusual for a public spokesman and former politician to be prohibited from a public meeting. As well as welcoming Wotton back home, Alf Lacey, the mayor of Palm Island, commented that the conditions were excessive.
Wotton has appealed the constitutionality of his parole conditions to the High Court of Australia. The Australian constitution contains an implied right of political communication, as is necessary in a representative democracy, plus rights to freedom of association and assembly. The case was heard by the High Court in August 2010, where Wotton was represented by Ron Merkel QC, assisted by Kristen Walker, Alistair Pound and Ben Schokman.