Controversial Appointment Reopens Community Trauma
The Queensland government has been criticised for appointing Darren Robinson, a former police detective involved in the 2004 Palm Island riots, to the state’s Legal Aid board. First Nations community leaders and legal professionals say the decision has "opened old wounds" and reignited trauma within the Indigenous community.
Last month, the Liberal National Party government replaced all Labor-appointed members of the Legal Aid Queensland board. Attorney General Deb Frecklington appointed Robinson, a Townsville-based lawyer and former police officer, to the board.
Robinson was identified in federal court documents as a "principal antagonist" in the events surrounding the death in custody of Mulrunji Doomadgee in 2004 and the subsequent Palm Island riots.
“It’s opened up a lot of raw wounds and brought back a lot of trauma,”
said Aunty Gracelyn Smallwood, a Birrigubba, Kalkadoon and South Sea Islander woman present on Palm Island during the riots. She added,
“I’m very surprised that the premier would let those appointments go ahead, when the premier would be very aware of the case, and if not, his advisers need to bring it to his attention.
“If people read the transcripts, they too would be very surprised about the appointment.”
In 2004, then Senior Sergeant Robinson was a friend of Christopher Hurley, the officer accused and later acquitted of manslaughter in the death of Mulrunji Doomadgee while in Palm Island police custody.
Robinson had investigated a prior complaint from a Palm Island community member regarding Hurley, concluding the complaint was "fictitious." An inquest later described Robinson’s investigation as "superficial, biased and misleading," finding his conclusion "dishonest and flew in the face of objective evidence."
Robinson was part of the police team sent to Palm Island to investigate the death in custody. Following the riots, he accompanied armed, balaclava-clad tactical police officers as they entered homes searching for suspects.
In 2015, during a federal court civil case that found the police treatment of Palm Island residents discriminatory, community member Jucinta Barry made allegations against Robinson. While Robinson has not responded directly to these claims, it is understood he denies them.
Justice Mortimer found that Robinson conveyed "speculative, stereotyped and generalised suspicions" about Palm Island residents to other police officers. The judgment stated the inference was "plainly open" that Robinson "well knew there was no real danger" posed by residents whose homes were searched by the heavily armed tactical squad.
“In truth there was no real danger and this was a deliberate, but unnecessary, show of force by the QPS, and an inappropriate exercise in subjugation,” the ruling said.
Justice Mortimer also described Robinson’s conduct during the interrogation of children of community member Lex Wotton as amounting to "harassment."
Questions Raised Over Government’s Judgment
The death of Mulrunji Doomadgee in police custody and the subsequent riots remain a significant cultural and social issue in Queensland. Several senior police officers publicly supported Christopher Hurley during the events.
The Crime and Misconduct Commission investigated the case, and police responses were scrutinised. Robinson was awarded the Queensland Police Valour Award for his actions on Palm Island.
Given this background, critics argue that Robinson’s appointment to the Legal Aid board is particularly divisive and raises serious questions about the government’s decision-making. Across Australia, more than 9% of legal aid clients are First Nations people, a figure likely higher in Queensland due to its larger Indigenous population and their overrepresentation in the criminal justice system.
Terry O’Gorman, vice-president of the Queensland Council for Civil Liberties, stated that the inquest findings and recommendations for Robinson’s discipline should automatically disqualify him from any government position, especially one on the Legal Aid Board, which influences funding policies for Indigenous people, including funding for complaints against police.
Attorney General Deb Frecklington did not directly answer questions regarding her prior knowledge of Robinson’s involvement in the Palm Island events. Robinson’s LinkedIn profile lists legal roles held since 2013 but omits mention of his police career.
Frecklington defended the appointment, saying,
“Legal Aid Queensland is a critically important institution, working tirelessly to meet the diverse needs of disadvantaged Queenslanders and to deliver access to justice.
“It will be further strengthened by Mr Robinson’s extensive experience working with rural and remote communities, including many Indigenous and vulnerable persons, bringing both deep expertise and a genuine understanding of those most in need.”
Hannah McGlade, a Noongar woman, lawyer, and academic, commented,
“We need to see Aboriginal people appointed to Legal Aid boards in Queensland and also across the country.”
Robinson was contacted and offered the opportunity to provide comment.
An aerial view of the township on Palm Island off the coast of Townsville in north Queensland. Photograph: AAP
