For this DPP, it's no time for a party

AT any other time it would have marked the pinnacle of Queensland DPP Leanne Clare's controversial career - a celebration in Canberra with some of the best legal minds in Australia after she was awarded silk.

AT any other time it would have marked the pinnacle of Queensland DPP Leanne Clare's controversial career - a celebration in Canberra with some of the best legal minds in Australia after she was awarded silk.

But for the embattled Director of Public Prosecutions, the timing of the High Court ceremony could not have been worse.

As Ms Clare, whose tenure has been marred by flawed top-level decisions, visited Canberra and rejected calls for her resignation, an outside team of lawyers worked in Brisbane on a case she had refused to run - the prosecution of Senior Sergeant Chris Hurley over the manslaughter of Mulrunji Doomadgee. Doomadgee died from massive internal injuries he suffered after coming into contact with Sergeant Hurley in Palm Island's police station in November 2004.

Asked last night if she was considering her future as DPP as a result of the Beattie Government's rejection of her decision, Ms Clare was defiant. "No, of course not. Why would I?"

Earlier in the day, welcoming the new group of select barristers being promoted to senior counsel, including senator George Brandis who will become a minister today, High Court Chief Justice Murray Gleeson said the appointments were not an entitlement for long service or a reward for tenacity.

"It is a recognition of the professional standing of those whose learning, skill and ability have come to be regarded by the relevant appointing authority as warranting such a distinction," he said.

"You now occupy a position of leadership in your profession, and your conduct will be taken as an example by others."

Senior prosecutors in Ms Clare's office yesterday backed her decision not to resign, telling The Australian she may yet be vindicated for deciding there was insufficient evidence to mount a prosecution against Sergeant Hurley. Laurence Street, the former chief justice of NSW, concluded last week in a review ordered by the Beattie Government that a prosecution should be launched.

Indigenous leader Noel Pearson said on Friday that had Sir Laurence not provided an independent opinion "the incompetence of the people running the Queensland justice system would have run its normal course".

The case against Sergeant Hurley will revolve around medical evidence that the injuries suffered by Doomadgee, 36, were probably caused by a knee during either a fall or a subsequent physical assault, senior sources revealed yesterday.

But the case will also prove professionally embarrassing for Deputy Coroner Christine Clements, who made a finding - against strong medical evidence and the testimony of witnesses - that Doomadgee was killed as a result of punches by Sergeant Hurley. This theory was completely discarded by Sir Laurence in the review he performed for Attorney-General Kerry Shine, sources said.

The confidential findings of the Street review sided with the opinion of Ms Clare that Doomadgee died because of injuries he suffered in a fall, with Sergeant Hurley landing on top.

The Weekend Australian reported last month that Ms Clements misunderstood the evidence and produced a flawed finding.

But while Ms Clare concluded the fall was an accident and that a jury would not convict Sergeant Hurley because there was insufficient evidence, the prosecution now being mounted will attempt to persuade a jury that the fatal injury was deliberately inflicted.

Mr Shine confirmed yesterday that Peter Davis SC, who assisted Sir Laurence Street throughout his review, would lead the prosecution of Sergeant Hurley. Mr Davis will be assisted by junior counsel Jonathan Horton and David Kent.

"They will have to advise me on that issue first and that will then determine the other - of the timing of the trial and where it will be held, Townsville or Brisbane," Mr Shine said.

"Once proceedings are instituted, either party can apply to have the trial transferred, but I have not given that matter any consideration.

"I will be guided by my advisers as to what they think is the fairest and most efficient way of dealing with the matter."

Mr Davis said: "The terms of the indictment have been settled and arrangements are being made to present it. It has to be presented in the Supreme Court in Townsville, sooner rather than later. The obligation on the Crown is to do justice to Sergeant Hurley and the community. The Crown's position is that there will not be a committal proceeding and there will be no injustice."

The Queensland Police Union said yesterday that its members would hold mass meetings throughout the state today to consider calls for industrial action, including the proposed withdrawal of protection for cabinet ministers and the booking of fewer motorists for traffic offences.