Trial of Lex Wotton

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 November 26, 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 November 19, 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 1,000 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.^[1] 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.^[2] 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.^[3] 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 3-1/2 years he was on the council, the body did not achieve one long-term success.^[4]

Palm Island Jetty

Wotton, a plumber by trade,^[5] 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."^[6] 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.^[7] At the end of March, Wotton was one of eight candidates for the new Palm Island Community Council.^[8]

On Friday, November 19, 2004, 36-year-old Palm Island resident Cameron Doomadgee was arrested for public drunkenness and died in police custody a few hours later.^[9] The coroner's report was released on Friday, November 26 and read to a community meeting.^[9] After the meeting goers learned 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.^[9] In a Friday interview with the The Courier-Mail, 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.^[9] 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.^[9]

Before his Courier-Mail newspaper interview was delivered to the public and in response to Wotton's actions during the riot,^[5] 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.^[5] At the time, Wotton became one of 17 defendants, all males, charged in the Palm Island riots and was alleged to be the riot ring leader.^[10] At the Townsville Magistrate Court on Monday, November 29, Lex Patrick Wotton was charged with "arson (two counts), serious assault on police (three counts), wilful damage and riot causing damage."^[10]

Lex Wotton was prevented from returning to his home on Palm Island (outlined in red) for five months after the 2004 riots.

On December 6th, Wotton was released on bail, in part due to being characterized as a "leader and saviour" for the Palm Island community.^[11] The bail conditions required Wotton to return to court on March 10, 2007, and restricted Wotton's movements, particularly focusing on preventing his attending Doomadgee's funeral and returning to the north Queensland island.^[11]

Despite the strict bail conditions, three days later Wotton attended a protest march through Townsville^[12] and laid flowers on the steps of the north Queensland city's police station in memory of Doomadgee.^[12] Wotton was being hailed a hero even before Doomadgee's sister put her arms around Wotton's neck on December 9th saying "you're my warrior".^[13] After a subsequent court hearing, Wotton was allowed to return home to Palm Island in early May 2005.^[14]

In November 2006, four months before his trial where he faced life imprisonment,^[15] Wotton become one of six people nominated to run for mayor of the North Queensland Aboriginal community in a December by-election.^[16] 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.^[17][18]

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.^[19] Wotton then pled guilty to the charge of rioting.^[20] In late March, Wotton's co-accused were acquitted by a jury of rioting causing destruction, causing Wotton to withdraw his guilty plea on the advice of his attorney, Australian Marcus Einfeld.^[21] After two months of legal maneuvering, Wotton was allowed to withdraw his guilty plea.^[22] A few days later, Wotton was released on bail with strict conditions and ordered to return in April 2008 to be tried.^[23][24]

As Wotton waited for his trial, a man was mistaken for being Wotton in September 2007 and attacked from behind while at a urinal in the Rising Sun Hotel.^[25] 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.^[25]

After several delays, the trial of Wotton began on October 6, 2008, in the District Court in Brisbane.^[26] The trial lasted eighteen days, with the jury on October 24 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.^[27] Fourteen days later, Wotton was sentenced to seven years in prison,^[28] reduced to six years for time already served.^[29] His family has no plans to appeal the sentence.^[30]