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11
August 2000 "STOLEN GENERATIONS RULING" |
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Lorna Cubillo
and Peter Gunner were separated from their families and placed in institutions.
The separations were carried out under the Commonwealth's Aboriginal Ordinance,
which was put in place in 1918 and existed for almost 40 years.
The two applicants
are seeking compensation for loss of family and culture.
At 2.42 AEST,
Friday August 11 2000, the Federal Court in Darwin handed down what is
likely to be a landmark decision regarding the Stolen Generations. Justice
O'Loughlan announced:
"As
the result of my findings, each of the claims that have been made by Mrs
Cubillo and by Mr Gunner must be dismissed".
Federal Court Justice Morris O'Loughlan.
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"The
importance of documentation"
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The
outcome realised is that the preparation and delivery of documentation'
will play a far more crucial role in future cases.
I
was attracted to the 'butterfly' effect of documentation lying in both
directions, either way it got away.
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There were
several
documents including thumbprint documentation accepted as evidence that
proved Peter Gunner's mother gave approval. Accordingly, Peter was taken
lawfully.
There was
lack
of documentation for Lorna Cubillo as to "why" she was taken, but without
documentation Justice O'Loughlan could not assume further. Justice O'Loughlan
said, "The obligation was on Mrs Cubillo to
satisy the court that the director had failed to act in accordance with
the provisions of Section 6".
Justice Morris
O'Loughlan also stated, "I accepted Mrs Cubillo's
evidence, that she was viciously assaulted, by a missionary of the staff
of the home".
Justice O'Loughlan
also said, "I accepted his evidence that he
was the victim of a sexual assault by one of the missionaries".
Ref:
Federal Court Darwin broadcast 'live' ABC Television Friday August 11 2000
at 2.30pm
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"The
importance of accountability"
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Was
there written evidence or witnesses for Justice O'Loughlan to accept these
assaults?
And
as wards of state, is not the government liable or accountable to 'care'
for them?
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Kim Beazley
said, "Not good enough, this has got to change."
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UPDATE
REPORT 24 August 2000"A Turning Point!" |
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Landmark announcements
from our former Prime
Minister
Malcolm Frazer
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"There was a
racist policy that aborigines
or part aborigines
were to be assimulated,
mingled with whites
or bred out"
said Malcolm Frazer
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Malcolm Frazer
"...
the basic objective
was
therefore not achieved"
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In answer
to my question:
"And
as wards of state, is not the government liable or accountable to 'care'
for them?" the former Prime Minister
of Australia Malcolm Frazer addressed the question of care and responsibility
of the government [this
Thursday 24th of August on the 7.30 Report ABC]
saying,
"The purpose of
it was for the child to be given a good education in a decent environment
and brought up in western ways. I believe that, many of the institutions
in which these mixed blood people were put were inadequate, the teachers
did not have proper qualifications and that the basic objective was therefore
not achieved in a great number of cases. I think the duty of care should
have extended to make sure that the institutions were themselves run properly"
Malcolm Frazer has outdone
himself this evening with the most eloquent speech. A speech that could
have only come from a profound realisation - possibly resulting
after a journey of questioning the values and traditions of his own culture,
to arrive and accept the unspoken truths, and re-state them for the world
to hear. That there was a hidden agenda, a planned dilution solution of
the black problem... to divide absorb and conquer.
Acknowledgement of the true
'hidden' story - speaking openly of the underlying Australian government
policies - with quotes and references of law in support - I suggest Malcolm
Frazer crossed the 'point of no return' - and shifted the last cornerstone
of the old regime, giving me the feeling the remaining political walls
days are numbered.
It was a humbling speech.
For me, it's not a matter
of 'sorry' anymore for the Stolen Generation, it has gone way beyond that
-- there needs to be completion otherwise there will be no rest. We can
thank Johnny Howard for being so stubborn that Malcolm had to dig up the
'other' story only to return with a real heart stopper on the eve of the
Olympic Games.
Bringing
the story into the light
will
go towards healing the wounds of the past,
and
restore the true heart of this nation...
as
I like to see it, Uluru.
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John
Zulaikha |
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LINKS
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For
the full story: here!
[ABC
7.30 Report]
For
the latest news: here!
[ABC
Lateline]
If
you have Real Player then you can look and see it all: here!
View
this mult-list of stories: here!
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