National Indigenous Working Group on Native Title

LANDMARK HIGH COURT GENOCIDE CASE

Robert Alan Thorpe, plaintiff, will explain and analyse Justice Michael Kirby's decision to have the case heard in Melbourne at 10am on Wednesday 21st May 1997 -- 4 days before the Government's first National Aboriginal Reconciliation Convention--together with Kerrupjmara Elder Mrs Edna Brown (founder of the Victorian Aboriginal Funeral Fund and long-time Community Health Worker).

Press Releases
COURTYARD OF THE HIGH COURT OF AUSTRALIA
CANBERRA

2.30 PM
TUESDAY 29 APRIL 1997

"In the claim, we say that the Government has already admitted pre-meditated criminal genocide. We want the Government to present this Aboriginal sovereignty case in the World Court" says Mr Thorpe, a first year law student at the University of Melbourne.

"Let the Government justify its occupation of our land and its violation of our law, the law of the land of the original peoples of this land, to the International Community. Let's see if it's telling the truth about our rights. We reckon the World Court will say we have a lot more rights than the Australian Government does. Then we can all have meaningful negotiations for genuine consent with duress, undue influence or misrepresentation as to our true legal rights. We say the Constitution Act itself is an 'act of genocide' within the meaning of the UN Genocide Convention. Read the writ. Read the statement of claim."

If the Government fails in its attempts to have this case dismissed before any evidence is called, then it will have to formally admit or deny on the court record the allegations of genocide. And then produce documents for "discovery" and further answer the plaintiff's questions ("interrogatories"). The defendant's five representatives at Court today include Helen Neville, Senior Legal Adviser, Prime Minister's Department and David Bennett, Constitutional Unit of the Attorney-Generalšs Department.


Click here for a full transcript of the hearing