Here is the legal response from Leonard Lindon Counsel assisting Mr
Buzzacott pro bono publico to WMC's eviction notice.
For further legal information please contact Mr Lindon, contact details below.
_________________________________________
For background information go to: www.come.to/lakeeyre
_________________________________________
Thursday 15 June 2000
TO:
Deputy Commissioner Neil McKenzie, South Australia Police Force
1 Angas St, Adelaide SA 5000
via fax 8410 3144
cc
Superintendent Kim Boxall, Northern Command
Snr Sgt Howard Davies, Field Commander, Operation Helium
via fax 8671 0817 (Port Augusta Police Station)
Officer in Charge, Leigh Creek police station via hand delivery
Tony Wainwright, Police Complaints Authority
Attorney-General's Department of South Australia
via fax 8226 8674
Ian Burgess, WMC Chairman
Hugh Morgan, WMC CEO
via WMC solicitors Allens (Finlaysons, Adelaide)
attention John Shortt-Smith via email [EMAIL PROTECTED]
The State of South Australia
c/o Attorney-General Hon T Griffin MLA
via email [EMAIL PROTECTED]
re: The Crime of Genocide
1. Yesterday, Wednesday 14 June 2000, an Australian citizen named Richard
Yeeles purported to act in his capacity as WMC Divisional
Manager--Corporate and Environmental Affairs and delivered a document to
Kevin Buzzacott, Arabunna, which purported to evict the Going Home Camp at
Lake Eyre. Please refer to the document headed Media Release set out below.
2. As you know, this camp has been authorised and established by Mr
Buzzacott, who has not given any permission to Mr Yeeles nor to any other
WMC employees and contractors or the SA Police or other SA government
officials to interfere in any way with this camp (including people and
facilities at the camp).
3. No document evidencing such permission has been produced by Mr Yeeles
(because none exists) and Mr Yeeles does not allege any verbal or indirect
permission from Mr Buzzacott (because none has been given).
4. In fact, as you know, Mr Buzzacott has on several occasions (the most
recent being at the WMC AGM in Sydney in April this year) served upon WMC
notice to quit Arabunna land.
5. As you further know, legal proceedings in which Mr Buzzacott, acting in
a representative capacity for Arabunna, has sought an injunction commanding
WMC to quit Arabunna land on the basis that key individuals associated with
WMC are committing acts of genocide against Arabunna. A constitutional
notice has been served on all Australian Attorneys-General in this matter
and an application filed in the High Court of Australia (A 19 of 2000, 8
June) to remove the proceedings from the Supreme Court of South Australia.
This application may be heard by the High Court on 4 August at Canberra.
Please refer to the documents below, being Memo to AGs, Constitutional
Notice, proposed amended statement of claim and written submissions of Counsel.
6. This is an extremely serious matter with significant consequences. For
example, processes have been commenced in Victoria for the removal of Prof.
A E Clarke as Lieutenant-Governor of Victoria because Prof. Clarke is
alleged in the proposed amended statement of claim to be complicit in acts
of genocide against Arabunna. See the final document below, being a letter
before action on this matter to the State of Victoria dated 12 June 2000.
7. You should be aware that legal submissions to the Senate Inquiry into
the Anti-Genocide Bill 1999, Cth, by the Law Council of Australia, the
Victorian Council for Civil Liberties and others (including solicitor
Andrew Mitchell from the Melbourne office of Allens (Arthur Robinson
Hedderwicks) suggest that genocide has been a crime in Australia since the
1950s. These submissions propose that the Anti-Genocide Act apply
retrospectively to this date.
8. If this is so, then there is a very serious question as to the failure
of the SA Police to investigate and charge with the crime of genocide those
individuals already named by Mr Buzzacott to police on numerous occasions -
including Richard Yeeles and David Stokes of WMC.
9. There is no need for WMC to now seek to close down the Going Home Camp
and it is preempting heavy legal issues that are yet to be decided. It is
aggravating the circumstances of the alleged acts of genocide already
committed and it may yet be held to be a further act of genocide in itself.
Note that genocide denial is a criminal offence in Germany and is being
urged for Australia as well.
10. Accordingly, an undertaking in writing is sought from Mr Burgess, WMC
Chairman, and Mr Morgan, WMC CEO, that no further action will be taken on
this matter until after 4 August. Such an undertaking should be in
affidavit form and filed in both SASC No 356/1999 and HCA A19/2000 by 4pm
on Friday 16 June 2000.
11. A further similar undertaking is requested from the SA Police, together
with an assurance that
(i) the Going Home Camp will be protected from any further interference by
WMC or SA Police;
(ii) the previous interferences will be investigated and charges prepared;
(iii) the previous allegations of genocide will be investigated properly
and expeditiously and charges prepared; and
(iv) the Peace Walk, on which Mr Buzzacott is currently embarked (since 10
June 2000) will be protected from any interference in the same way and to
the same standard as the Olympic Flame relay is being protected.
12. The genocide investigations should include investigations of the role
and activities of Premier Olsen, Deputy Premier Kerin and Attorney-General
Griffin. These individuals are still subject to the law and it is no part
of their official governmental duties to commit acts of genocide (including
complicity, conspiracy and incitement to genocide).
13. It is noteworthy that when a barrister attended at Beverly Uranium Mine
on Saturday May 2000, there was an intimidating array of police including a
police airplane, police horses, starforce and so-called police
"negotiators"-- but no police lawyers. No Crown lawyers were present
either. The events of the previous Tuesday (as well as incidents both
before and after this) are, as you well know, the subject of an ongoing
Internal Investigations Branch investigation for report to the Police
Complaints Authority.
14. It is incumbent on law-enforcement officials to know the law they are
attempting to enforce. The law here is (at the least) neither clear nor
certain here until the High Court rules on 4 August. The police must not be
a party to the bullying and intimidating practices of WMC-- WMC is not
above the law either, and it is no part of the duties of WMC employees to
commit acts of genocide.
15. Please refer to the letter before action dated 8 June to Commissioner
McKenzie and the subsequent fax on the same date of the statement by Mr
Buzzacott about inteference directed by WMC in the person of Mick McKenzie
and others.
signed Leonard Lindon
Counsel assisting Mr Buzzacott pro bono publico
L J Lindon, Barrister & Human Rights Defender
List L, 555 Lonsdale St, Melbourne VIC 3000
fax 03 9601 6464 mobile 1413 025 927
email [EMAIL PROTECTED]
cc Robert Thorpe, Director, Aboriginal Genocide Litigation Resources
email [EMAIL PROTECTED]
______________________________________________
GENOCIDE CLAIM
=
[
D R A F T ]
KEVIN BUZZACOTT
Plaintiff
v
IAN BURGESS,
HUGH MORGAN,
RICHARD YEELES,
DAVID STOKES,
WMC,
ADRIENNE CLARK & THE OTHER DIRECTORS OF WMC,
THE MAJOR SHAREHOLDERS OF WMC, and
SIR ARVI PARVO
Defendants 1-8
STATEMENT OF CLAIM
ARABUNNA
1. The plaintiff, Kevin Buzzacott, is an Arabunna man and is properly
authorised by Arabunna under Arabunna law to bring these proceedings on
behalf of Arabunna.
2. Arabunna are a nation and are recognised as such by all other Aboriginal
Nations within the continent now known as Australia and by other Indigenous
Peoples in other continents and places around the world.
3. Arabunna are also "an ethnical, racial and religious group" within the
meaning of the schedule to the Genocide Convention Act as enacted in 1949
by the Parliament of the Commonwealth of Australia.
WMC DEFENDANTS
4. WMC (defendant 5) is a global corporation in the business of uranium
mining and purports to comply with international law and international
standards and international best practices applying to Indigenous Peoples.
5. WMC has a Board of Directors (including Adrienne Clark) and Major
Shareholders (defendants 6 and 7 respectively).
6. WMC founder and original owner Sir Arvi Parvo (defendant 8) was
Chairman of WMC until 1999.
7. The other defendants are WMC personnel as follows:
(1) Ian Burgess (defendant 1) is the current chairman of WMC and has
consistently refused to meet with Arabunna over genocide claims despite
several requests including most recently September 1999 (at Roxby Downs), =
in
November and December 1999 (at Marree and Adelaide) and in January and
February 2000 (at Adelaide).
(2) Hugh Morgan (defendant 2) is the current long-serving Chief Executive
Officer of WMC and signed the schedule to the Roxby Downs Indenture Act
which authorised the Roxby Downs uranium mine.
(3) Richard Yeeles (defendant 3) is currently SA Operations Manager of WMC
and previously was instrumental in his work as a =B3fixer=B2 for SA right =
wing
governments in the passage of the Roxby Downs Indenture Act and the
subsequent Amendment Act (and then left the SA government to work for WMC =
in
SA).
(4) David Stokes (defendant 4) is currently employed by WMC to liase with
and =B3manage=B2 relations with the Arabunna and other adjacent Aboriginal
Nations to ensure that they do not be seen to stand together to oppose the
Roxby Downs uranium mine.
WMC URANIUM MINING OPERATION
8. The defendants operate a uranium mine at Roxby Downs aka Olympic Dam in
the north of South Australia.
9. The minesite drilling and excavation of the ore and the mining operatio=
n
(processing the ore) at the minesite require huge amounts of water in orde=
r
to function.
10. The real cost of operation of the uranium mine (and therefore the real
cost of the uranium produced) would be vastly increased if WMC had to obta=
in
water from non-Arabunna Land and Waters. Part of this cost would involve t=
he
complex negotiations with many landowners in other directions and public
calls for a higher price for the water (and/or restrictions on water usage=
)
because of the increased visibility of the huge water usage of the mining
operation.
11. Because the essential role of water in the operation of a mine is not
widely appreciated (as opposed to digging and excavating the ore), WMC hav=
e
deliberately opted for reasons of both long and short term costs to
take water =B3quietly=B2 from Arabunna lands whilst at all times knowing a=
nd
ensuring that Arabunna had and have no effective way to stop this.
ACT OF GENOCIDE: CAUSING SERIOUS MENTAL HARM
12. The defendants have caused, are currently causing and will-- unless
restrained by this Honourable Court -- continue to cause serious mental ha=
rm
to Arabunna.
PARTICULARS OF SERIOUS MENTAL HARM
(1) THE MINE SITE: THE MINE SHAFTS AND THE ORE
By drilling (for ore for the mine) into the eye and belly of the lizard ma=
n,
a sacred and special place to several Aboriginal Nations including Arabunn=
a,
and further by moving (excavating the ore), the WMC defendants have
committed an unspeakable and heinous breach of the Law with serious
consequences for such a disturbance. The knowledge of this breach as well =
as
the general denial of, disrespect for and destruction of the Law itself
(through destruction of special places) is causing serious mental harm to
Arabunna and other Aboriginal Nations. The added anxiety as to the end use=
s
of uranium and its effects on other peoples in other countries also
contributes to this apprehended harm. (As to whether the defendants knew =
of
or otherwise intended to cause such harm, see below at paragraph of thi=
s
Statement of Claim). The serious mental harm is exacerbated for the
plaintiff as he feels himself forced to break the Law (by talking publicly
about the lizard business) in order to save the Law (to stop further
destruction).
(2) THE MINING OPERATION: THE WATER TO PROCESS THE ORE
By sinking bores (for water for the mine to process the ore) into Arabunna
places on Arabunna lands, and further by moving (piping the water to the
minesite), the WMC defendants have committed a similarly serious breach of
the law with similarly grave consequences. The drying up of the sacred Mou=
nd
Springs is both further gross destruction and proof of the seriousness of
the initial breach of the intrusion and the taking the sprits of Arabunna
ancestors (the water). All these acts, separately and cumulatively, cause
serious mental harm to Arabunna.
THE DEFENDANTS=B9 INTENT TO DESTROY ARABUNNA
13. The defendants committed, are currently committing and will-- unless
restrained by this Honourable Court-- continue to commit the said act of
genocide (=B3causing serious mental harm to Arabunna=B2) and the further a=
ct of
genocide set out below in paragraph 14 with =B3intent to destroy=B2 (withi=
n the
meaning of the term in the said Schedule to the GCA).
PARTICULARS OF DESTRUCTIVE INTENT
(1) Knowingly grossly disturbing special places to Arabunna and other
Original Peoples of the Land
(2) Knowingly grossly breaching both Arabunna Law and Aboriginal Law in
common by such disturbance.
(3) Deliberately failing and refusing to seek the consent of Arabunna
authorised properly under Arabunna Law to such disturbances and breaches,
and
(4) Knowing that no such consent could or would be given, deliberately usi=
ng
money and other bribes to =B3divide and rule=B2 to ensure that Arabunna sh=
ould
not be seen by non-Indigenous Australians to be opposed to the minesite an=
d
the mining operation.
(5) It is and was at all material times reasonably forseeable that the
drilling and excavating at the minesite and the boresinking and piping of
water for the mining operation would cause serious mental harm to Arabunna=
.
(6) And see paragraphs 9, 10 and 11 above for particulars corroborating th=
is
destructive intent.
ACT OF GENOCIDE: DESTRUCTIVE LIVING CONDITIONS IMPOSED
14. The defendants have deliberately imposed, are imposing and will-- unle=
ss
restrained by this Honourable Court -- continue to impose conditions of li=
fe
likely to bring about the physical destruction of Arabunna in whole and in
part.
PARTICULARS OF SUCH LIVING CONDITIONS
(a) the commission of, and denial of, continuing acts of genocide (see
paragraph 8 above: causing serious mental harm)
(b) the usurpation of and denial of Arabunna Law (=B3sovereignty=B2)
(c) the physical destruction of Arabunna can be witnessed at any Arabunna
camp
(d) further particulars of Arabunna living conditions are well known to th=
e
defendants and will be supplied in documented form shortly
RELIEF SOUGHT: INJUNCTION
15. A mandatory injunction, both interim and permanent, compelling the
defendants, their servants or agents or otherwise howsoever, forthwith to
turn off the bores on Arabunna Land supplying the water to the mining
operation and to remove all their pipes and other equipment as directed by
the plaintiff from Arabunna lands.
16. Damages.
17. Costs
Master Kelly,
11am, Tuesday 11 April 2000
Court 11
SA Supreme Court No. 356/99: Buzzacott v Morgan
________________________________________________________________
___________
The Hon. S. P. Bracks, MP
Premier of Victoria
The Hon. J. W. Thwaites, MP
Deputy Premier of Victoria
The Hon. J. M.Brumby, MP
Treasurer of Victoria
The Hon. M. E. Delahunty, MP
Minister for Education of the State of Victoria
The Hon. K. G. Hamilton, MP
Minister for Aboriginal Affairs of the State of Victoria
The Hon. R. J. Hulls, MP
Attorney-General of Victoria
cc:
The Governor of Victoria
His Excellency the Honourable Sir JAMES AUGUSTINE GOBBO, AC
Senator Jim McKiernan
Chairman, Senate Legal and Constitutional References Committee
Parliament of Australia
Monday 12 June 2000
Dear Members of the Parliament of Victoria (as adressed above),
The Lieutenant-Governor
Professor ADRIENNE E. CLARKE
Professor Clarke is named as a defendant in a claim of genocide by Kevin
Buzzacott, Arabunna. This matter is now before the High Court of Australia=
.
REMOVAL FROM OFFICE
Following decisions of the Parliament of Victoria on 31 May 2000 (per the
Premier) and of the Magistrates Court of Victoria on 8 June 2000 (per Chie=
f
Magistrate Adams QC), it is now inappropriate for Professor Clarke
to retain the office of Lt-Governor of Victoria.
CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA
A copy of the notice of a constitutional matter dated 6 June 2000 in
proceedings in the High Court of Australia numbered A19 of 2000 between
Kevin Buzzacott and Hugh Morgan has been forwarded to all Attorneys-Genera=
l
of Australia (as required by the Judiciary Act). Professor Clarke is named=
as a
defendant in the related proceedings in the Supreme Court of South Austral=
ia in
the proposed amended statement of claim dated 11 April 2000 (No. 356 of 19=
99,
Hugh Morgan ats Kevin Buzzacott, Arabunna: see s 40 removal application).
NOTICE OF THE ABORIGINAL GENOCIDE CLAIMS AGAINST CLARKE
Professor Clarke has already received notice of the allegations from WMC
solicitors, Allens/Finlaysons, and was present as a Director of WMC at the=
April
2000 WMC AGM in Sydney when Kevin Buzzacott, Arabunna, notified the
shareholders of the genocide claim. Professor Clark was also present at th=
e 1999
WMC AGM in Melbourne when L J Lindon of the Victorian Bar, Counsel assisti=
ng
Kevin Buzzacott pro bono publico, notified shareholders of similar genocid=
e claims
against WMC CEO Hugh Morgan.
ABORIGINAL GENOCIDE CLAIMS AGAINST FORMER PREMIER KENNETT
Please refer to the letter also dated 13 June 2000 to the Parliament and
Governor of Victoria concerning allegations of Aboriginal genocide against
Jeffrey G. Kennett (a former office-holder of the State of Victoria--
namely, Premier of Victoria).
VICTORIA TO APPEAR IN ABORIGINAL GENOCIDE CASE
The Attorney-General of Victoria is requested to file a notice of appearan=
ce
in A19 of 2000 forthwith and to appear in person at the hearing in the Hig=
h
Court in Canberra on 4 August 2000.
NOTICE OF FOREIGN CASES AGAINST THE ABORIGINAL GENOCIDE
It is further requested that a copy of this email/letter be tabled forthwi=
th
in the Parliament of Victoria. Which is hereby notified that a copy of thi=
s
email/letter will be tendered in any futureproceedings in the Internationa=
l Court
of Justice or in the superior courts of record of any UN Member States or=
in the
European Court of Justice or associated tribunals. And that anylegal proce=
edings
available in those jurisdictions shall be commenced forthwith without furt=
her
notice to the Parliament or people of Victoria.
Yours sincerely,
[signed: Leonard Lindon]
L J Lindon,
Barrister & Human Rights Defender [EMAIL PROTECTED]
Counsel, www.AboriginalGenocide.com.au
Aboriginal Genocide Litigation Resources
Director: Robert Thorpe [EMAIL PROTECTED]
_______________________________
THIS MESSAGE BROUGHT TO YOU BY:
________________________________________________________
Keepers of Lake Eyre, in South Australia:
Web: www.come.to/lakeeyre Email: [EMAIL PROTECTED]
Tel: (08) 8340 4401 / (08) 8232 8595 / Fax. (08) 8232 2490
Post: C/- Conservation Council, 120 Wakefield St, Adelaide, S.A. 5000
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