Federal Court rejects stolen generation claims Source: AAP|Published: Friday August 11, 3:06 PM A Federal Court judge today rejected compensation claims by two members of the stolen generation, forcibly taken from their families as young children. The claims were brought by Lorna Cubillo, 62, and Peter Gunner, 53. The ruling is a big setback for 700 other claimants who have lodged writs, and thousands more who say they were forcibly removed under a government policy that lasted until the 1960s. Justice Maurice O'Loughlin's decision on the emotionally charged issue was broadcast live from Darwin's Federal Court on television, radio and the Internet. Justice O'Loughlin stressed that his decision was not about the broader issue of the stolen generation or any apology for the former government policy. The judge said he accepted that Ms Cubillo was "viciously assaulted" by a missionary in a white institution and that she was very unhappy. But the judge said there was no evidence about why government officials took her from her traditional Aboriginal family. "We know Ms Cubillo was removed but we do not know why," Justice O'Loughlin said. In the case of Mr Gunner, the judge said there was evidence that his mother put her thumb print on a document approving his removal. "I have concluded that Peter went to St Mary's (a white institution) at his mother's request," the judge said. Ms Cubillo was taken from her traditional Aboriginal country near Tennant Creek in the Northern Territory in 1947 and later suffered brutality in a white institution. She was aged seven or eight when taken away. Her grandmother had tried to use soot to blacken her skin to try to stop the authorities taking her away, the court heard. The government's policy concerned removal of children of mixed race. Mr Gunner was taken from his traditional homelands at Utopia outside Alice Springs in 1956, aged seven or eight years, the judge was told. Mr Gunner also was abused in the white institution he was placed in, and was left feeling like a caged animal, the court heard. Outside court, lawyers for the pair said they would examine the judgment with a view to a possible appeal to the full federal court. Ms Cubillo and Mr Gunner had sued the Commonwealth for for the trauma, distress and continued isolation from the cultural and spiritual lives of their Aboriginal mothers. The pair also had sought punitive damages against the Commonwealth, awarded when the court thinks the actions of a defendant require punishment by extra damages. The case started just over a year ago and has sat for 107 days in Adelaide, Perth, Townsville, Darwin, Tennant Creek, Alice Springs and Melbourne, with 60 witnesses. The High Court already has ruled that legislation used to remove Aboriginal children was not unconstitutional. The claim by Ms Cubillo and Mr Gunner is based on a claim that the actions of government officers exceeded the legislation, motivated by a racist desire to biologically assimilate children taken into white society. -- ********************************** 'Click' to protect the rainforest: Make the Rainforest Site your homepage! http://www.therainforestsite.com/ ********************************** ------------------------------------------------------ RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." RecOzNet2 is archived for members @ http://www.mail-archive.com/recoznet2%40paradigm4.com.au/
