By Jo Ellis and Robert Milne
DARWIN — The play Tuckiar's Trial was performed in Darwin's now unused Fannie Bay Gaol on May 19 and 20. It was presented by the Criminal Lawyers Association.
There are many stories that could be told about Fannie Bay Gaol; this play tells the story of Dhakiyara Wirrpanda (anglicised as Tuckiar). Tuckiar was a Yolgnu man who, in 1934, was charged with the killing of Albert Stewart McColl, a Northern Territory police constable.
McColl was killed on Woodah Island (near Groote Eylandt) where he was part of a police patrol investigating other killings. He was speared in the chest in circumstances that involved the questioning (and handcuffing) of several Aboriginal women, including Djaparri (one of Tuckiar's wives). Tuckiar was transported to Darwin, and then arrested and charged with the murder.
The trial of Tuckiar was unfair. The prosecution called few witnesses and did not call any of the Aboriginal women or the two trackers who were the only others present at the camp when McColl died.
The trial called as a witness a tracker named Paddy, who also acted as an interpreter for Tuckiar during the trial. However, another interpreter gave very different evidence from Paddy, saying Tuckiar had confessed to killing McColl because McColl had been "interfering with" Djaparri.
The trial was more about protecting the dead man's reputation than deciding whether there was evidence to convict Tuckiar of murder. Despite this, Tuckiar was found guilty and sentenced to death.
A High Court appeal succeeded in having the conviction quashed, but Tuckiar never returned home. He disappeared shortly after his release from Fannie Bay Gaol amidst rumours that he was killed by Paddy or one of the police constables.