By Kim Bullimore
CANBERRA — Aboriginal elder Wadjularbinna Nulyarimma from the Gungalidda people and three other Aboriginal applicants have filed a motion with the ACT Supreme Court asking that John Howard, Tim Fischer, Pauline Hanson and Brian Harradine be charged with crimes of genocide.
Nulyarimma, Isabell Coe (Wiradjuri people), Billy Craigie (Kamilaroi people) and Robert Thorpe (Booran people) charge that Australia has failed to meet its obligations under the 1949 Genocide Convention and that common law has been breached.
The charges, originally filed with the ACT Magistrates Court on July 3, indited Howard and Fischer with committing an act of genocide by attempting to destroy the Gungalidda, Wiradjuri and other Aboriginal people by causing serious mental harm through the passing of the Native Title Amendment Act on July 1.
Howard and Fischer were also indited for an attempted act of genocide by imposing conditions of life intended to destroy the Gungalidda, Wiradjuri and other Aboriginal people, causing serious mental harm and directly and publicly inciting genocide between February 1997 and July 1998.
Hanson was indited for deliberately and publicly inciting genocide amongst individuals and groups in her electorate of Oxley, Queensland, and around Australia.
The application also included the motion that Harradine be charged with committing acts of complicity to genocide and attempted genocide by Howard and Fischer.
Nulyarimma told the court she had been a "victim of genocide [policies] from birth", having been taken from her mother as a child and sent to a "concentration camp" to live. She asked how Howard and Hanson could say that the pendulum had swung to far in favour of Aboriginal people when we all live in a society in which Aborigines and poor white people are treated terribly.
Nulyarimma said: "This is not a political stunt; this is a cry to get someone to listen. I have come to a foreign court to plead mercy for my people ... the acts of genocide are continuing in every piece of legislation they are making for us."
Supporting evidence was given by others, including by Clarrie Isaacs on behalf of the circle of elders from the Nyungar people.
After hearing two hours of evidence, Justice Ken Crisp instructed that the case be held over so the defence could make its application.
Outside the court, Nulyarimma and Coe said they had not expected to be heard by the court since their earlier applications had been turned down by the Magistrates Court registrar.