Hurley 6747

1799 - Two Aboriginal boys killed near Windsor by five Hawkesbury settlers. A court martial found them guilty but referred sentencing to the Secretary of State for Colonies and the men were released on bail. Governor Hunter is recalled. Acting-Governor King is instructed to pardon the men.

1805, July 20 - The colony's Judge-Advocate, Richard Atkins when referring to whether or not Aborigines could be witnesses or criminals before a court stated that Aborigines "are at present incapable of being brought before a criminal court - and that the only mode at present when they deserve it, is to pursue them and inflict such punishment as they merit".

1838, June 10 - The “Myall Creek Massacre” occurs. Twelve heavily armed colonists rounded up and brutally kill 28 Aborigines from a group of 40 or 50 people gathered at Henry Dangar's Station, at Myall Creek. The massacre was believed to be a payback for the killing of several hut keepers and two shepherds. But most of those killed were women and children and good relations existed between the Aboriginal people and European occupants of the station. November 15, 1838, 11 Europeans were charged with murder but are acquitted. A new trial is held and seven men are charged with murder of one Aboriginal child. They are found guilty and hanged in December.

We’ve just had a brief look at the 18th and 19th century rapport, or lack thereof, between Indigenous Australians and the judicial system - now let’s peer through the window, via reference, in part, to John Pilger’s 1989 publication A Secret Country, and have a look at a similar relationship picture in the 20th century and see if conditions have improved.

You be the judge!

1981, June 12 - Eddie Murray was drinking under a tree with his cousins Donny and some friends. Eddie was arrested at 1.45pm and taken to Wee Waa police station. He was held under the Intoxicated Persons Act, a law used overwhelmingly against Aborigines. Within the hour he was dead, strangled with a blanket in his cell, his feet on the ground.

At the inquest five months later the police claimed Eddie had killed himself by hanging, even though his blood alcohol level at the time of death was 0.3 per cent. Under cross examination, the police agreed that Eddie was “so drunk he couldn’t scratch himself”. Yet according to them, Eddie had managed to tear a strip off a thick prison blanket, deftly fold it, thread it through the bars of the ventilation window, tie two knots, fashion a noose and hang himself without his feet leaving the ground.

One policeman gave evidence that he had been off duty that day, then admitted he had lied when four Aboriginal witnesses identified him as one of those in the police van that took Eddie away.

The inquest was also told about serious discrepancies in police notebooks, with dates appearing out of sequence and an absence of records altogether, except for a highly detailed record of events of June 12: the day of Eddie’s arrest and death.

The coroner found that Eddie Murray had died “at the hands of person or persons unknown”. He said there was no evidence that Eddie had taken his own life and he strongly criticised the police. And that was that.

For a more personalised insight into this disturbing case read Simon Luckhurst’s recent publication Eddie’s Country (Magabala 2006) as presented through the eyes of Eddie’s parents; Arthur and Leila Murray

1983, September 28 - John Pat, aged 17, died in Roebourne, Western Australia. He had gone to the aid of a friend who was involved in a fight with five off-duty policemen. Witnesses at the inquest said they had seen him kicked in the head after he had lost consciousness, “like a dog”.