Mabo (2012)

1. The Mabo ruling is set to cause uproar

2. with claims it could lead to a form of apartheid.

3. Mabo continued to dominate national debate this week.

4. The economic and political future of Australia has been put at risk

5. and our territorial integrity is under threat.

6. Mabo establishes a fundamental truth and lays the basis for justice.

7. They wanna exile you off the island for a year.

8. Told 'em I could offer you a better alternative.

9. Stay on the island, come work on my green truck.

10. What?

11. With all them poor fellas?

12. Carting garbage off the streets for not a red penny?

13. No, no, no, no. Not Koiki Mabo.

14. You got the wrong fella, Mr Killoran.

15. How does it work, Eddie?

16. The Act. Remind me.

17. The Aboriginal and Torres Strait Islander Protection Act.

18. What does it mean?

19. Protection.

20. You're too young, too hot-headed, and I protect you from yourself.

21. I'll go to the mainland.

22. Work on the railways out west.

23. They pay real money there.

24. But will you?

25. You gotta pass the railway medical first,

26. and you got a bad eye.

27. I'm not working as a slave.

28. Then go and say goodbye to Benny and Maiga.

29. Eddie Mabo?

30. That's me, missus.

31. You're here for the Railways medical, yes?

32. That's right. We'll do the eye test first.

33. Come this way, please.

34. "Dear Mum and Dad,

35. "I'm keeping out of mischief.

36. "Sometimes it's so hot I can only manage cornflakes.

37. "I spend most nights sleeping on top of the water tank.

38. "Only place you can get a bit of breeze out here.

39. "The weather is still hot and dry.

40. "I think it's gonna be dry until the end of the world."

41. And you got the Hornibrooks site there at Marathon siding.

42. You got blokes out there working double shifts.

43. You know? And there's all kinds of garbage going on with the safety.

44. Mate, these blokes, they are hot to trot.

45. Now, most of the guys up there, they're 20% blacks.

46. And they're all Islander blokes.

47. Well, righto - that means we need to have

48. a serious recruitment drive among the blacks.

49. What's your name, mate?

50. Eddie Mabo.

51. Eddie.

52. Now, I'm assuming you're here

53. 'cause you wanna know what the union can do for you, correct?

54. Yeah, that's right.

55. Works two ways, Eddie.

56. Now, we help you blokes by helping our own,

57. and, uh, vicky versa.

58. You with me?

59. I think I've got a fair idea of what you're going on about.

60. Well, that's good to hear, Eddie.

61. Hey. Huh? What?

62. "Dear Dad, There's a lot more fellas coming from the islands now.

63. "I've been joining them up to the union

64. "to make sure that we get a fair go."

65. - Your shout, eh? - Yeah, my shout. My shout.

66. Righto. We'll have five.

67. You! Out the back.

68. Oh, come on, mate!

69. So, how many was it? Four?

70. Bit rough.

71. Definitely. Definitely, boys.

72. I'll come back. Wait here.

73. Hey, girls!

74. Come say g'day!

75. Oi! Netta, come on. What you doing?

76. I don't wanna get up there again.

77. Can I help you? Are you looking for someone?

78. Young girl, blue bow.

79. Netta? Netta.

80. Yes, Netta.

81. Oh, can I, um...

82. Oh, do you want to talk to her? Yeah. Please.

83. Just a minute.

84. Netta, there's a gentleman...

85. Netta.

86. It's Bonita, actually.

87. That's a pretty name.

88. That's what it means in Spanish.

89. What?

90. 'Pretty' in Spanish.

91. In Spanish...?

92. Um, but people call me Netta.

93. I'm Koiki.

94. Whitefellas name Eddie, but it's Koiki for real.

95. Koiki. Sounds cheeky.

96. Cheeky Koiki.

97. Cheeky Koiki.

98. That's, um...

99. I like that.

100. So, why didn't you say g'day when I called out before?

101. You was in the pub. I thought you might have been drunk. I don't like drink.

102. No. Me too.

103. I mean, you gotta be sociable, but...

104. ..no.

105. Not at all.

106. So... you stopping in town?

107. Maybe I can walk you home... later.

108. Uh, I'd better go with my sister.

109. Yeah. Suit yourself.

110. How dare you bring that devil's filth in here?

111. Is that drink?

112. You know the drill.

113. Empty your pockets.

114. "Jardine Valley siding, September 1959.

115. "Dear Bonita,

116. "I'm writing to you because I feel I must owe you an apology

117. "for my behaviour at your cousin's wedding.

118. "It was the fartherest thing from my mind to show any disrespect

119. "or to cause any offence to you or to your family,

120. "all of whom I wish only the very best.

121. "Yours sincerely, Eddie Koiki Mabo."

122. "Lamp. Lampoon.

123. "Lance. Lancet. Land."

124. PMG delivery.

125. Now, where's that reading getting you, eh?

126. Blackfella job, that's all you're gonna get!

127. What, you gonna be prime minister next, are ya?

128. Eddie Mabo.

129. Davy Mabo.

130. "Dear Koiki,

131. "Thank you for your letter.

132. "I've spoken to my mother,

133. "and she says it would be quite alright for you to continue to write to me.

134. "It has been a very nice winter here at Halifax

135. "and now we are just beginning to see the first of the cane flowers,

136. "which are very nice, except they give my nanna asthma."

137. "Dear Bonita,

138. "You know, I felt very downhearted when I left you.

139. "I wonder, how did you feel at that moment?"

140. "You have been in my thoughts since your letter arrived."

141. "I think of you every day."

142. "I wonder if you might like to visit us."

143. ".. and I'm looking forward to seeing you."

144. "Can't wait till you arrive."

145. We also welcome Koiki into this family.

146. And, Lord, keep him safe and bless him, in Jesus' mighty name.

147. - Amen. - Amen.

148. This looks beautiful.

149. I made the rice.

150. Did not. I helped.

151. You first.

152. I grated the sweet potato too.

153. This octopus here called Malo.

154. And him travel through rain, wind and storm.

155. And finally, him land on Murray Island.

156. Oh? Mmm!

157. OK, enough now. You two scoot.

158. Hurry up! Yeah, scoot! Quick!

159. Wait for me!

160. I'm gonna take you to Murray one day.

161. That sounds alright.

162. The weather's coming in.

163. On Murray, we've all got our own wind.

164. When you feel it on your cheek,

165. you know your ancestors are there.

166. This wind here,

167. we call it 'sager'.

168. It's my wind.

169. Oh, yeah. Another thing too.

170. The winds love magic.

171. If you love someone, you stand in the breeze

172. and the wind will take your scent to them.

173. And they love you back?

174. They love you back.

175. "She's not from Murray,

176. "but she's willing to come back.

177. "We've got a plan, her and me.

178. "Get some money, get a bit of savings behind us.

179. "We'll be coming back for sure, Mum.

180. "For sure we'll be coming back."

181. That's the eye of the dugong there, look. Now, that's a sacred place.

182. Can you draw?

183. I clean up your mess!

184. Oh, big deal anyway! It's my money. I earnt it!

185. Oh, when are we actually gonna get money for food?

186. Hey, they're at it again. It's getting worse.

187. Go check on them.

188. It's my house! No, it's not!

189. Hey!

190. You think you can punch me, you bastard?

191. Hey, hey, hey! Go! Go.

192. I'm sick of this place! We all homesick, brother.

193. I'm sick of being me!

194. Well, who you wanna be, huh? Who you wanna be?

195. Mr Whitefella Hornibrook?

196. I wanna be you, reading your dictionary,

197. talking in the union,

198. talking big words I never even heard of!

199. You gotta settle down, brother. No!

200. All them say it on the railway.

201. "Koiki's the one."

202. You alright?

203. Hey, you listen to me, brother.

204. You the only mate I got out here.

205. You don't bloody go down.

206. Don't you go down.

207. Eddie! What?

208. He's full of kerosene! He swallowed kerosene!

209. Quick as you can, get him to drink milk! It'll ease the burning.

210. Get an ambulance. Get an ambulance!

211. Doesn't seem to have actually swallowed much,

212. but his throat and the top of his oesophagus are badly burned.

213. I'd like to keep him in here for a couple of hours.

214. After that, if he's alright, you can take him home tonight.

215. But the train don't leave till 3 o'clock in the morning.

216. Get the train tomorrow. Get a cheap hotel tonight, eh?

217. OK.

218. No rooms.

219. They reckon it's full.

220. Oh, what?

221. He swallowed kerosene.

222. We need to stop for the night, go to Jardine tomorrow.

223. Just tonight. Just the night.

224. I'm sorry, love, but we're filled to overflowing tonight.

225. You haven't even got one room?

226. Look, we can make do with a single.

227. I'd help you out if I could, but...

228. Course you would.

229. One stinkin' room.

230. One miserable, stinkin' room.

231. What, they think we're gonna leave our black skin on their bloody sheets?

232. I don't wanna stay here, Netta.

233. I don't wanna raise him up in this place.

234. Oi, Eddie!

235. You going to union meeting this arvo? Yeah, I'll be there!

236. I'll see you there then, mate.

237. Next meeting, there's a couple of things I wanna raise,

238. to skilling up some of the Island boys.

239. Oh, yeah? Well, if you wanna raise stuff, mate, do it yourself.

240. You've got a voice, haven't ya?

241. Hey, pots of XXXXs. Two, four, six, thanks, mate.

242. Five.

243. No, six. Six, mate.

244. Come on, mate. What, you can't read, brother?

245. I'm sorry to hear that.

246. Mate, it's not me. It's the law.

247. Netta! Norma.

248. Um, Eddie's not back from work yet.

249. He said they've got a union meeting.

250. Would you mind minding the kids while I go to work?

251. They've had their tea.

252. No worries, love. I'll bring mine in.

253. They're asleep.

254. Where's Eddie?

255. I don't know, Netta. He didn't come home.

256. He didn't call? Nothing.

257. Netta?

258. Where the bloomin' heck have you been?

259. Oh. Hi, Norma.

260. In the lock-up.

261. Oh, don't bull me. Or Norma.

262. She's been sitting up there with the kids all night.

263. Thanks.

264. You been out grogging with the communists?

265. I never had a drop.

266. I've been in the lock-up. Here, look.

267. Here's the papers. Read.

268. Oh, Koiki. What have you done now?

269. Hey, you fellas gonna include me in the joke?

270. No joke, mate. They reckon, up in the office, you're the Vietcong.

271. I quit.

272. You did what?

273. I told them to stick their job.

274. They cut my pay, they put me on the shore with a stinkin' sledgehammer.

275. That's what you get for mixing with communists.

276. It's not against the law to be in the union.

277. It's not against the law to be black.

278. You've already been in the bloomin' lock-up, Koiki.

279. What's gonna happen next?

280. Get another job, lose that one?

281. All over town, you'll be known as a communist, and then what?

282. I'm not a communist.

283. And even if I was, they're the only ones

284. who wanna do anything for black causes.

285. Black causes. Now I've heard everything.

286. People like us, we can't afford to be trouble-makers.

287. Netta!

288. People like us have no choice but to be trouble-makers.

289. 'Cause if we don't...

290. .. we don't have any pride left.

291. I'll give you stinkin' pride!

292. You've got three kids, stupid man!

293. Fourth on the way.

294. Healthy, happy kids. What more do you want?

295. Kids gotta be fed, gotta have clothes on their back.

296. How many prawns I gotta pack, huh?

297. How many stinkin' prawns, in the middle of the night,

298. standing there like a... like a bloomin' flamingo?

299. Coming home on that pushbike, 2 o'clock in the morning,

300. coming home to an empty house 'cause my old man's in the lock-up?

301. I'm not having it, Koiki. I'm just not... I'm not bloomin' having it.

302. For pity's sake, woman.

303. If you don't stop mixing with those commos,

304. I'm leaving you.

305. And I'm taking the kids.

306. That idiot girl the other day

307. served all the white people before you.

308. And what did you do?

309. I told her to ring it up, and I told her I didn't want it no more.

310. She was wild, was she?

311. She was wild.

312. I've been talking to some people

313. in the Aboriginal Advancement League in Cairns.

314. They reckon I should start up a branch down here.

315. The Waterside Workers, they say they'd support it.

316. We've gotta get together.

317. That's how the union get things done. They get together.

318. They lobby, they fundraise,

319. and they fight to make things better.

320. Well, how you reckon we're gonna do all this, eh?

321. Make all this stuff better. Any way we can.

322. We set up a housing co-op.

323. Schools for black kids.

324. We walk round the streets with leaflets.

325. Organise dances for blackfellas to raise money.

326. And we march with the unions on May Day.

327. Right under the government's nose.

328. That's right.

329. And what kinda havoc will this dancin' and leaflettin' and marchin'

330. gonna play on my varicose veins, eh, Koiki Mabo?

331. We are here to stay, we are here to fight.

332. Irrespective of what we may do,

333. they don't care whether we would lay down our lives.

334. I sincerely hope that those who have been plotting violence and disorder

335. will understand that their intentions are lone

336. and that they will not be tolerated by the government.

337. What do they say is wrong with you that they can't serve you?

338. Well, they just say, "We don't serve Aboriginal people."

339. And they don't give you any reason.

340. Just say,"We don't serve Aboriginal people," and that's it.

341. And are Aboriginals allowed to go into the theatre?

342. Yes, they go in via that door over there.

343. And sit in a separate section? Yes.

344. Do you know who that is?

345. Oh, that's Eddie. He's the gardener.

346. That's his favourite spot.

347. Hello there. G'day.

348. Have I seen you in the library?

349. You may have.

350. There's no law against that, is there?

351. Just unusual to see a gardener in the library.

352. You mean it's unusual to see a blackfella in the library.

353. Uh, no... Oh, let's... let's start again.

354. I teach Aboriginal history and anthropology.

355. I just saw you reading like a man transfixed

356. and I wondered what you were looking at.

357. A bloke called Haddon. The Cambridge expedition, 1898.

358. What did you make of it?

359. He's got bits of it right.

360. Most of it's rubbish.

361. Something we both agree on. We do?

362. Noel Loos.

363. Eddie Mabo.

364. Eddie Mabo, Henry Reynolds. Henry writes a lot about Aboriginal history.

365. So, you have an interest in Indigenous issues?

366. Where do you want to start?

367. I mean, the Indigenous housing co-op, I'm the chairman.

368. The black community school, I'm the headmaster.

369. Hell of a job getting that going, I tell you.

370. It's not an easy path, Eddie, the road of the activist.

371. Never has been, but...

372. ..in a climate like this, with Joh in government, it's even worse.

373. Special Branch have got files on

374. everyone who ever attended a demonstration in this state.

375. They'll know every move you make and who you make it with.

376. And they will find a way to silence you.

377. What more can they do to me that hasn't already been done?

378. I've lost jobs. I've been in the stinkin' lock-up.

379. What more can they do?

380. I love this song.

381. You're a drop-of-the-hat sook, darlin'.

382. A drop-of-the-hat sook.

383. Henry wants you to stop, doesn't he?

384. I can't stop, Netta.

385. I might as well curl up and die right now.

386. I can't stop.

387. I know, darling.

388. I know.

389. And then you pull it all together.

390. You see this bottom one?

391. Don't forget tomorrow's homework.

392. Come on!

393. Taxi's in. All aboard!

394. Eddie, boy! You stay here with Mum, eh?

395. Netta, I'll drop this last mob off and then I'll come back, eh?

396. OK! Come on.

397. OK. Watch your legs there.

398. Hey, kids, settle down. Put your bags behind now.

399. Come on.

400. Last one in's a rotten egg!

401. Move, move, move!

402. Koiki Mabo.

403. Netta. You've forgotten what today is, haven't you?

404. What's today? Anniversary.

405. No! It's not!

406. The school has been running for exactly 200 days.

407. Gotcha.

408. Oh, well! We oughta celebrate.

409. Get some of that pink lemonade, eh?

410. Sop sop yams.

411. Maybe cake with icing.

412. Mmm.

413. Mabo household.

414. Koiki! Mum.

415. How long is it again?

416. It's 12 hours in the boat from here to Murray, darling.

417. Oi, you lot! Don't get wet. We're going soon.

418. Oh, no, no. This can't be right. What's it say?

419. "April 11. Permission not granted yourself and party to visit Murray Island."

420. Give me a pen. Quick. Quick, quick!

421. Wait, yeah? Turn around.

422. They've been doing this to me since I was 19 years old.

423. Who? Who's doing this?

424. Killoran. The council. All of them.

425. Koiki...

426. It's just cruel what they did, Killoran and the council.

427. They just didn't deny me.

428. The b's denied my father.

429. They made him die without being able to look his son in the eye

430. and fulfil tradition.

431. Got this plan of one day going back up,

432. setting up my shack up there

433. once the kids have done their schooling...

434. .. and live the old, traditional way.

435. Eddie, you know the land's not technically yours.

436. Legally, I mean, the government owns it.

437. Well, if they own it,

438. they can take it away.

439. Technically, yes. They can regazette it as... whatever they like.

440. This can't be right.

441. We've been farming on that place since before you mob set foot on that land.

442. We hand it down from father to son.

443. How can we not own it?

444. We're not just another bunch of Aborigines

445. chucked off their lands and shoved into dormitories.

446. What about our law?

447. What about Meriam law?

448. I own that land.

449. I own that land as much as we own this house.

450. I can prove it five generations at least.

451. If anyone tries to tell me that I don't own that land,

452. I'm gonna walk into Killoran's office with a shotgun.

453. I'm a Piaderem man.

454. My ancestry come from Las. That's my land.

455. And that's the sitting place of Malo.

456. So you reckon you own the land

457. because some giant octopus said you do?

458. My people were on those islands for 16 generations.

459. You think some whitefella sticking a Union Jack in the sand

460. wipes out 16 generations?

461. What happened then, after Malo named the eight clans?

462. He taught us the law. And what's Malo's law?

463. Malo tag mauki mauki.

464. Malo keeps his hands to himself. He does not touch what is not his.

465. Malo tag mauki mauki. Teter mauki mauki.

466. He does not let his feet carry him to someone else's land.

467. Malo tag tupamait tupamait. Teter tupamait tupamait.

468. He does not wander from the path.

469. He walks on tiptoe, silent and careful,

470. leaving no signs that this is the way he took.

471. Good boy.

472. The Yirrkala claim failed because Justice Blackburn didn't accept

473. that a nomadic people could demonstrate

474. any traditional property right

475. that could be recognised by Anglo-Australian law.

476. He also believed that the Yolngu's links were overtaken

477. when the land was settled by a, quote,

478. "more virile and industrious nation".

479. Correct me if I'm wrong, Barbara,

480. but I think it's been pretty clear to a number of us for a while now

481. that it might be time to revisit the land rights issue.

482. The High Court found in favour of a form of native title in PNG.

483. They could well be open to it here.

484. To our Indigenous friends, we say this -

485. now is your time.

486. You couldn't find more "virile and industrious" people than us.

487. We've been farming the land since time immemorial.

488. We've never left it.

489. We've got a system of land ownership and inheritance.

490. We cultivate the land.

491. The links are - what did you say? - active and unbroken.

492. We can't lose.

493. Well, we need an actual plaintiff.

494. Me. Me.

495. All of us.

496. I'm taking the government to court.

497. Dad! You're taking the government to court?

498. Not just one government, two governments.

499. I'm gonna make history.

500. I am the son of Benny Mabo.

501. I'm a Meriam man from the Piadram clan.

502. I'm a descendant of the Aiet and the zogo le

503. and I'm gonna make history.

504. Auntie? Auntie Celuia? Koiki.

505. Hello.

506. I'm taking the government to court to get our land.

507. Huh?

508. It's a secret, mind, a big secret.

509. I need your help.

510. OK, yeah.

511. Yeah, OK.

512. Ron?

513. Ron, it's Greg Mclntyre from the Aboriginal Legal Service in Cairns.

514. Look, Barb Hocking and I

515. are putting together a case that you might be interested in.

516. Go on.

517. We'll both be in.

518. And the Passi brothers, Sam and Dave.

519. Wa.

520. Wa.

521. Eddie Mabo in Townsville.

522. He wants to run a land rights claim in the Torres Strait.

523. There's no money in it, of course. You interested?

524. Is this the one, do you think?

525. You're gonna have to think very carefully, Bryan.

526. It'll pretty much shape the rest of your career.

527. It'll dictate the kind of briefs you're offered,

528. but more importantly, the ones you're not -

529. the big mining companies,

530. pastoralists, probably the government...

531. Yeah, I think I probably would've worked that one out.

532. Well, now I've said all that,

533. yes, I think this might be the one.

534. Good morning. Department of Aboriginal Affairs.

535. Director's office.

536. Meryl, I'm gonna need the premier's office.

537. I'll need Joh.

538. It's a clever, snide way of getting something for nothing.

539. They have nothing to contribute

540. and then they expect to get a lot out of it -

541. the royalties out of the uranium mines and the value of the land...

542. All I want to say is they are not Aboriginal people

543. and they are getting away with what you might term murder

544. in the sense that they are climbing on the backs...

545. Bryan Keon-Cohen.

546. Are you the one running this Mabo case?

547. It's 11:30 at night.

548. Are you running the Mabo case or not?

549. Yes, yes. Who is this?

550. My name's Morgan. I'm a Labor backbencher in Queensland.

551. But listen, I haven't got much time.

552. The division's about to start.

553. Basically Bjelke wants to kill off this Mabo thing.

554. It's called the Queensland Coast Islands Declaratory Act.

555. It retrospectively extinguishes all native title on the Torres islands

556. from the time of white settlement.

557. They can't do that, can they?

558. This is Queensland, mate. They already have.

559. It's up for final reading tonight

560. and there's not a damn thing we can do to stop it.

561. The land laws governing islands in the Torres Strait

562. were changed overnight.

563. The Bjelke Government introduced radical legislation

564. intended to head off land rights claims in the region.

565. And as MPs got to their feet...

566. Netta!

567. I'm trying to watch the news here!

568. They did it in such a way

569. that they broke every rule in the book as regards standing orders.

570. It's a marathon session.

571. It's... it's unprecedented and I think it's uncalled for.

572. Netta!

573. Netta! What?

574. Where's my good shirt? It's there.

575. The other good shirt!

576. It's in the wash.

577. I'm going to Melbourne. I've gotta meet with the lawyers.

578. Bjelke's passed down a law to kill us off.

579. What? Well, what about work?

580. Can't keep ringing in saying that you're sick all the time.

581. How am I gonna go to work when all of this is going on, woman?

582. Use your brains.

583. You can't keep flying around the country like this.

584. How are we gonna pay for it?

585. Where's the other shirt?

586. One good shirt's as good as another good shirt.

587. It's not. I wanted that one.

588. What's the matter with you?

589. I've been laying out your clothes every day of your life for 21 years.

590. I even put that bloomin' tie clip there.

591. And now you decide you want a different shirt?

592. It's white! This one's sort of cream.

593. So?

594. It makes me look blacker. I wanna look black.

595. You are black!

596. I'm gonna meet my lawyers and I wanna look black.

597. Oh, darling...

598. This is big, hey?

599. Well, basically, the Coast Islands Declaratory Act

600. is designed to knock us out of the ring.

601. They said as much on the floor of parliament.

602. Bjelke's doing this because they're scared.

603. They know I've got a case and I could win.

604. Well, we can challenge the Bjelke law in the High Court,

605. but that would be a separate case to the land claim.

606. In the meantime, I think we should proceed with the land claim

607. and see where it gets us

608. on the understanding that ultimately

609. we're gonna have to knock out the Bjelke law

610. or the Mabo claim can't win.

611. Proceed with the land claim case.

612. In that case, I'm gonna need you to sign this.

613. Impecunious?

614. Yeah, it means, um... It means 'have little or no money'.

615. Yeah.

616. It's the legal aid application.

617. The case is broke.

618. Dependant spouse?

619. Yes.

620. Number of dependant children? How old?

621. Under 16. Three.

622. When were you dismissed?

623. I've never been dismissed in my life.

624. I'm running a legal case against the government.

625. I mean, I can't work at the moment 'cause I have to concentrate on...

626. It'll be six weeks before your next payment.

627. Rental assistance - contact the Department of Housing.

628. If you need emergency assistance during that time,

629. then contact the Salvation Army.

630. Read the booklet on compliance obligations.

631. Thank you.

632. In a historic first, the Supreme Court of Queensland

633. is due to hear evidence in the Torres Straits this week.

634. The controversial case led by a group of Murray lslanders

635. is challenging the right...

636. Look, there's Dad! It's Dad!

637. Handsome devil. Ohh!

638. Shh, shh.

639. Eddie is pursuing two goals.

640. One - he wants to get back there

641. and own a very large proportion of Mer Island,

642. and he wants to use that as a springboard

643. and a springboard for power.

644. I don't think he should be trying to take land off the local people

645. by an action run by European lawyers

646. funded by the public taxpayer from his home in Townsville.

647. Say g'day to Murray Island, darl.

648. G'day, Murray.

649. Oh, Lord. Captain Cook's arrived all over again.

650. We ask that you send a most wonderful blessing upon this food

651. that we may receive strength both physically and spiritually

652. and bring us all into everlasting life

653. through Christ our lord and saviour.

654. Amen.

655. Shut up!

656. It is perhaps apposite that I remark

657. that this is a historic occasion

658. since it is the first sitting

659. of the Supreme Court of Queensland on Murray Island.

660. Sitting here helps me to understand

661. the evidence concerning Murray Island people and its culture

662. and most importantly

663. it allows the people of Murray Island to participate to a degree

664. in the process of justice

665. that's being worked out in these proceedings.

666. Your name is Jack Wailu?

667. Yes.

668. Koiki, we have looked at your nomination for council

669. and we can't accept it.

670. Why? Because you don't live here.

671. You haven't lived here for nearly 30 years.

672. But I'm moving back.

673. When I win this land rights claim, I'm moving back.

674. Koiki, what happens if you don't win?

675. I will win it!

676. We will win.

677. It's to get rid of terra nullius.

678. A lot has changed in 30 years, Koiki.

679. Terra nullius hasn't,

680. and also the fact that I am descended from Aiet of Las

681. with a direct line to zogo le of Malo.

682. What's the matter with you people?

683. This is the most important thing

684. that will happen to this island in 200 years.

685. Everybody sees it. Why can't you?

686. What we see is that while you have been down south

687. doing all your troublemaking and all your agitating,

688. we have been trying year in and year out

689. to get a decent deal with Paddy Killoran.

690. You have been permitted to address the island council,

691. the elected island council.

692. You have addressed it. Thank you.

693. They had rocks in their heads back then.

694. They've still got rocks in their heads.

695. Oi!

696. Dave Passi said you claimed 36 plots of land,

697. on the other one claimed 9.

698. Hey, I'm only claiming what's mine by inheritance.

699. Our people say you're Aiet. You're not even blood staying here!

700. You're not taking my land. Oh! Hey!

701. It's not about your land or my land, you bloody idiot! It's about people.

702. Hey! Stop it right now, you two!

703. Behave like grown-ups!

704. Koiki, I'm leaving!

705. OK, we're gonna flush out all the family history stuff first,

706. steal their thunder.

707. Are you OK with that?

708. We'll call them up in the next few days and...

709. Don't look now, but they've got us surrounded.

710. All rise.

711. This honourable court is now in session.

712. Justice Moynihan presiding. Please be seated.

713. Yes!

714. You wanted to see me, Mr Killoran?

715. Georgie boy, yes, take a seat.

716. Now, your brothers are involved

717. in this Eddie Mabo business, aren't they - Sam and David?

718. Yes, sir.

719. Very, very, very silly boys.

720. Joh's been hurt by this, badly hurt,

721. and the way he sees it - and I've gotta agree -

722. is he got you blackfellas out from under the act,

723. and how'd you pay him back?

724. Turned around and spit in his face with all this land rights nonsense.

725. It won't end well at all.

726. There's extra funding for the school,

727. a lot of houses up there need painting...

728. I've been fighting to get this for Murray, but now...

729. Eddie Mabo is a smooth-talker. Always was.

730. But he can't win the case.

731. And do you know what happens when you lose a case like this, Georgie?

732. You get costs awarded against you.

733. And Mabo's gone and got himself a Melbourne silk.

734. That's right. A bunch of Melbourne highfalutin lawyers.

735. They don't come cheap, Georgie.

736. I'd like to present this document to the witness.

737. Does the document in fact

738. record your name as Edward Mabo, as a labourer,

739. you were aged 23 years when you were married,

740. born on 29 June 1936, on Murray Island in Queensland

741. and your father's name was Benny Mabo?

742. Are these matters accurate? Yes.

743. And your mother's Christian name was Maiga?

744. Yes.

745. Was that in fact your biological mother?

746. No.

747. Who was the person Benny Mabo? He was my maternal uncle.

748. Who was your real biological father?

749. My biological father was Robert Zezou Sambo.

750. Shortly after your birth, you were taken to the family of Benny Mabo?

751. Yes.

752. Now have you lived with that family ever since

753. in terms of your life on the island?

754. Yes.

755. I have been with the Mabos all my life.

756. I just got a call from a solicitor in Cairns.

757. Sam and David Passi have withdrawn from the case.

758. They've been got at.

759. It's the government. It's Killoran.

760. We don't know that.

761. I should've known this would happen!

762. So that leaves us with you, Eddie, and James Rice as plaintiffs.

763. We can make it work.

764. Hey!

765. Am I see-through or what?

766. Do you know why Eric Lui wanted to speak to you

767. about that particular plot of land?

768. Because he knew that I was the actual owner of that place.

769. How did he know that?

770. Your Honour, I object to all of that.

771. First of all, I object to Mr Mabo's assertion that he was the owner.

772. Secondly, I object to the assumption made by the question then asked

773. that Mr Mabo is indeed the owner.

774. Do... do you claim to be the owner of that land?

775. Yes.

776. Do you know whether Eric Lui has any knowledge of that?

777. Yes. How do you know that?

778. Because my father told him that Kebi Saurem was my land.

779. I object to the whole of the response.

780. It's nothing but hearsay.

781. I am sorry, Your Honour.

782. with great respect to my learned friend,

783. I do not understand that objection.

784. Did you father or grandfather

785. tell you anything about that burial ground?

786. They told me that zogo le were buried there.

787. Is this relevant to anything?

788. It indicates a connection which in our submission can be made out

789. between his alleged inheritance of that land

790. and the particular use of that land.

791. Well, if there is a connection, it's totally lost on me.

792. Did he ever say anything to you

793. about how it was the zogo le were buried there?

794. What is this relevant to?

795. This is a bit like saying,

796. "No-one asked me whether they could erect a stall

797. "in King George Square,"

798. and saying that is relevant to the question of whether or not

799. I have control over what happens in King George Square.

800. Now, I assume that in leading the evidence,

801. you lead it as being relevant to some issue,

802. and I cannot see that this evidence is,

803. and if it's not,

804. I'm not inviting you to expend 20 minutes or so

805. seeing if you cannot find something in it that is relevant.

806. So do we want the good news or the bad news?

807. Can you hear me, Ron? Yes.

808. Yes, let's... let's have the good news.

809. Well, actually there is no good news.

810. Our friends at the Office of Legal Aid Administration

811. say there's no more money for this trial.

812. We're broke again.

813. But - and this is very strange indeed -

814. apparently the advisers at the A-G's department

815. "Regard this as a test case

816. "worthy of proper consideration by the High Court."

817. So basically they won't give us any more money

818. to continue before Moynihan,

819. but they just might

820. if we challenge the Declaratory Act in the High Court.

821. Tell them I'll pay them to get me out of this courtroom.

822. So what's the next move?

823. I mean, have they killed us off yet or what?

824. If I were you,

825. I'd instruct us to throw ourselves on Moynihan's mercy

826. and plead with him to postpone this debacle

827. and go to Canberra.

828. If Greg's right, well, then let's face it -

829. we've don't have a choice.

830. And if the law stands, Bjelke's law, it's all over, right?

831. I know we're broke and it feels like we've achieved precisely nothing...

832. .. but what we're doing here, it's monumental.

833. Let's keep a hold of that.

834. We really should stop meeting like this.

835. How many times?

836. Five. Six maybe.

837. I don't let the kids answer.

838. Same voices? Nah, different.

839. Blackfella voices or white?

840. I don't know, Koiki.

841. I get that much of a shock, you know, I can't hear 'em clear.

842. What do they say?

843. Oh, stuff from the movies, you know,

844. like,"We're gonna kill you,"

845. or,"Do you know where your kids are?"

846. That sort of stuff.

847. I want you to take the kids to Allyson's for a couple of weeks.

848. I don't want you in the house. Get away.

849. Do as you're told, Netta. It's not funny.

850. I'm not laughing.

851. And I'm not going neither, so you can forget about that right now.

852. I'm getting in this bed same as I've done every night for 30 years

853. and if you say one more word, I'm putting cotton wool in my ears

854. and you can shout the house down for all I care

855. 'cause I'm not gonna hear you.

856. Hey, I'll get it. Don't you touch it.

857. In the lounge.

858. Hello.

859. Eddie? It's Greg.

860. It's good news.

861. The High Court found in our favour,

862. four to three.

863. They've found the Declaratory Act unconstitutional.

864. Four to three? Yes.

865. Four... four to three? Just one vote, hey?

866. Just one. Not much, but it's enough.

867. Yes.

868. It's enough. It's enough.

869. Mabo - one. Bjelke - nil.

870. Thank you, Greg. Congratulations.

871. Thank you.

872. Back on the road, hey?

873. One down.

874. The big one to come.

875. Look at all them geckos.

876. I've never seen that many.

877. They must wait till we're asleep

878. and then come out and have a party, hey?

879. Shh, go to sleep.

880. What's your word for them? 'Woon-pun'?

881. 'Wanpun'.

882. 'Wanpun'.

883. Meriams say they're the dead talking to you.

884. Is that right? You never told me that.

885. Didn't want to spook you.

886. You remember the first time you saw me?

887. Go to sleep!

888. It was my cousin Mannie's wedding in Ingham. Remember?

889. I was standing on that chair hanging up streamers

890. and then I looked over and you was there in the doorway...

891. .. the sunlight behind you.

892. You were just this silhouette.

893. Beautiful silhouette.

894. I reckon that's moment I fell in love with you...

895. .. even before I knew you was gonna make history.

896. Cheeky monkey.

897. Eddie, you do know,

898. once I hand you over for cross-examination,

899. we're not allowed to talk to you anymore?

900. That's alright.

901. I'll be fine.

902. I'm not scared of them.

903. Mr Mabo, on the previous occasion, you were asked,

904. "When did you discover matters about who your parents were?"

905. And you said, "I think it was in 1954."

906. Do you remember giving that evidence, Mr Mabo?

907. Yes.

908. Do you recall living with your father Robert and his second wife

909. from September 1947 until February 1948?

910. Where was that? On Murray Island.

911. No, no way.

912. I never, ever lived on Kiam or anywhere.

913. Have you heard of documents called social history cards, Mr Mabo?

914. Social history cards?

915. Yes, that were held by the Department of Aboriginal Affairs.

916. Could you have a look at this document, please?

917. "Edward Mabo. Date of birth - 29 June 1936."

918. And underneath that, do you see?

919. "Returned to Zezou Sambo, 20 September 1947 '."

920. That's a load of garbage.

921. You still insist you didn't go to live...

922. It was 1947 when my father went to jail on Thursday Island

923. and it was during that time I went to stay with them.

924. The minute he came out of jail, I went back to him.

925. Do you remember you said the first time you knew

926. that Robert and Poipe Sambo were your natural parents

927. was in 1954 when you saw this in a book at the schoolteacher's house?

928. Yes. That's not correct, is it?

929. It is very correct.

930. You went to live with Robert Sambo, you agreed, in 1947 and 1948.

931. You said the reason was that Benny Mabo was in jail.

932. That's right,

933. but at that time I didn't know that he was my biological father.

934. Mr Mabo, you were 11 and a half years of age

935. and you say that you were unable to absorb the fact

936. that Robert Sambo was your natural father?

937. I couldn't believe it until I seen the documents.

938. Mr Mabo, isn't it the fact

939. that you didn't wish Robert Sambo to be your father,

940. you wished to be a Mabo on the male line,

941. and you have always maintained that position

942. in spite of the fact your father and brother insisted to the contrary?

943. Mr Killoran, long time no see.

944. You got a bit of a drubbing in there today, I see.

945. Water off a duck's back.

946. Well, you will take on the might of the state,

947. but you always were one to get above yourself, Eddie,

948. now I remember it.

949. Eddie, I know Benny Mabo raised you.

950. Everyone up on Murray knows you're Benny's boy.

951. How would he feel?

952. If Benny were alive today

953. how would he feel watching you make this big a fool of the Mabo name?

954. How would he face everyone up on Murray,

955. watching you down here stuff everything up for everyone?

956. Mr Mabo, do you remember giving an interview

957. to a newspaper reporter called John Stanton

958. from 'The Australian' newspaper

959. which appeared in 'The Australian' on May 28, 1986?

960. Yes, but what I said to him was not exactly the way he wrote.

961. "If the High Court case succeeds,

962. "he will hold the equivalent of a coronation

963. "to install himself in his hereditary position as Aiet."

964. Did you say that as a joke or...

965. As a joke. As a joke?

966. Because I knew that will never happen.

967. Mr Mabo, in your original statement,

968. you say,"The council looks to me

969. "for social, political and legal advice.

970. "This is because of my hereditary title which I alone can claim."

971. I don't know whether I said that to the reporter at all.

972. This is your own statement, Mr Mabo.

973. It's in the statement?

974. It's in the statement?

975. "This system still prevails with me as the modern Aiet.

976. "My arrival on the island rejuvenates hope amongst the people.

977. "I am their leader, to be compared to the elected chairman.

978. "I am the leader in the people's memory according to tradition."

979. Is that some people on Murray Island?

980. Some people do believe that would be the case.

981. But others don't?

982. Not everybody does.

983. Not everybody believes that at all.

984. The land that you have described as Tar -

985. I put it to you that Caroline Modee has the exclusive use of that land.

986. She has no exclusive use.

987. I suggest to you

988. that the person who is entitled to use the land called Utirib

989. is Caroline Modee and not yourself

990. or any heir or descendant of Benny Mabo?

991. I saw how cunningly her genealogy was mucked up deliberately

992. to show where she come from.

993. The problem is, is it not, Mr Mabo,

994. that you haven't really resided in a meaningful way

995. on Murray Island since 1956?

996. They think they can discredit me, make a liar out of me.

997. They think they can drag my name through the mud.

998. They say that I only lived with my mother and father

999. just for social security cheques.

1000. You think that's gonna wreck my case?

1001. They're bloody wrong.

1002. They're bloody wrong and I'm gonna prove it.

1003. Koiki, you ever thought about...

1004. What if you don't win?

1005. Don't you dare. Don't you dare.

1006. Where are you going? To the toilet.

1007. I'm talking to you! You've been talking for hours.

1008. I need to go to the toilet. You need to listen to me!

1009. I been listening to you for nine years.

1010. Morning, noon and lunchtime, that's all you talk about!

1011. These kids, they've been living

1012. on frozen fish and flour for nine years!

1013. You saying I don't provide? You saying I don't provide, huh?

1014. Do you want me to wet myself right now?

1015. Huh!

1016. Oh! Come here!

1017. Dad! Get away, Dad! Get away!

1018. You gonna do that to the kids as well?

1019. I'll do it to the whole lot of you if it gets me a bit of respect!

1020. Put your clothes in a bag.

1021. Go out the back, over the fence, next door. Wait for me there.

1022. Netta!

1023. Come on, then, if we're going.

1024. Don't wanna be driving at night.

1025. Kids, your father's here! Let's go.

1026. Coming!

1027. Bruise there.

1028. Thank you!

1029. Who says I don't provide, huh?

1030. We got enough fish here to feed half of Townsville.

1031. Two more, Dad.

1032. Alright.

1033. Don't forget to clean out the esky.

1034. Eddie? I'm Melissa Castan, Ron's daughter.

1035. Oh, hi. Hi.

1036. Dad sent me to help out with the case.

1037. Oh, and there's the news.

1038. Dave Passi's come back as a plaintiff.

1039. We were told to ask no questions.

1040. I'm sorry.

1041. Good to see you. Good to see you too.

1042. It looks like our cavalry's arrived.

1043. As an individual, you say you have a right to the Passi lands.

1044. What do you look towards to say,

1045. "As against the rest of the world, I have this right"?

1046. My people for hundreds of years have discovered Murray.

1047. They are the original owners up to this day.

1048. What if I wanted to go onto your land, visit, have a picnic?

1049. Or Mrs White or another Islander such as Meb Salee or Eddie Mabo?

1050. Would they have to ask permission? They would let us know.

1051. At Giar Pit, the exception to that is Koiki - Edward - Mabo.

1052. He's one of the zogo le.

1053. He has the right to go to Giar Pit.

1054. I call Mr Patrick James Killoran.

1055. As far as a racial development of a people is concerned,

1056. in Australia we have integrated into it, I suppose, traditions

1057. of the piping in of the haggis of the Scots,

1058. and the Irish have St Paddy's Day and so on.

1059. The Islanders are no different.

1060. They have their traditions, of course,

1061. but they've always felt and believed that they were part of Queensland,

1062. that all the laws of Queensland -

1063. including the land laws of Queensland,

1064. if I want to be specific -

1065. have applied to them

1066. in the same way they apply to all other Queenslanders.

1067. The court will now adjourn

1068. for the Honourable Judge Moynihan to consider his verdict.

1069. How's the case going, Eddie?

1070. Oh, George. We're gonna win it.

1071. No doubt about it. Good on you, mate.

1072. There is no doubt that the evidence establishes

1073. that Murray Islanders recognise

1074. the continuance of claims to garden plots

1075. and recognise or dispute claims of entitlement by individuals

1076. in respect of these plots.

1077. It seems clear enough

1078. that garden land was primarily acquired by inheritance

1079. and that that remains the practice.

1080. It is acknowledged by some at least of Murray Islanders

1081. that there is Mabo land on the islands.

1082. I am, however, not prepared to find on the evidence

1083. that Eddie Mabo was adopted as heir by Benny and Maiga Mabo,

1084. or that Benny transferred land to him during his lifetime.

1085. Eddie Mabo is, in my view,

1086. quite capable of tailoring his story to whatever shape

1087. he perceived would advance his cause in the particular forum.

1088. I would not be inclined to act on his evidence

1089. in a matter bearing on his self-interest.

1090. David Passi I found to be an essentially honest witness.

1091. The Passi family accept that Passi lands are not divided

1092. but used as a family.

1093. What did I do wrong?

1094. If he found in favour of Dave and James, what did I do wrong?

1095. You didn't do anything wrong.

1096. Did I claim too much land?

1097. But it's my land.

1098. Queensland fired all their cannons at you, and he believed them.

1099. You're an easy target.

1100. But why?

1101. Why was I?

1102. In hindsight, perhaps we could have claimed a bit less on your behalf.

1103. And claiming to be the Aiet...

1104. I don't think it helped.

1105. He thought I was greedy.

1106. Selfish and greedy.

1107. That's how they made it look. And he believed it.

1108. It's not fair.

1109. It's not stinkin' fair!

1110. He was too articulate.

1111. He'd read too much. He was just too smart.

1112. He's devastated, Ron.

1113. What are we gonna advise?

1114. Well, we appeal over Eddie's land, or we destroy terra nullius.

1115. Vision splendid.

1116. You've gotta make a hard decision, Eddie.

1117. We can appeal Moynihan's findings on your behalf.

1118. It'll cost money we don't have and it will take time.

1119. Queensland could tie it up in court for years.

1120. Or?

1121. We proceed into the High Court.

1122. The findings about James Rice's garden plots

1123. and Dave Passi's house block,

1124. they're enough for us to build a case on.

1125. But you'd need to be separately represented.

1126. If I appeal, it's about Eddie Mabo's land.

1127. If I don't, and then you take it to the High Court...

1128. ..it's about all the blackfellas, isn't it?

1129. That's... Not just Islanders.

1130. On the mainland too.

1131. We believe the High Court has been holding this window open for years.

1132. We're afraid that if we delay any longer, we'll lose the moment

1133. and set the whole cause back another decade.

1134. And you think you can win?

1135. I'm optimistic.

1136. Maybe I could ask Greg to represent me,

1137. just, you know, in the High Court.

1138. Thanks, Netta.

1139. Think he would mind?

1140. I think he'd be honoured.

1141. And the name, is it still...

1142. Well, would it be Mabo and Others?

1143. We're not taking your name off the case, Eddie.

1144. Forget the appeal.

1145. Go to the High Court.

1146. Here we go, mate. Good luck, eh?

1147. Canberra.

1148. All rise.

1149. A lot of judges.

1150. Mr Castan.

1151. May it please the court,

1152. I appear with my learned friend Mr BA Keon-Cohen

1153. for the plaintiffs David Passi and James Rice.

1154. If it pleases the court,

1155. I appear for the first named plaintiff, Mr Mabo.

1156. What was the status of the natives

1157. immediately after the annexation by Queensland?

1158. Were they trespassers?

1159. I don't think that matters too much for our concern.

1160. Does it not follow from what you've said, Mr Solicitor,

1161. that at any time from the time of annexation,

1162. that the native population

1163. could lawfully have been driven into the sea?

1164. It does, Your Honour. It does, yes.

1165. Mr Solicitor, I just have some difficulty...

1166. To you, David and James,

1167. everyone on Murray Island.

1168. We did as well as we humanly could, all of us.

1169. Cheers.

1170. Now we wait.

1171. You alright, Dad?

1172. It's that same pain.

1173. Don't worry.

1174. Oh, darlin'.

1175. Can't sit up. Can't lie down.

1176. Can't sleep with it.

1177. You need to go back to the doctor. What they gonna do?

1178. "You've got stress - take another Panadol."

1179. Well, we'll go to another doctor.

1180. I'm sick of doctors! No more doctors.

1181. How was school?

1182. Guess who got 18 out of 20 for her homework?

1183. Well, you're a smartypants, aren't you?

1184. Netta, I wanna say something to you.

1185. What?

1186. I wish I'd spent more time at home when the kids were growing up.

1187. I just realised, just recently...

1188. .. what a beautiful bunch of people they all turned out to be.

1189. I never knew how hard it was for you to grow 'em up.

1190. I wish I'd...

1191. I'm sorry I didn't...

1192. ..help you more.

1193. You know how you can thank me?

1194. How?

1195. Go back to the doctor, please.

1196. OK?

1197. What sort of cancer?

1198. Hey. Hello, darlin'.

1199. The kids are here. Oh, come, come, come in.

1200. Hi, Dad. Hey.

1201. How are you feeling? OK, my girl.

1202. Come here, sweetheart. Hey, Dad.

1203. Mal. Hey.

1204. Oh, son. What's in there?

1205. Hey? Just relax, Dad.

1206. This is very unorthodox, I know.

1207. But Eddie's very unwell.

1208. He's very unwell, it seems,

1209. and... I was just wondering whether there was any chance

1210. of, er, moving the decision forward a bit.

1211. No, I...

1212. Yes.

1213. Look, I understand.

1214. Well, son, you know what?

1215. I'll just rest for few minutes.

1216. I just wanna catch my breath back.

1217. But youse go on. Mal, go on.

1218. You go for a walk. Sure?

1219. You go on now, son.

1220. Keep walking.

1221. I just wanna scribble a letter to them up on Murray,

1222. tell them we're still waiting to hear from the High Court.

1223. I don't think we're gonna make it, Ma.

1224. I find for the plaintiffs.

1225. I publish my findings accordingly.

1226. .. of the conflagration of oppression and conflict

1227. which was to dispossess, degrade

1228. and devastate the Aboriginal peoples

1229. and leave a national legacy of unutterable shame...

1230. .. the nation as a whole must remain diminished

1231. unless and until there is

1232. an acknowledgment of and a retreat from

1233. those past injustices...

1234. Six members of the court are in agreement

1235. that the common law of this country recognises a form of native title.

1236. How's your tea there? You can have another bickie if you like.

1237. Mal! Mal!

1238. This is the ABC News. I'm Luke Mynott.

1239. A historic decision was made in the High Court in Canberra today.

1240. By a majority of six votes to one... I think so, yeah.

1241. the High Court decided in favour of a small group of Murray lslanders

1242. in their land claim in the Torres Strait.

1243. Oh, great news.

1244. far-reaching consequences...

1245. Wonderful news. Congratulations. Congratulations.

1246. Good on you.

1247. Great news. Great news.

1248. Proud. Very proud.

1249. We did it.

1250. For the first time, Australia has recognised

1251. the legal existence of Aborigines prior to white settlement.

1252. The case is a moral victory...

1253. Mabo is an historic decision.

1254. We can make it an historic turning point,

1255. the basis of a new relationship

1256. between Indigenous and non-Aboriginal Australians.

1257. Yeah! We did it!

1258. Hello?

1259. Hello there. This is Bryan Keon-Cohen.

1260. Yeah? Uh-huh.

1261. Huh? Oh! Oh! Oh, my...!

1262. Hey, big court win! Hey, big court win!

1263. Hello?

1264. Hello?

1265. After they had left me, the rest of the night was not so bad.

1266. I thought about the struggles I've been through over the past years

1267. while the rest of Black Australia waits with me

1268. for the High Court decision to be brought down at any time.

1269. I also thought about how my wife, the most important person in my life,

1270. has stuck to me over many hardships and hurdles,

1271. but somehow we made it.

1272. My wife has been the most adorable person,

1273. a friend closest to my life,

1274. a most wonderful lover.

1275. And we loved every minute of our lives together.