1. The Mabo ruling
is set to cause uproar
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2. with claims it could lead to
a form of apartheid.
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3. Mabo continued to dominate
national debate this week.
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4. The economic and political future
of Australia has been put at risk
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5. and our territorial integrity
is under threat.
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6. Mabo establishes a fundamental truth
and lays the basis for justice.
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7. They wanna exile you
off the island for a year.
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8. Told 'em I could offer you
a better alternative.
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9. Stay on the island,
come work on my green truck.
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10. What?
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11. With all them poor fellas?
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12. Carting garbage off the streets
for not a red penny?
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13. No, no, no, no. Not Koiki Mabo.
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14. You got the wrong fella, Mr Killoran.
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15. How does it work, Eddie?
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16. The Act. Remind me.
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17. The Aboriginal and Torres Strait
Islander Protection Act.
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18. What does it mean?
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19. Protection.
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20. You're too young, too hot-headed,
and I protect you from yourself.
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21. I'll go to the mainland.
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22. Work on the railways out west.
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23. They pay real money there.
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24. But will you?
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25. You gotta pass the
railway medical first,
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26. and you got a bad eye.
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27. I'm not working as a slave.
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28. Then go and say goodbye
to Benny and Maiga.
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29. Eddie Mabo?
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30. That's me, missus.
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31. You're here for
the Railways medical, yes?
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32. That's right.
We'll do the eye test first.
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33. Come this way, please.
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34. "Dear Mum and Dad,
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35. "I'm keeping out of mischief.
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36. "Sometimes it's so hot
I can only manage cornflakes.
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37. "I spend most nights sleeping
on top of the water tank.
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38. "Only place you can get
a bit of breeze out here.
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39. "The weather is still hot and dry.
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40. "I think it's gonna be dry
until the end of the world."
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41. And you got the Hornibrooks site
there at Marathon siding.
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42. You got blokes out there
working double shifts.
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43. You know? And there's all kinds of
garbage going on with the safety.
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44. Mate, these blokes, they are hot to trot.
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45. Now, most of the guys up there,
they're 20% blacks.
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46. And they're all Islander blokes.
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47. Well, righto - that means
we need to have
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48. a serious recruitment drive
among the blacks.
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49. What's your name, mate?
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50. Eddie Mabo.
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51. Eddie.
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52. Now, I'm assuming you're here
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53. 'cause you wanna know what the union
can do for you, correct?
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54. Yeah, that's right.
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55. Works two ways, Eddie.
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56. Now, we help you blokes
by helping our own,
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57. and, uh, vicky versa.
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58. You with me?
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59. I think I've got a fair idea
of what you're going on about.
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60. Well, that's good to hear, Eddie.
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61. Hey.
Huh? What?
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62. "Dear Dad, There's a lot more fellas
coming from the islands now.
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63. "I've been joining them up to the union
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64. "to make sure that we get a fair go."
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65. - Your shout, eh?
- Yeah, my shout. My shout.
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66. Righto. We'll have five.
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67. You! Out the back.
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68. Oh, come on, mate!
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69. So, how many was it? Four?
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70. Bit rough.
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71. Definitely. Definitely, boys.
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72. I'll come back. Wait here.
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73. Hey, girls!
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74. Come say g'day!
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75. Oi! Netta, come on.
What you doing?
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76. I don't wanna get up there again.
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77. Can I help you?
Are you looking for someone?
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78. Young girl, blue bow.
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79. Netta?
Netta.
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80. Yes, Netta.
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81. Oh, can I, um...
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82. Oh, do you want to talk to her?
Yeah. Please.
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83. Just a minute.
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84. Netta, there's a gentleman...
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85. Netta.
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86. It's Bonita, actually.
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87. That's a pretty name.
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88. That's what it means in Spanish.
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89. What?
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90. 'Pretty' in Spanish.
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91. In Spanish...?
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92. Um, but people call me Netta.
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93. I'm Koiki.
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94. Whitefellas name Eddie,
but it's Koiki for real.
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95. Koiki. Sounds cheeky.
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96. Cheeky Koiki.
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97. Cheeky Koiki.
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98. That's, um...
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99. I like that.
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100. So, why didn't you say g'day
when I called out before?
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101. You was in the pub. I thought you
might have been drunk. I don't like drink.
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102. No. Me too.
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103. I mean, you gotta be sociable, but...
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104. ..no.
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105. Not at all.
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106. So... you stopping in town?
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107. Maybe I can walk you home... later.
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108. Uh, I'd better go with my sister.
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109. Yeah. Suit yourself.
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110. How dare you bring
that devil's filth in here?
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111. Is that drink?
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112. You know the drill.
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113. Empty your pockets.
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114. "Jardine Valley siding,
September 1959.
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115. "Dear Bonita,
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116. "I'm writing to you because
I feel I must owe you an apology
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117. "for my behaviour
at your cousin's wedding.
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118. "It was the fartherest thing from my mind
to show any disrespect
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119. "or to cause any offence to you
or to your family,
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120. "all of whom I wish
only the very best.
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121. "Yours sincerely,
Eddie Koiki Mabo."
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122. "Lamp. Lampoon.
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123. "Lance. Lancet. Land."
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124. PMG delivery.
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125. Now, where's that reading
getting you, eh?
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126. Blackfella job,
that's all you're gonna get!
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127. What, you gonna be
prime minister next, are ya?
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128. Eddie Mabo.
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129. Davy Mabo.
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130. "Dear Koiki,
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131. "Thank you for your letter.
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132. "I've spoken to my mother,
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133. "and she says it would be quite alright
for you to continue to write to me.
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134. "It has been a very nice winter
here at Halifax
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135. "and now we are just beginning to see
the first of the cane flowers,
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136. "which are very nice,
except they give my nanna asthma."
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137. "Dear Bonita,
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138. "You know, I felt very downhearted
when I left you.
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139. "I wonder, how did you feel
at that moment?"
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140. "You have been in my thoughts
since your letter arrived."
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141. "I think of you every day."
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142. "I wonder if
you might like to visit us."
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143. ".. and I'm looking forward
to seeing you."
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144. "Can't wait till you arrive."
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145. We also welcome Koiki into this family.
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146. And, Lord, keep him safe and bless him,
in Jesus' mighty name.
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147. - Amen.
- Amen.
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148. This looks beautiful.
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149. I made the rice.
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150. Did not.
I helped.
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151. You first.
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152. I grated the sweet potato too.
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153. This octopus here called Malo.
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154. And him travel through
rain, wind and storm.
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155. And finally, him land on Murray Island.
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156. Oh?
Mmm!
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157. OK, enough now. You two scoot.
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158. Hurry up! Yeah, scoot! Quick!
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159. Wait for me!
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160. I'm gonna take you
to Murray one day.
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161. That sounds alright.
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162. The weather's coming in.
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163. On Murray,
we've all got our own wind.
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164. When you feel it on your cheek,
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165. you know your ancestors are there.
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166. This wind here,
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167. we call it 'sager'.
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168. It's my wind.
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169. Oh, yeah. Another thing too.
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170. The winds love magic.
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171. If you love someone,
you stand in the breeze
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172. and the wind will
take your scent to them.
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173. And they love you back?
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174. They love you back.
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175. "She's not from Murray,
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176. "but she's willing to come back.
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177. "We've got a plan, her and me.
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178. "Get some money,
get a bit of savings behind us.
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179. "We'll be coming back for sure, Mum.
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180. "For sure we'll be coming back."
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181. That's the eye of the dugong there, look.
Now, that's a sacred place.
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182. Can you draw?
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183. I clean up your mess!
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184. Oh, big deal anyway!
It's my money. I earnt it!
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185. Oh, when are we actually
gonna get money for food?
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186. Hey, they're at it again.
It's getting worse.
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187. Go check on them.
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188. It's my house!
No, it's not!
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189. Hey!
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190. You think you can punch me,
you bastard?
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191. Hey, hey, hey! Go! Go.
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192. I'm sick of this place!
We all homesick, brother.
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193. I'm sick of being me!
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194. Well, who you wanna be, huh?
Who you wanna be?
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195. Mr Whitefella Hornibrook?
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196. I wanna be you,
reading your dictionary,
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197. talking in the union,
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198. talking big words I
never even heard of!
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199. You gotta settle down, brother.
No!
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200. All them say it on the railway.
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201. "Koiki's the one."
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202. You alright?
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203. Hey, you listen to me, brother.
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204. You the only mate I got out here.
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205. You don't bloody go down.
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206. Don't you go down.
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207. Eddie!
What?
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208. He's full of kerosene!
He swallowed kerosene!
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209. Quick as you can, get him to drink milk!
It'll ease the burning.
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210. Get an ambulance. Get an ambulance!
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211. Doesn't seem to have
actually swallowed much,
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212. but his throat and the top of his
oesophagus are badly burned.
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213. I'd like to keep him in here
for a couple of hours.
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214. After that, if he's alright,
you can take him home tonight.
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215. But the train don't leave
till 3 o'clock in the morning.
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216. Get the train tomorrow.
Get a cheap hotel tonight, eh?
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217. OK.
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218. No rooms.
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219. They reckon it's full.
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220. Oh, what?
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221. He swallowed kerosene.
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222. We need to stop for the night,
go to Jardine tomorrow.
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223. Just tonight. Just the night.
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224. I'm sorry, love, but we're
filled to overflowing tonight.
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225. You haven't even got one room?
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226. Look, we can make do with a single.
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227. I'd help you out if I could, but...
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228. Course you would.
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229. One stinkin' room.
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230. One miserable, stinkin' room.
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231. What, they think we're gonna leave
our black skin on their bloody sheets?
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232. I don't wanna stay here, Netta.
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233. I don't wanna raise him up in this place.
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234. Oi, Eddie!
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235. You going to union meeting this arvo?
Yeah, I'll be there!
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236. I'll see you there then, mate.
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237. Next meeting, there's
a couple of things I wanna raise,
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238. to skilling up some of the Island boys.
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239. Oh, yeah? Well, if you wanna raise stuff,
mate, do it yourself.
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240. You've got a voice, haven't ya?
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241. Hey, pots of XXXXs.
Two, four, six, thanks, mate.
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242. Five.
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243. No, six. Six, mate.
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244. Come on, mate.
What, you can't read, brother?
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245. I'm sorry to hear that.
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246. Mate, it's not me. It's the law.
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247. Netta!
Norma.
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248. Um, Eddie's not back from work yet.
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249. He said they've got a union meeting.
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250. Would you mind minding the kids
while I go to work?
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251. They've had their tea.
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252. No worries, love. I'll bring mine in.
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253. They're asleep.
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254. Where's Eddie?
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255. I don't know, Netta.
He didn't come home.
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256. He didn't call?
Nothing.
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257. Netta?
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258. Where the bloomin' heck
have you been?
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259. Oh. Hi, Norma.
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260. In the lock-up.
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261. Oh, don't bull me. Or Norma.
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262. She's been sitting up there
with the kids all night.
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263. Thanks.
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264. You been out grogging
with the communists?
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265. I never had a drop.
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266. I've been in the lock-up. Here, look.
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267. Here's the papers. Read.
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268. Oh, Koiki. What have you done now?
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269. Hey, you fellas gonna
include me in the joke?
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270. No joke, mate. They reckon,
up in the office, you're the Vietcong.
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271. I quit.
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272. You did what?
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273. I told them to stick their job.
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274. They cut my pay, they put me on
the shore with a stinkin' sledgehammer.
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275. That's what you get for
mixing with communists.
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276. It's not against the law
to be in the union.
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277. It's not against the law to be black.
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278. You've already been
in the bloomin' lock-up, Koiki.
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279. What's gonna happen next?
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280. Get another job, lose that one?
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281. All over town, you'll be known
as a communist, and then what?
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282. I'm not a communist.
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283. And even if I was, they're the only ones
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284. who wanna do anything
for black causes.
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285. Black causes.
Now I've heard everything.
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286. People like us, we can't afford
to be trouble-makers.
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287. Netta!
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288. People like us have no choice
but to be trouble-makers.
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289. 'Cause if we don't...
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290. .. we don't have any pride left.
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291. I'll give you stinkin' pride!
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292. You've got three kids, stupid man!
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293. Fourth on the way.
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294. Healthy, happy kids.
What more do you want?
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295. Kids gotta be fed,
gotta have clothes on their back.
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296. How many prawns I gotta pack, huh?
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297. How many stinkin' prawns,
in the middle of the night,
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298. standing there like a...
like a bloomin' flamingo?
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299. Coming home on that pushbike,
2 o'clock in the morning,
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300. coming home to an empty house
'cause my old man's in the lock-up?
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301. I'm not having it, Koiki.
I'm just not... I'm not bloomin' having it.
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302. For pity's sake, woman.
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303. If you don't stop
mixing with those commos,
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304. I'm leaving you.
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305. And I'm taking the kids.
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306. That idiot girl the other day
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307. served all the white people before you.
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308. And what did you do?
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309. I told her to ring it up, and I told her
I didn't want it no more.
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310. She was wild, was she?
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311. She was wild.
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312. I've been talking to some people
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313. in the Aboriginal Advancement League
in Cairns.
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314. They reckon I should
start up a branch down here.
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315. The Waterside Workers,
they say they'd support it.
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316. We've gotta get together.
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317. That's how the union get things done.
They get together.
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318. They lobby, they fundraise,
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319. and they fight to make things better.
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320. Well, how you reckon
we're gonna do all this, eh?
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321. Make all this stuff better.
Any way we can.
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322. We set up a housing co-op.
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323. Schools for black kids.
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324. We walk round the
streets with leaflets.
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325. Organise dances for blackfellas
to raise money.
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326. And we march with the unions
on May Day.
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327. Right under the government's nose.
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328. That's right.
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329. And what kinda havoc will this dancin'
and leaflettin' and marchin'
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330. gonna play on my varicose veins,
eh, Koiki Mabo?
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331. We are here to stay,
we are here to fight.
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332. Irrespective of what we may do,
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333. they don't care whether
we would lay down our lives.
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334. I sincerely hope that those who have
been plotting violence and disorder
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335. will understand that
their intentions are lone
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336. and that they will not be tolerated
by the government.
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337. What do they say is wrong
with you that they can't serve you?
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338. Well, they just say,
"We don't serve Aboriginal people."
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339. And they don't give you any reason.
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340. Just say,"We don't serve
Aboriginal people," and that's it.
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341. And are Aboriginals
allowed to go into the theatre?
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342. Yes, they go in
via that door over there.
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343. And sit in a separate section?
Yes.
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344. Do you know who that is?
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345. Oh, that's Eddie. He's the gardener.
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346. That's his favourite spot.
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347. Hello there.
G'day.
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348. Have I seen you in the library?
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349. You may have.
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350. There's no law against that, is there?
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351. Just unusual to see
a gardener in the library.
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352. You mean it's unusual to see
a blackfella in the library.
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353. Uh, no... Oh, let's...
let's start again.
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354. I teach Aboriginal history
and anthropology.
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355. I just saw you reading
like a man transfixed
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356. and I wondered
what you were looking at.
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357. A bloke called Haddon.
The Cambridge expedition, 1898.
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358. What did you make of it?
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359. He's got bits of it right.
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360. Most of it's rubbish.
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361. Something we both agree on.
We do?
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362. Noel Loos.
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363. Eddie Mabo.
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364. Eddie Mabo, Henry Reynolds. Henry
writes a lot about Aboriginal history.
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365. So, you have an interest
in Indigenous issues?
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366. Where do you want to start?
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367. I mean, the Indigenous housing co-op,
I'm the chairman.
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368. The black community school,
I'm the headmaster.
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369. Hell of a job getting that going, I tell you.
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370. It's not an easy path, Eddie,
the road of the activist.
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371. Never has been, but...
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372. ..in a climate like this,
with Joh in government, it's even worse.
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373. Special Branch have got files on
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374. everyone who ever attended
a demonstration in this state.
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375. They'll know every move you make
and who you make it with.
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376. And they will find a way to silence you.
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377. What more can they do to me
that hasn't already been done?
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378. I've lost jobs. I've been
in the stinkin' lock-up.
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379. What more can they do?
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380. I love this song.
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381. You're a drop-of-the-hat
sook, darlin'.
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382. A drop-of-the-hat sook.
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383. Henry wants you to stop, doesn't he?
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384. I can't stop, Netta.
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385. I might as well curl
up and die right now.
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386. I can't stop.
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387. I know, darling.
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388. I know.
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389. And then you
pull it all together.
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390. You see this bottom one?
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391. Don't forget tomorrow's
homework.
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392. Come on!
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393. Taxi's in. All aboard!
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394. Eddie, boy! You stay
here with Mum, eh?
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395. Netta, I'll drop this last mob off
and then I'll come back, eh?
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396. OK!
Come on.
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397. OK. Watch your legs there.
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398. Hey, kids, settle down.
Put your bags behind now.
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399. Come on.
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400. Last one in's a rotten egg!
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401. Move, move, move!
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402. Koiki Mabo.
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403. Netta. You've forgotten
what today is, haven't you?
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404. What's today?
Anniversary.
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405. No! It's not!
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406. The school has been running
for exactly 200 days.
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407. Gotcha.
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408. Oh, well! We oughta celebrate.
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409. Get some of that pink lemonade, eh?
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410. Sop sop yams.
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411. Maybe cake with icing.
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412. Mmm.
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413. Mabo household.
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414. Koiki!
Mum.
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415. How long is it again?
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416. It's 12 hours in the boat
from here to Murray, darling.
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417. Oi, you lot! Don't get wet.
We're going soon.
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418. Oh, no, no. This can't be right.
What's it say?
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419. "April 11. Permission not granted
yourself and party to visit Murray Island."
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420. Give me a pen. Quick. Quick, quick!
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421. Wait, yeah? Turn around.
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422. They've been doing this to me
since I was 19 years old.
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423. Who? Who's doing this?
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424. Killoran. The council. All of them.
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425. Koiki...
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426. It's just cruel what they did,
Killoran and the council.
Copy !req
427. They just didn't deny me.
Copy !req
428. The b's denied my father.
Copy !req
429. They made him die without
being able to look his son in the eye
Copy !req
430. and fulfil tradition.
Copy !req
431. Got this plan of one day going back up,
Copy !req
432. setting up my shack up there
Copy !req
433. once the kids have
done their schooling...
Copy !req
434. .. and live the old, traditional way.
Copy !req
435. Eddie, you know the land's
not technically yours.
Copy !req
436. Legally, I mean,
the government owns it.
Copy !req
437. Well, if they own it,
Copy !req
438. they can take it away.
Copy !req
439. Technically, yes. They can
regazette it as... whatever they like.
Copy !req
440. This can't be right.
Copy !req
441. We've been farming on that place since
before you mob set foot on that land.
Copy !req
442. We hand it down from father to son.
Copy !req
443. How can we not own it?
Copy !req
444. We're not just another
bunch of Aborigines
Copy !req
445. chucked off their lands
and shoved into dormitories.
Copy !req
446. What about our law?
Copy !req
447. What about Meriam law?
Copy !req
448. I own that land.
Copy !req
449. I own that land as much
as we own this house.
Copy !req
450. I can prove it five generations at least.
Copy !req
451. If anyone tries to tell me
that I don't own that land,
Copy !req
452. I'm gonna walk into Killoran's office
with a shotgun.
Copy !req
453. I'm a Piaderem man.
Copy !req
454. My ancestry come from Las.
That's my land.
Copy !req
455. And that's the sitting place of Malo.
Copy !req
456. So you reckon you own the land
Copy !req
457. because some giant octopus
said you do?
Copy !req
458. My people were on those islands
for 16 generations.
Copy !req
459. You think some whitefella
sticking a Union Jack in the sand
Copy !req
460. wipes out 16 generations?
Copy !req
461. What happened then,
after Malo named the eight clans?
Copy !req
462. He taught us the law.
And what's Malo's law?
Copy !req
463. Malo tag mauki mauki.
Copy !req
464. Malo keeps his hands to himself.
He does not touch what is not his.
Copy !req
465. Malo tag mauki mauki.
Teter mauki mauki.
Copy !req
466. He does not let his feet carry him
to someone else's land.
Copy !req
467. Malo tag tupamait tupamait.
Teter tupamait tupamait.
Copy !req
468. He does not wander from the path.
Copy !req
469. He walks on tiptoe,
silent and careful,
Copy !req
470. leaving no signs that
this is the way he took.
Copy !req
471. Good boy.
Copy !req
472. The Yirrkala claim failed because
Justice Blackburn didn't accept
Copy !req
473. that a nomadic people
could demonstrate
Copy !req
474. any traditional property right
Copy !req
475. that could be recognised
by Anglo-Australian law.
Copy !req
476. He also believed that
the Yolngu's links were overtaken
Copy !req
477. when the land was
settled by a, quote,
Copy !req
478. "more virile and industrious nation".
Copy !req
479. Correct me if I'm wrong, Barbara,
Copy !req
480. but I think it's been pretty clear
to a number of us for a while now
Copy !req
481. that it might be time
to revisit the land rights issue.
Copy !req
482. The High Court found in favour of
a form of native title in PNG.
Copy !req
483. They could well be open to it here.
Copy !req
484. To our Indigenous friends, we say this -
Copy !req
485. now is your time.
Copy !req
486. You couldn't find more
"virile and industrious" people than us.
Copy !req
487. We've been farming the land
since time immemorial.
Copy !req
488. We've never left it.
Copy !req
489. We've got a system of land
ownership and inheritance.
Copy !req
490. We cultivate the land.
Copy !req
491. The links are - what did you say? -
active and unbroken.
Copy !req
492. We can't lose.
Copy !req
493. Well, we need an actual plaintiff.
Copy !req
494. Me.
Me.
Copy !req
495. All of us.
Copy !req
496. I'm taking the government to court.
Copy !req
497. Dad!
You're taking the government to court?
Copy !req
498. Not just one government,
two governments.
Copy !req
499. I'm gonna make history.
Copy !req
500. I am the son
of Benny Mabo.
Copy !req
501. I'm a Meriam man
from the Piadram clan.
Copy !req
502. I'm a descendant
of the Aiet and the zogo le
Copy !req
503. and I'm gonna make history.
Copy !req
504. Auntie? Auntie Celuia? Koiki.
Copy !req
505. Hello.
Copy !req
506. I'm taking the government
to court to get our land.
Copy !req
507. Huh?
Copy !req
508. It's a secret, mind, a big secret.
Copy !req
509. I need your help.
Copy !req
510. OK, yeah.
Copy !req
511. Yeah, OK.
Copy !req
512. Ron?
Copy !req
513. Ron, it's Greg Mclntyre from
the Aboriginal Legal Service in Cairns.
Copy !req
514. Look, Barb Hocking and I
Copy !req
515. are putting together a case
that you might be interested in.
Copy !req
516. Go on.
Copy !req
517. We'll both be in.
Copy !req
518. And the Passi brothers,
Sam and Dave.
Copy !req
519. Wa.
Copy !req
520. Wa.
Copy !req
521. Eddie Mabo in Townsville.
Copy !req
522. He wants to run a land rights claim
in the Torres Strait.
Copy !req
523. There's no money in it, of course.
You interested?
Copy !req
524. Is this the one, do you think?
Copy !req
525. You're gonna have to think
very carefully, Bryan.
Copy !req
526. It'll pretty much shape
the rest of your career.
Copy !req
527. It'll dictate the kind
of briefs you're offered,
Copy !req
528. but more importantly,
the ones you're not -
Copy !req
529. the big mining companies,
Copy !req
530. pastoralists,
probably the government...
Copy !req
531. Yeah, I think I probably
would've worked that one out.
Copy !req
532. Well, now I've said all that,
Copy !req
533. yes, I think this might be the one.
Copy !req
534. Good morning.
Department of Aboriginal Affairs.
Copy !req
535. Director's office.
Copy !req
536. Meryl, I'm gonna need
the premier's office.
Copy !req
537. I'll need Joh.
Copy !req
538. It's a clever, snide way of
getting something for nothing.
Copy !req
539. They have nothing to contribute
Copy !req
540. and then they expect
to get a lot out of it -
Copy !req
541. the royalties out of the uranium mines
and the value of the land...
Copy !req
542. All I want to say
is they are not Aboriginal people
Copy !req
543. and they are getting away with
what you might term murder
Copy !req
544. in the sense that they
are climbing on the backs...
Copy !req
545. Bryan Keon-Cohen.
Copy !req
546. Are you the one
running this Mabo case?
Copy !req
547. It's 11:30 at night.
Copy !req
548. Are you running
the Mabo case or not?
Copy !req
549. Yes, yes. Who is this?
Copy !req
550. My name's Morgan. I'm a Labor
backbencher in Queensland.
Copy !req
551. But listen, I haven't got much time.
Copy !req
552. The division's about to start.
Copy !req
553. Basically Bjelke wants
to kill off this Mabo thing.
Copy !req
554. It's called the Queensland
Coast Islands Declaratory Act.
Copy !req
555. It retrospectively extinguishes
all native title on the Torres islands
Copy !req
556. from the time of white settlement.
Copy !req
557. They can't do that, can they?
Copy !req
558. This is Queensland, mate.
They already have.
Copy !req
559. It's up for final reading tonight
Copy !req
560. and there's not a damn thing
we can do to stop it.
Copy !req
561. The land laws governing
islands in the Torres Strait
Copy !req
562. were changed overnight.
Copy !req
563. The Bjelke Government
introduced radical legislation
Copy !req
564. intended to head off
land rights claims in the region.
Copy !req
565. And as MPs got to their feet...
Copy !req
566. Netta!
Copy !req
567. I'm trying to watch the news here!
Copy !req
568. They did it in such a way
Copy !req
569. that they broke every rule in the book
as regards standing orders.
Copy !req
570. It's a marathon session.
Copy !req
571. It's... it's unprecedented
and I think it's uncalled for.
Copy !req
572. Netta!
Copy !req
573. Netta!
What?
Copy !req
574. Where's my good shirt?
It's there.
Copy !req
575. The other good shirt!
Copy !req
576. It's in the wash.
Copy !req
577. I'm going to Melbourne.
I've gotta meet with the lawyers.
Copy !req
578. Bjelke's passed down a law
to kill us off.
Copy !req
579. What? Well, what about work?
Copy !req
580. Can't keep ringing in
saying that you're sick all the time.
Copy !req
581. How am I gonna go to work
when all of this is going on, woman?
Copy !req
582. Use your brains.
Copy !req
583. You can't keep flying around
the country like this.
Copy !req
584. How are we gonna pay for it?
Copy !req
585. Where's the other shirt?
Copy !req
586. One good shirt's as good
as another good shirt.
Copy !req
587. It's not. I wanted that one.
Copy !req
588. What's the matter with you?
Copy !req
589. I've been laying out your clothes
every day of your life for 21 years.
Copy !req
590. I even put that
bloomin' tie clip there.
Copy !req
591. And now you decide
you want a different shirt?
Copy !req
592. It's white! This one's sort of cream.
Copy !req
593. So?
Copy !req
594. It makes me look blacker.
I wanna look black.
Copy !req
595. You are black!
Copy !req
596. I'm gonna meet my lawyers
and I wanna look black.
Copy !req
597. Oh, darling...
Copy !req
598. This is big, hey?
Copy !req
599. Well, basically,
the Coast Islands Declaratory Act
Copy !req
600. is designed to knock us
out of the ring.
Copy !req
601. They said as much on
the floor of parliament.
Copy !req
602. Bjelke's doing this
because they're scared.
Copy !req
603. They know I've got a case
and I could win.
Copy !req
604. Well, we can challenge
the Bjelke law in the High Court,
Copy !req
605. but that would be
a separate case to the land claim.
Copy !req
606. In the meantime, I think we should
proceed with the land claim
Copy !req
607. and see where it gets us
Copy !req
608. on the understanding that ultimately
Copy !req
609. we're gonna have
to knock out the Bjelke law
Copy !req
610. or the Mabo claim can't win.
Copy !req
611. Proceed with the land claim case.
Copy !req
612. In that case, I'm gonna
need you to sign this.
Copy !req
613. Impecunious?
Copy !req
614. Yeah, it means, um...
It means 'have little or no money'.
Copy !req
615. Yeah.
Copy !req
616. It's the legal aid application.
Copy !req
617. The case is broke.
Copy !req
618. Dependant spouse?
Copy !req
619. Yes.
Copy !req
620. Number of dependant children?
How old?
Copy !req
621. Under 16.
Three.
Copy !req
622. When were you dismissed?
Copy !req
623. I've never been
dismissed in my life.
Copy !req
624. I'm running a legal case
against the government.
Copy !req
625. I mean, I can't work at the moment
'cause I have to concentrate on...
Copy !req
626. It'll be six weeks
before your next payment.
Copy !req
627. Rental assistance -
contact the Department of Housing.
Copy !req
628. If you need emergency assistance
during that time,
Copy !req
629. then contact the Salvation Army.
Copy !req
630. Read the booklet
on compliance obligations.
Copy !req
631. Thank you.
Copy !req
632. In a historic first,
the Supreme Court of Queensland
Copy !req
633. is due to hear evidence
in the Torres Straits this week.
Copy !req
634. The controversial case led
by a group of Murray lslanders
Copy !req
635. is challenging the right...
Copy !req
636. Look, there's Dad!
It's Dad!
Copy !req
637. Handsome devil.
Ohh!
Copy !req
638. Shh, shh.
Copy !req
639. Eddie is pursuing two goals.
Copy !req
640. One - he wants to get back there
Copy !req
641. and own a very large proportion
of Mer Island,
Copy !req
642. and he wants to use
that as a springboard
Copy !req
643. and a springboard for power.
Copy !req
644. I don't think he should be trying
to take land off the local people
Copy !req
645. by an action run by European lawyers
Copy !req
646. funded by the public taxpayer
from his home in Townsville.
Copy !req
647. Say g'day to Murray Island, darl.
Copy !req
648. G'day, Murray.
Copy !req
649. Oh, Lord. Captain Cook's
arrived all over again.
Copy !req
650. We ask that you send a most wonderful
blessing upon this food
Copy !req
651. that we may receive strength
both physically and spiritually
Copy !req
652. and bring us all
into everlasting life
Copy !req
653. through Christ our lord and saviour.
Copy !req
654. Amen.
Copy !req
655. Shut up!
Copy !req
656. It is perhaps
apposite that I remark
Copy !req
657. that this is a historic occasion
Copy !req
658. since it is the first sitting
Copy !req
659. of the Supreme Court of Queensland
on Murray Island.
Copy !req
660. Sitting here helps me to understand
Copy !req
661. the evidence concerning
Murray Island people and its culture
Copy !req
662. and most importantly
Copy !req
663. it allows the people of Murray Island
to participate to a degree
Copy !req
664. in the process of justice
Copy !req
665. that's being worked out
in these proceedings.
Copy !req
666. Your name is Jack Wailu?
Copy !req
667. Yes.
Copy !req
668. Koiki, we have looked
at your nomination for council
Copy !req
669. and we can't accept it.
Copy !req
670. Why?
Because you don't live here.
Copy !req
671. You haven't lived here
for nearly 30 years.
Copy !req
672. But I'm moving back.
Copy !req
673. When I win this land rights claim,
I'm moving back.
Copy !req
674. Koiki, what happens
if you don't win?
Copy !req
675. I will win it!
Copy !req
676. We will win.
Copy !req
677. It's to get rid of terra nullius.
Copy !req
678. A lot has changed
in 30 years, Koiki.
Copy !req
679. Terra nullius hasn't,
Copy !req
680. and also the fact that I am
descended from Aiet of Las
Copy !req
681. with a direct line
to zogo le of Malo.
Copy !req
682. What's the matter with you people?
Copy !req
683. This is the most important thing
Copy !req
684. that will happen
to this island in 200 years.
Copy !req
685. Everybody sees it. Why can't you?
Copy !req
686. What we see is that
while you have been down south
Copy !req
687. doing all your troublemaking
and all your agitating,
Copy !req
688. we have been trying
year in and year out
Copy !req
689. to get a decent deal
with Paddy Killoran.
Copy !req
690. You have been permitted
to address the island council,
Copy !req
691. the elected island council.
Copy !req
692. You have addressed it. Thank you.
Copy !req
693. They had rocks in their heads
back then.
Copy !req
694. They've still got rocks
in their heads.
Copy !req
695. Oi!
Copy !req
696. Dave Passi said
you claimed 36 plots of land,
Copy !req
697. on the other one claimed 9.
Copy !req
698. Hey, I'm only claiming
what's mine by inheritance.
Copy !req
699. Our people say you're Aiet.
You're not even blood staying here!
Copy !req
700. You're not taking my land.
Oh! Hey!
Copy !req
701. It's not about your land or my land,
you bloody idiot! It's about people.
Copy !req
702. Hey!
Stop it right now, you two!
Copy !req
703. Behave like grown-ups!
Copy !req
704. Koiki, I'm leaving!
Copy !req
705. OK, we're gonna flush out
all the family history stuff first,
Copy !req
706. steal their thunder.
Copy !req
707. Are you OK with that?
Copy !req
708. We'll call them up
in the next few days and...
Copy !req
709. Don't look now,
but they've got us surrounded.
Copy !req
710. All rise.
Copy !req
711. This honourable court
is now in session.
Copy !req
712. Justice Moynihan presiding.
Please be seated.
Copy !req
713. Yes!
Copy !req
714. You wanted
to see me, Mr Killoran?
Copy !req
715. Georgie boy, yes, take a seat.
Copy !req
716. Now, your brothers are involved
Copy !req
717. in this Eddie Mabo business,
aren't they - Sam and David?
Copy !req
718. Yes, sir.
Copy !req
719. Very, very, very silly boys.
Copy !req
720. Joh's been hurt by this, badly hurt,
Copy !req
721. and the way he sees it -
and I've gotta agree -
Copy !req
722. is he got you blackfellas
out from under the act,
Copy !req
723. and how'd you pay him back?
Copy !req
724. Turned around and spit in his face
with all this land rights nonsense.
Copy !req
725. It won't end well at all.
Copy !req
726. There's extra funding
for the school,
Copy !req
727. a lot of houses up there
need painting...
Copy !req
728. I've been fighting to get this
for Murray, but now...
Copy !req
729. Eddie Mabo is a smooth-talker.
Always was.
Copy !req
730. But he can't win the case.
Copy !req
731. And do you know what happens when
you lose a case like this, Georgie?
Copy !req
732. You get costs awarded against you.
Copy !req
733. And Mabo's gone and got himself
a Melbourne silk.
Copy !req
734. That's right. A bunch
of Melbourne highfalutin lawyers.
Copy !req
735. They don't come cheap, Georgie.
Copy !req
736. I'd like to present
this document to the witness.
Copy !req
737. Does the document in fact
Copy !req
738. record your name
as Edward Mabo, as a labourer,
Copy !req
739. you were aged 23 years
when you were married,
Copy !req
740. born on 29 June 1936,
on Murray Island in Queensland
Copy !req
741. and your father's name
was Benny Mabo?
Copy !req
742. Are these matters accurate?
Yes.
Copy !req
743. And your mother's
Christian name was Maiga?
Copy !req
744. Yes.
Copy !req
745. Was that in fact
your biological mother?
Copy !req
746. No.
Copy !req
747. Who was the person Benny Mabo?
He was my maternal uncle.
Copy !req
748. Who was your real biological father?
Copy !req
749. My biological father
was Robert Zezou Sambo.
Copy !req
750. Shortly after your birth, you were
taken to the family of Benny Mabo?
Copy !req
751. Yes.
Copy !req
752. Now have you lived
with that family ever since
Copy !req
753. in terms of your life on the island?
Copy !req
754. Yes.
Copy !req
755. I have been with
the Mabos all my life.
Copy !req
756. I just got a call
from a solicitor in Cairns.
Copy !req
757. Sam and David Passi
have withdrawn from the case.
Copy !req
758. They've been got at.
Copy !req
759. It's the government. It's Killoran.
Copy !req
760. We don't know that.
Copy !req
761. I should've known this would happen!
Copy !req
762. So that leaves us with you, Eddie,
and James Rice as plaintiffs.
Copy !req
763. We can make it work.
Copy !req
764. Hey!
Copy !req
765. Am I see-through or what?
Copy !req
766. Do you know why Eric Lui
wanted to speak to you
Copy !req
767. about that particular plot of land?
Copy !req
768. Because he knew that I was
the actual owner of that place.
Copy !req
769. How did he know that?
Copy !req
770. Your Honour,
I object to all of that.
Copy !req
771. First of all, I object to Mr Mabo's
assertion that he was the owner.
Copy !req
772. Secondly, I object to the assumption
made by the question then asked
Copy !req
773. that Mr Mabo is indeed the owner.
Copy !req
774. Do... do you claim to be
the owner of that land?
Copy !req
775. Yes.
Copy !req
776. Do you know whether Eric Lui
has any knowledge of that?
Copy !req
777. Yes.
How do you know that?
Copy !req
778. Because my father told him
that Kebi Saurem was my land.
Copy !req
779. I object to the whole
of the response.
Copy !req
780. It's nothing but hearsay.
Copy !req
781. I am sorry, Your Honour.
Copy !req
782. with great respect
to my learned friend,
Copy !req
783. I do not understand that objection.
Copy !req
784. Did you father or grandfather
Copy !req
785. tell you anything
about that burial ground?
Copy !req
786. They told me that
zogo le were buried there.
Copy !req
787. Is this relevant to anything?
Copy !req
788. It indicates a connection which
in our submission can be made out
Copy !req
789. between his alleged
inheritance of that land
Copy !req
790. and the particular use of that land.
Copy !req
791. Well, if there is a connection,
it's totally lost on me.
Copy !req
792. Did he ever say anything to you
Copy !req
793. about how it was the zogo le
were buried there?
Copy !req
794. What is this relevant to?
Copy !req
795. This is a bit like saying,
Copy !req
796. "No-one asked me whether
they could erect a stall
Copy !req
797. "in King George Square,"
Copy !req
798. and saying that is relevant
to the question of whether or not
Copy !req
799. I have control over
what happens in King George Square.
Copy !req
800. Now, I assume that
in leading the evidence,
Copy !req
801. you lead it as being
relevant to some issue,
Copy !req
802. and I cannot see
that this evidence is,
Copy !req
803. and if it's not,
Copy !req
804. I'm not inviting you
to expend 20 minutes or so
Copy !req
805. seeing if you cannot find
something in it that is relevant.
Copy !req
806. So do we want
the good news or the bad news?
Copy !req
807. Can you hear me, Ron?
Yes.
Copy !req
808. Yes, let's...
let's have the good news.
Copy !req
809. Well, actually
there is no good news.
Copy !req
810. Our friends at the Office
of Legal Aid Administration
Copy !req
811. say there's no more
money for this trial.
Copy !req
812. We're broke again.
Copy !req
813. But - and this
is very strange indeed -
Copy !req
814. apparently the advisers
at the A-G's department
Copy !req
815. "Regard this as a test case
Copy !req
816. "worthy of proper consideration
by the High Court."
Copy !req
817. So basically they won't
give us any more money
Copy !req
818. to continue before Moynihan,
Copy !req
819. but they just might
Copy !req
820. if we challenge the Declaratory Act
in the High Court.
Copy !req
821. Tell them I'll pay them
to get me out of this courtroom.
Copy !req
822. So what's the next move?
Copy !req
823. I mean, have they
killed us off yet or what?
Copy !req
824. If I were you,
Copy !req
825. I'd instruct us to throw ourselves
on Moynihan's mercy
Copy !req
826. and plead with him
to postpone this debacle
Copy !req
827. and go to Canberra.
Copy !req
828. If Greg's right,
well, then let's face it -
Copy !req
829. we've don't have a choice.
Copy !req
830. And if the law stands, Bjelke's law,
it's all over, right?
Copy !req
831. I know we're broke and it feels like
we've achieved precisely nothing...
Copy !req
832. .. but what we're doing here,
it's monumental.
Copy !req
833. Let's keep a hold of that.
Copy !req
834. We really should
stop meeting like this.
Copy !req
835. How many times?
Copy !req
836. Five. Six maybe.
Copy !req
837. I don't let the kids answer.
Copy !req
838. Same voices?
Nah, different.
Copy !req
839. Blackfella voices or white?
Copy !req
840. I don't know, Koiki.
Copy !req
841. I get that much of a shock,
you know, I can't hear 'em clear.
Copy !req
842. What do they say?
Copy !req
843. Oh, stuff from the movies, you know,
Copy !req
844. like,"We're gonna kill you,"
Copy !req
845. or,"Do you know
where your kids are?"
Copy !req
846. That sort of stuff.
Copy !req
847. I want you to take the kids to Allyson's
for a couple of weeks.
Copy !req
848. I don't want you in the house.
Get away.
Copy !req
849. Do as you're told, Netta.
It's not funny.
Copy !req
850. I'm not laughing.
Copy !req
851. And I'm not going neither,
so you can forget about that right now.
Copy !req
852. I'm getting in this bed same as
I've done every night for 30 years
Copy !req
853. and if you say one more word,
I'm putting cotton wool in my ears
Copy !req
854. and you can shout the house down
for all I care
Copy !req
855. 'cause I'm not gonna hear you.
Copy !req
856. Hey, I'll get it. Don't you touch it.
Copy !req
857. In the lounge.
Copy !req
858. Hello.
Copy !req
859. Eddie? It's Greg.
Copy !req
860. It's good news.
Copy !req
861. The High Court found in our favour,
Copy !req
862. four to three.
Copy !req
863. They've found the Declaratory Act
unconstitutional.
Copy !req
864. Four to three?
Yes.
Copy !req
865. Four... four to three?
Just one vote, hey?
Copy !req
866. Just one.
Not much, but it's enough.
Copy !req
867. Yes.
Copy !req
868. It's enough.
It's enough.
Copy !req
869. Mabo - one. Bjelke - nil.
Copy !req
870. Thank you, Greg.
Congratulations.
Copy !req
871. Thank you.
Copy !req
872. Back on the road, hey?
Copy !req
873. One down.
Copy !req
874. The big one to come.
Copy !req
875. Look at all them geckos.
Copy !req
876. I've never seen that many.
Copy !req
877. They must wait till we're asleep
Copy !req
878. and then come out and
have a party, hey?
Copy !req
879. Shh, go to sleep.
Copy !req
880. What's your word for them?
'Woon-pun'?
Copy !req
881. 'Wanpun'.
Copy !req
882. 'Wanpun'.
Copy !req
883. Meriams say they're
the dead talking to you.
Copy !req
884. Is that right?
You never told me that.
Copy !req
885. Didn't want to spook you.
Copy !req
886. You remember the first time
you saw me?
Copy !req
887. Go to sleep!
Copy !req
888. It was my cousin Mannie's wedding
in Ingham. Remember?
Copy !req
889. I was standing on that chair
hanging up streamers
Copy !req
890. and then I looked over
and you was there in the doorway...
Copy !req
891. .. the sunlight behind you.
Copy !req
892. You were just this silhouette.
Copy !req
893. Beautiful silhouette.
Copy !req
894. I reckon that's moment
I fell in love with you...
Copy !req
895. .. even before I knew
you was gonna make history.
Copy !req
896. Cheeky monkey.
Copy !req
897. Eddie, you do know,
Copy !req
898. once I hand you over
for cross-examination,
Copy !req
899. we're not allowed
to talk to you anymore?
Copy !req
900. That's alright.
Copy !req
901. I'll be fine.
Copy !req
902. I'm not scared of them.
Copy !req
903. Mr Mabo, on the previous occasion,
you were asked,
Copy !req
904. "When did you discover matters
about who your parents were?"
Copy !req
905. And you said,
"I think it was in 1954."
Copy !req
906. Do you remember giving
that evidence, Mr Mabo?
Copy !req
907. Yes.
Copy !req
908. Do you recall living with your father
Robert and his second wife
Copy !req
909. from September 1947
until February 1948?
Copy !req
910. Where was that?
On Murray Island.
Copy !req
911. No, no way.
Copy !req
912. I never, ever lived
on Kiam or anywhere.
Copy !req
913. Have you heard of documents called
social history cards, Mr Mabo?
Copy !req
914. Social history cards?
Copy !req
915. Yes, that were held by
the Department of Aboriginal Affairs.
Copy !req
916. Could you have a look
at this document, please?
Copy !req
917. "Edward Mabo.
Date of birth - 29 June 1936."
Copy !req
918. And underneath that, do you see?
Copy !req
919. "Returned to Zezou Sambo,
20 September 1947 '."
Copy !req
920. That's a load of garbage.
Copy !req
921. You still insist
you didn't go to live...
Copy !req
922. It was 1947 when my father
went to jail on Thursday Island
Copy !req
923. and it was during that time
I went to stay with them.
Copy !req
924. The minute he came out of jail,
I went back to him.
Copy !req
925. Do you remember you said
the first time you knew
Copy !req
926. that Robert and Poipe Sambo
were your natural parents
Copy !req
927. was in 1954 when you saw this in
a book at the schoolteacher's house?
Copy !req
928. Yes.
That's not correct, is it?
Copy !req
929. It is very correct.
Copy !req
930. You went to live with Robert Sambo,
you agreed, in 1947 and 1948.
Copy !req
931. You said the reason was that
Benny Mabo was in jail.
Copy !req
932. That's right,
Copy !req
933. but at that time I didn't know
that he was my biological father.
Copy !req
934. Mr Mabo, you were
11 and a half years of age
Copy !req
935. and you say that you were
unable to absorb the fact
Copy !req
936. that Robert Sambo
was your natural father?
Copy !req
937. I couldn't believe it
until I seen the documents.
Copy !req
938. Mr Mabo, isn't it the fact
Copy !req
939. that you didn't wish Robert Sambo
to be your father,
Copy !req
940. you wished to be
a Mabo on the male line,
Copy !req
941. and you have always
maintained that position
Copy !req
942. in spite of the fact your father
and brother insisted to the contrary?
Copy !req
943. Mr Killoran, long time no see.
Copy !req
944. You got a bit of a drubbing
in there today, I see.
Copy !req
945. Water off a duck's back.
Copy !req
946. Well, you will take on
the might of the state,
Copy !req
947. but you always were one
to get above yourself, Eddie,
Copy !req
948. now I remember it.
Copy !req
949. Eddie, I know Benny Mabo raised you.
Copy !req
950. Everyone up on Murray
knows you're Benny's boy.
Copy !req
951. How would he feel?
Copy !req
952. If Benny were alive today
Copy !req
953. how would he feel watching you make
this big a fool of the Mabo name?
Copy !req
954. How would he face
everyone up on Murray,
Copy !req
955. watching you down here
stuff everything up for everyone?
Copy !req
956. Mr Mabo, do you remember
giving an interview
Copy !req
957. to a newspaper reporter
called John Stanton
Copy !req
958. from 'The Australian' newspaper
Copy !req
959. which appeared in 'The Australian'
on May 28, 1986?
Copy !req
960. Yes, but what I said to him
was not exactly the way he wrote.
Copy !req
961. "If the High Court case succeeds,
Copy !req
962. "he will hold the equivalent
of a coronation
Copy !req
963. "to install himself in his
hereditary position as Aiet."
Copy !req
964. Did you say that as a joke or...
Copy !req
965. As a joke.
As a joke?
Copy !req
966. Because I knew
that will never happen.
Copy !req
967. Mr Mabo, in your original statement,
Copy !req
968. you say,"The council looks to me
Copy !req
969. "for social, political
and legal advice.
Copy !req
970. "This is because of my hereditary title
which I alone can claim."
Copy !req
971. I don't know whether I said that
to the reporter at all.
Copy !req
972. This is your own statement, Mr Mabo.
Copy !req
973. It's in the statement?
Copy !req
974. It's in the statement?
Copy !req
975. "This system still prevails with me
as the modern Aiet.
Copy !req
976. "My arrival on the island rejuvenates
hope amongst the people.
Copy !req
977. "I am their leader, to be
compared to the elected chairman.
Copy !req
978. "I am the leader in the people's memory
according to tradition."
Copy !req
979. Is that some people
on Murray Island?
Copy !req
980. Some people do believe
that would be the case.
Copy !req
981. But others don't?
Copy !req
982. Not everybody does.
Copy !req
983. Not everybody believes that at all.
Copy !req
984. The land that you
have described as Tar -
Copy !req
985. I put it to you that Caroline Modee
has the exclusive use of that land.
Copy !req
986. She has no exclusive use.
Copy !req
987. I suggest to you
Copy !req
988. that the person who is entitled
to use the land called Utirib
Copy !req
989. is Caroline Modee and not yourself
Copy !req
990. or any heir or descendant
of Benny Mabo?
Copy !req
991. I saw how cunningly her genealogy
was mucked up deliberately
Copy !req
992. to show where she come from.
Copy !req
993. The problem is,
is it not, Mr Mabo,
Copy !req
994. that you haven't really
resided in a meaningful way
Copy !req
995. on Murray Island since 1956?
Copy !req
996. They think they can discredit me,
make a liar out of me.
Copy !req
997. They think they can drag my name
through the mud.
Copy !req
998. They say that I only lived
with my mother and father
Copy !req
999. just for social security cheques.
Copy !req
1000. You think that's gonna wreck my case?
Copy !req
1001. They're bloody wrong.
Copy !req
1002. They're bloody wrong
and I'm gonna prove it.
Copy !req
1003. Koiki, you ever thought about...
Copy !req
1004. What if you don't win?
Copy !req
1005. Don't you dare. Don't you dare.
Copy !req
1006. Where are you going?
To the toilet.
Copy !req
1007. I'm talking to you!
You've been talking for hours.
Copy !req
1008. I need to go to the toilet.
You need to listen to me!
Copy !req
1009. I been listening to you
for nine years.
Copy !req
1010. Morning, noon and lunchtime,
that's all you talk about!
Copy !req
1011. These kids, they've been living
Copy !req
1012. on frozen fish and flour
for nine years!
Copy !req
1013. You saying I don't provide?
You saying I don't provide, huh?
Copy !req
1014. Do you want me
to wet myself right now?
Copy !req
1015. Huh!
Copy !req
1016. Oh!
Come here!
Copy !req
1017. Dad! Get away, Dad! Get away!
Copy !req
1018. You gonna do that
to the kids as well?
Copy !req
1019. I'll do it to the whole lot of you
if it gets me a bit of respect!
Copy !req
1020. Put your clothes in a bag.
Copy !req
1021. Go out the back, over the fence,
next door. Wait for me there.
Copy !req
1022. Netta!
Copy !req
1023. Come on, then, if we're going.
Copy !req
1024. Don't wanna be driving at night.
Copy !req
1025. Kids, your father's here! Let's go.
Copy !req
1026. Coming!
Copy !req
1027. Bruise there.
Copy !req
1028. Thank you!
Copy !req
1029. Who says I don't provide, huh?
Copy !req
1030. We got enough fish here
to feed half of Townsville.
Copy !req
1031. Two more, Dad.
Copy !req
1032. Alright.
Copy !req
1033. Don't forget to clean out the esky.
Copy !req
1034. Eddie? I'm Melissa Castan,
Ron's daughter.
Copy !req
1035. Oh, hi.
Hi.
Copy !req
1036. Dad sent me to help out
with the case.
Copy !req
1037. Oh, and there's the news.
Copy !req
1038. Dave Passi's come back
as a plaintiff.
Copy !req
1039. We were told to ask no questions.
Copy !req
1040. I'm sorry.
Copy !req
1041. Good to see you.
Good to see you too.
Copy !req
1042. It looks like our cavalry's arrived.
Copy !req
1043. As an individual, you say you have
a right to the Passi lands.
Copy !req
1044. What do you look towards to say,
Copy !req
1045. "As against the rest of the world,
I have this right"?
Copy !req
1046. My people for hundreds of years
have discovered Murray.
Copy !req
1047. They are the original owners
up to this day.
Copy !req
1048. What if I wanted to go onto
your land, visit, have a picnic?
Copy !req
1049. Or Mrs White or another Islander
such as Meb Salee or Eddie Mabo?
Copy !req
1050. Would they have to ask permission?
They would let us know.
Copy !req
1051. At Giar Pit, the exception to that
is Koiki - Edward - Mabo.
Copy !req
1052. He's one of the zogo le.
Copy !req
1053. He has the right to go to Giar Pit.
Copy !req
1054. I call Mr Patrick James Killoran.
Copy !req
1055. As far as a racial development
of a people is concerned,
Copy !req
1056. in Australia we have integrated
into it, I suppose, traditions
Copy !req
1057. of the piping in of the haggis
of the Scots,
Copy !req
1058. and the Irish have
St Paddy's Day and so on.
Copy !req
1059. The Islanders are no different.
Copy !req
1060. They have their traditions,
of course,
Copy !req
1061. but they've always felt and believed
that they were part of Queensland,
Copy !req
1062. that all the laws of Queensland -
Copy !req
1063. including the land laws
of Queensland,
Copy !req
1064. if I want to be specific -
Copy !req
1065. have applied to them
Copy !req
1066. in the same way they apply
to all other Queenslanders.
Copy !req
1067. The court will now adjourn
Copy !req
1068. for the Honourable Judge Moynihan
to consider his verdict.
Copy !req
1069. How's the case going, Eddie?
Copy !req
1070. Oh, George. We're gonna win it.
Copy !req
1071. No doubt about it.
Good on you, mate.
Copy !req
1072. There is no doubt that
the evidence establishes
Copy !req
1073. that Murray Islanders recognise
Copy !req
1074. the continuance of claims
to garden plots
Copy !req
1075. and recognise or dispute
claims of entitlement by individuals
Copy !req
1076. in respect of these plots.
Copy !req
1077. It seems clear enough
Copy !req
1078. that garden land was primarily acquired
by inheritance
Copy !req
1079. and that that remains the practice.
Copy !req
1080. It is acknowledged by some at least
of Murray Islanders
Copy !req
1081. that there is Mabo land
on the islands.
Copy !req
1082. I am, however, not prepared
to find on the evidence
Copy !req
1083. that Eddie Mabo was adopted as heir
by Benny and Maiga Mabo,
Copy !req
1084. or that Benny transferred land to him
during his lifetime.
Copy !req
1085. Eddie Mabo is, in my view,
Copy !req
1086. quite capable of tailoring his story
to whatever shape
Copy !req
1087. he perceived would advance his cause
in the particular forum.
Copy !req
1088. I would not be inclined
to act on his evidence
Copy !req
1089. in a matter bearing
on his self-interest.
Copy !req
1090. David Passi I found to be
an essentially honest witness.
Copy !req
1091. The Passi family accept that
Passi lands are not divided
Copy !req
1092. but used as a family.
Copy !req
1093. What did I do wrong?
Copy !req
1094. If he found in favour of Dave and James,
what did I do wrong?
Copy !req
1095. You didn't do anything wrong.
Copy !req
1096. Did I claim too much land?
Copy !req
1097. But it's my land.
Copy !req
1098. Queensland fired all their cannons
at you, and he believed them.
Copy !req
1099. You're an easy target.
Copy !req
1100. But why?
Copy !req
1101. Why was I?
Copy !req
1102. In hindsight, perhaps we could have
claimed a bit less on your behalf.
Copy !req
1103. And claiming to be the Aiet...
Copy !req
1104. I don't think it helped.
Copy !req
1105. He thought I was greedy.
Copy !req
1106. Selfish and greedy.
Copy !req
1107. That's how they made it look.
And he believed it.
Copy !req
1108. It's not fair.
Copy !req
1109. It's not stinkin' fair!
Copy !req
1110. He was too articulate.
Copy !req
1111. He'd read too much.
He was just too smart.
Copy !req
1112. He's devastated, Ron.
Copy !req
1113. What are we gonna advise?
Copy !req
1114. Well, we appeal over Eddie's land,
or we destroy terra nullius.
Copy !req
1115. Vision splendid.
Copy !req
1116. You've gotta make
a hard decision, Eddie.
Copy !req
1117. We can appeal Moynihan's findings
on your behalf.
Copy !req
1118. It'll cost money we don't have
and it will take time.
Copy !req
1119. Queensland could tie it up in court
for years.
Copy !req
1120. Or?
Copy !req
1121. We proceed into the High Court.
Copy !req
1122. The findings about
James Rice's garden plots
Copy !req
1123. and Dave Passi's house block,
Copy !req
1124. they're enough for us
to build a case on.
Copy !req
1125. But you'd need to be
separately represented.
Copy !req
1126. If I appeal, it's about
Eddie Mabo's land.
Copy !req
1127. If I don't, and then
you take it to the High Court...
Copy !req
1128. ..it's about all the blackfellas,
isn't it?
Copy !req
1129. That's...
Not just Islanders.
Copy !req
1130. On the mainland too.
Copy !req
1131. We believe the High Court has been
holding this window open for years.
Copy !req
1132. We're afraid that if we delay
any longer, we'll lose the moment
Copy !req
1133. and set the whole cause back
another decade.
Copy !req
1134. And you think you can win?
Copy !req
1135. I'm optimistic.
Copy !req
1136. Maybe I could ask Greg
to represent me,
Copy !req
1137. just, you know, in the High Court.
Copy !req
1138. Thanks, Netta.
Copy !req
1139. Think he would mind?
Copy !req
1140. I think he'd be honoured.
Copy !req
1141. And the name, is it still...
Copy !req
1142. Well, would it be Mabo and Others?
Copy !req
1143. We're not taking your name
off the case, Eddie.
Copy !req
1144. Forget the appeal.
Copy !req
1145. Go to the High Court.
Copy !req
1146. Here we go, mate.
Good luck, eh?
Copy !req
1147. Canberra.
Copy !req
1148. All rise.
Copy !req
1149. A lot of judges.
Copy !req
1150. Mr Castan.
Copy !req
1151. May it please the court,
Copy !req
1152. I appear with my learned friend
Mr BA Keon-Cohen
Copy !req
1153. for the plaintiffs
David Passi and James Rice.
Copy !req
1154. If it pleases the court,
Copy !req
1155. I appear for the first named plaintiff,
Mr Mabo.
Copy !req
1156. What was the status of the natives
Copy !req
1157. immediately after the annexation
by Queensland?
Copy !req
1158. Were they trespassers?
Copy !req
1159. I don't think that matters
too much for our concern.
Copy !req
1160. Does it not follow from
what you've said, Mr Solicitor,
Copy !req
1161. that at any time from
the time of annexation,
Copy !req
1162. that the native population
Copy !req
1163. could lawfully have been
driven into the sea?
Copy !req
1164. It does, Your Honour.
It does, yes.
Copy !req
1165. Mr Solicitor, I just have
some difficulty...
Copy !req
1166. To you, David and James,
Copy !req
1167. everyone on Murray Island.
Copy !req
1168. We did as well as we
humanly could, all of us.
Copy !req
1169. Cheers.
Copy !req
1170. Now we wait.
Copy !req
1171. You alright, Dad?
Copy !req
1172. It's that same pain.
Copy !req
1173. Don't worry.
Copy !req
1174. Oh, darlin'.
Copy !req
1175. Can't sit up. Can't lie down.
Copy !req
1176. Can't sleep with it.
Copy !req
1177. You need to go back to the doctor.
What they gonna do?
Copy !req
1178. "You've got stress -
take another Panadol."
Copy !req
1179. Well, we'll go to another doctor.
Copy !req
1180. I'm sick of doctors! No more doctors.
Copy !req
1181. How was school?
Copy !req
1182. Guess who got 18 out of 20
for her homework?
Copy !req
1183. Well, you're a smartypants,
aren't you?
Copy !req
1184. Netta, I wanna say something to you.
Copy !req
1185. What?
Copy !req
1186. I wish I'd spent more time at home
when the kids were growing up.
Copy !req
1187. I just realised, just recently...
Copy !req
1188. .. what a beautiful bunch of people
they all turned out to be.
Copy !req
1189. I never knew how hard it
was for you to grow 'em up.
Copy !req
1190. I wish I'd...
Copy !req
1191. I'm sorry I didn't...
Copy !req
1192. ..help you more.
Copy !req
1193. You know how you can thank me?
Copy !req
1194. How?
Copy !req
1195. Go back to the doctor, please.
Copy !req
1196. OK?
Copy !req
1197. What sort of cancer?
Copy !req
1198. Hey.
Hello, darlin'.
Copy !req
1199. The kids are here.
Oh, come, come, come in.
Copy !req
1200. Hi, Dad.
Hey.
Copy !req
1201. How are you feeling?
OK, my girl.
Copy !req
1202. Come here, sweetheart.
Hey, Dad.
Copy !req
1203. Mal.
Hey.
Copy !req
1204. Oh, son. What's in there?
Copy !req
1205. Hey?
Just relax, Dad.
Copy !req
1206. This is very unorthodox, I know.
Copy !req
1207. But Eddie's very unwell.
Copy !req
1208. He's very unwell, it seems,
Copy !req
1209. and... I was just wondering
whether there was any chance
Copy !req
1210. of, er, moving the decision
forward a bit.
Copy !req
1211. No, I...
Copy !req
1212. Yes.
Copy !req
1213. Look, I understand.
Copy !req
1214. Well, son, you know what?
Copy !req
1215. I'll just rest for few minutes.
Copy !req
1216. I just wanna catch my breath back.
Copy !req
1217. But youse go on. Mal, go on.
Copy !req
1218. You go for a walk.
Sure?
Copy !req
1219. You go on now, son.
Copy !req
1220. Keep walking.
Copy !req
1221. I just wanna scribble a letter
to them up on Murray,
Copy !req
1222. tell them we're still waiting to hear
from the High Court.
Copy !req
1223. I don't think
we're gonna make it, Ma.
Copy !req
1224. I find for the plaintiffs.
Copy !req
1225. I publish my findings accordingly.
Copy !req
1226. .. of the conflagration
of oppression and conflict
Copy !req
1227. which was to dispossess, degrade
Copy !req
1228. and devastate
the Aboriginal peoples
Copy !req
1229. and leave a national legacy
of unutterable shame...
Copy !req
1230. .. the nation as a whole
must remain diminished
Copy !req
1231. unless and until there is
Copy !req
1232. an acknowledgment of
and a retreat from
Copy !req
1233. those past injustices...
Copy !req
1234. Six members of the court
are in agreement
Copy !req
1235. that the common law of this country
recognises a form of native title.
Copy !req
1236. How's your tea there?
You can have another bickie if you like.
Copy !req
1237. Mal! Mal!
Copy !req
1238. This is the ABC News.
I'm Luke Mynott.
Copy !req
1239. A historic decision was made
in the High Court in Canberra today.
Copy !req
1240. By a majority of six votes to one...
I think so, yeah.
Copy !req
1241. the High Court decided in favour of
a small group of Murray lslanders
Copy !req
1242. in their land claim
in the Torres Strait.
Copy !req
1243. Oh, great news.
Copy !req
1244. far-reaching consequences...
Copy !req
1245. Wonderful news. Congratulations.
Congratulations.
Copy !req
1246. Good on you.
Copy !req
1247. Great news. Great news.
Copy !req
1248. Proud. Very proud.
Copy !req
1249. We did it.
Copy !req
1250. For the first time,
Australia has recognised
Copy !req
1251. the legal existence of Aborigines
prior to white settlement.
Copy !req
1252. The case is a moral victory...
Copy !req
1253. Mabo is an historic decision.
Copy !req
1254. We can make it
an historic turning point,
Copy !req
1255. the basis of a new relationship
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1256. between Indigenous
and non-Aboriginal Australians.
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1257. Yeah! We did it!
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1258. Hello?
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1259. Hello there.
This is Bryan Keon-Cohen.
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1260. Yeah? Uh-huh.
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1261. Huh? Oh! Oh! Oh, my...!
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1262. Hey, big court win!
Hey, big court win!
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1263. Hello?
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1264. Hello?
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1265. After they had left me,
the rest of the night was not so bad.
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1266. I thought about the struggles
I've been through over the past years
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1267. while the rest of Black Australia
waits with me
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1268. for the High Court decision
to be brought down at any time.
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1269. I also thought about how my wife,
the most important person in my life,
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1270. has stuck to me
over many hardships and hurdles,
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1271. but somehow we made it.
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1272. My wife has been
the most adorable person,
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1273. a friend closest to my life,
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1274. a most wonderful lover.
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1275. And we loved every minute
of our lives together.
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