A Sorry Saga, or the Saga of Sorry?

[coyote ugly]

LET THE GAMES BEGIN
THE STATE Government says it will not seek an immediate stay of a landmark court ruling awarding an Aboriginal man more than $500,000 for being taken from his family 50 years ago.

Premier Mike Rann said today the government would not immediately challenge the Supreme Court ruling, which awarded Bruce Trevorrow $525,000 for injuries, losses and false imprisonment.

But Mr Rann said government legal advisers were studying the 300-page finding to examine its implications.

"He has been through enough," Mr Rann told reporters.

"The compassionate thing to do is to recognise that and to end any further uncertainty for him.

"This is an appalling case of dispossession. It would be completely inappropriate to prevent Mr Trevorrow from receiving his compensation."

Mr Trevorrow is the first victim of the stolen generation to be compensated by a court.

He was 13 months old when, on Christmas Day 1957, he was taken to an Adelaide hospital after complaining of stomach aches.

Hospital notes tendered to the court show staff falsely recorded the child had no parents, was neglected and malnourished.

Two weeks later, he was given, under the authority of the Aborigines Protection Board, to a woman who later became his foster parent, without the permission of his natural parents.

Mr Trevorrow never again saw his father and it was a decade before he saw other members of his family.


MEANWHILE, political groups today said the court decision to compensate Mr Trevorrow strengthens calls for statutory compensation schemes and a government apology, political groups say.


Democrats senator Andrew Bartlett today said the court's judgment "massively strengthened" the argument for governments setting up statutory schemes to compensate victims.

"It's a key component of the Bringing Them Home report that has never been implemented," Senator Bartlett told AAP.

"I think this should make not just the federal government but most of the state governments to adopt those recommendations, and to act."

It is more than 10 years since the publication of the Bringing Them Home report, which looked into the separation of indigenous children from their families and called for an apology and compensation.

But Prime Minister John Howard has steadfastly refused to do both.

Greens senator Kerry Nettle said the court decision was fantastic.

"I think ideally what would happen now is the prime minister would say sorry and set up a compensation model at a federal level," she told AAP.

"I think this indicates that we need to head in that direction.

"If we don't we're going to have drawn out court battles that will be resolved in the same way this one was resolved.

"So I think it's actually a practical move."



Senator Bartlett said the government's policy of belittling and "insidiously discrediting" the stolen generations had been undermined by the judgment.

Tasmania is the only state to set up a compensation scheme for the stolen generation.



Judgment ' a wake-up call' - Fraser

Former Prime Minister Malcolm Fraser says a court decision to compensate one of the stolen generation should be a wake-up call for the Federal Government.

Mr Fraser today said he was happy with the court's judgment.

"I'm delighted that the court has come to that particular judgment because it underlines very clearly what many people have been saying for far too long, that is that a great injustice was done," Mr Fraser said.

"This, after all, is the basis of why people were wanting and hoping that there would be an apology from the Federal Government.

"I hope it serves as a wake-up call to the government as a whole."

Mr Trevorrow's lawyer and civil libertarian Julian Burnside QC said today the case illustrated beyond a doubt how much damage was done to the stolen generation.

"It's now time for them (the states) to set out a compensation plan that will deal with that," he said on ABC radio.

"It's much more sensible to do it in a way that is consensual, than to do it by litigation."

Aboriginal Social Justice Commissioner Tom Calma said it was an important judgment.

"It does show that people were stolen, were taken away from their families, and have suffered immensely over the years," he said on the ABC.

"And this is the first time the courts have recognised that in a meaningful way."


My case should inspire others - Trevorrow


Speaking outside court yesterday, an "overwhelmed" Mr Trevorrow said he hoped his case would inspire other Aboriginal people taken from their families to "keep on going (and) persevere".

He said he would advise other Aboriginal people who had suffered like him to also take legal action.

"I thought we would never get there but the day came today. I got the peace of mind and closure in my life," he said.


Justice Tom Gray found Mr Trevorrow had been "falsely imprisoned" and that the state's actions had been a "material" cause of his depression.


He found the state had acted without legal authority when it placed Mr Trevorrow with a foster family.

"The Crown solicitors of the time gave advice that the powers to remove Aboriginal children from their parents were limited," he said.

The state had denied it unlawfully removed Mr Trevorrow from his family, arguing that the Protection Board was his legal guardian.

Mr Trevorrow's case is the first successful claim for compensation by an Aborigine removed from their family. Other cases have either been withdrawn or dismissed. In 2002, Darwin Stolen Generation members Lorna Cubillo and Peter Gunner took their claim for compensation to the High Court, after losing their claim in the Federal Court, but lost.

Last year, Tasmania became the first state to offer compensation to Aborigines taken from their families.

Mr Trevorrow's brothers, Tom and George, said yesterday was "significant" not just for their family but for "Aboriginal people all over".

Mr Trevorrow's lawyer, Julian Burnside, QC, said outside court he was "delighted".

"I'm thrilled for Bruce's sake. Bruce's life has been blighted by what happened to him as a youth and a child and I really do think this is going to help heal him," he said.

Mr Burnside said the case was about "seeking justice for one person who had been dealt with very badly by the state as an infant and a child".

Mr Trevorrow said he would use the money to pay off his house.

[sasquatch]

The govt thought they were doing the right thing at the time. Do you know how those children were treated? NO , back then they did. No Sorry from me just a black day for Australia that I want to erase from my memory forever. And to think I voted Labor

go and join tent city in the parklands!!

You tool.

[overloaded]

The govt thought they were doing the right thing at the time. Do you know how those children were treated? NO , back then they did. No Sorry from me just a black day for Australia that I want to erase from my memory forever. And to think I voted Labor

go and join tent city in the parklands!!

You tool.

now that it what I'd call the pot calling the kettle black (pardon the pun)

[rangerbob]

why should we say sorry for a past government mistake, are they going to apologise for everything our governments have done wrong to other people in the past, i dont think so.

[Dog_ger]

What a mine Field this topic is.

I am not wise enough to comment on this topic.

[redden whites]

Asbestos sufferers fighting for compensation and recognition.......heroes
Armed forces personnel fighting for compensation and recognition after being used as lab rats during British nuclear testing ......heroes
Voyager disaster sailors still seeking compensation and recognition ......heroes

Stolen generation.............scammers apparently

Well done Mr Rudd.I hope it helps a lot of people what happened today.This country still has a lot of work to do.

[Sheik Yerbouti]

I just saw it & thought it was terrific, good to see the nungas at least get some sort of justice. Like dogger I don't have the nouse to know all the heres & theres or compensation issues but the TV coverage swung me..............well until the cheesecloth brigade went running in hugging & disrupting the groups of aboriginals who looked like they were trying to just come to terms with what had happened, just a fluke that the media cameras were pointed that way at the time.

[Psyber]

On Brisbane TV, national nine news ran a phone poll about whether people agree with the apology. Only 24% supported the apology! Before I get up on the soapbox with a 'typical bloody Queenslanders' rant I would like to know if a similar poll was run on SA TV last night and what the results were.

24 percent!

regards,

REB

In other words 76% of people who watch National Nine News and bother to ring phone polls disagree with it. Nothing to worry about.

The figures on Yahoo's polls ran 61% against the apology and are running 80% against any compensation payments.

I agree the 9 News, this Yahoo stuff , and the SA poll, are all small, self-selected sampling, and don't mean a lot by themselves.

[Psyber]

Psyber, the front page of today's Australian has a story which makes it clear that today's apology has no bearing whatsoever on any compensation case.

Flogging a dead horse.

But do the "Aboriginal Alliance" believe that? My post was a quote from their representative that suggests not, so their horse is not dead!

I have not offered an opinion of my own here.

[Psyber]

So now that we've said sorry, will the bashings in Port Lincoln streets now stop......

Martin Bryant,Julian Knight,Adelaide Bikies,Ivan Milat,Private School teenagers at Oakbank??
Pathetic effort WCP irrelevant link to the issue ......

you wouldnt be saying that if you lived in port lincoln

Wash your mouth out - don't you know only whitefellas do bad things for racist motives - and even if others do it is justifiable.......

I have seen two people recently whose life story included being repeatedly bashed in childhood by older aboriginal children because they were white. One said she had 3 fingers broken in one incident when she was 8. [The city socialists only see one side of the wrongs.]

[Dog_ger]

I just saw it on the news.

Looks very powerful to those that it affects.

[redden whites]

So now that we've said sorry, will the bashings in Port Lincoln streets now stop......

Martin Bryant,Julian Knight,Adelaide Bikies,Ivan Milat,Private School teenagers at Oakbank??
Pathetic effort WCP irrelevant link to the issue ......

you wouldnt be saying that if you lived in port lincoln

Wash your mouth out - don't you know only whitefellas do bad things for racist motives - and even if others do it is justifiable.......

I have seen two people recently whose life story included being repeatedly bashed in childhood by older aboriginal children because they were white. One said she had 3 fingers broken in one incident when she was 8. [The city socialists only see one side of the wrongs.]

Gee the us Whiteys have had it tough all these years.I am pretty sure one side has copped a hell of a lot more than the other lot since 1788 .

[Aerie]

I think saying sorry has been a great thing for our country to move forward. Officially recognizing the wrongs of the past is important to many of the stolen generation and the indigenous people in general. Irrelevant of whether the government at the time thought they were doing the right thing by the country in general, or even some individual cases, it wasn't fair and it was brutal to the people who were here first.

That's a simplistic view anyway.

How can you say sorry or compensate people who have had their lives and the way they live turned upside down? Any country (or groups of people) that has been invaded or any person that has been treated wrongly will have some resentment deep down that may or may not ease with time.

In my view, as much money that is needed needs to be spent (compensation if you like) on the indigenous communities and more importantly an understanding of what these communities want and need while respecting their values and traditions is the least that can be done. At the same time, there are basic human rights that are non-negotiable and I guess this is where some things get a little complicated.

All Australians should have the same opportunities and be treated with the same respect no matter the colour of their skin. Hopefully today's events give indigenous Australians some satisfaction and a belief that they can move forward in the knowledge that their country understands, or at least recognizes, the hardships that they've had to endure. Hopefully the people of Australia never again treat people badly because of the colour of their skin and instead treat individuals on their merits.

What's done is done and it's time to move forward. History has been written and for better or worse, things have changed. For some Australians moving forward will be easy, for others it will be hard, but hopefully they have the will to make the most of the opportunities that are now (or should be now)/will be available.

[gadj1976]

Psyber, the front page of today's Australian has a story which makes it clear that today's apology has no bearing whatsoever on any compensation case.

Flogging a dead horse.

hehehe, tell the courts that.

And Johnny Howard was a legal eagle, and he said at some point he knew admitting guilt (by saying sorry) basically opened up the chance of compensation.

I was told by a lawyer once, if you're in a car accident, never say sorry because it admits you were in the wrong, meaning you would be at fault and thereafter trying to prove the other person's guilt is nigh on impossible. That's just what I was told. I have no idea if it holds water but I'd be interested if anyone is in the industry to know if that does in fact stack up.

[Psyber]

Psyber, the front page of today's Australian has a story which makes it clear that today's apology has no bearing whatsoever on any compensation case.

Flogging a dead horse.

hehehe, tell the courts that.

And Johnny Howard was a legal eagle, and he said at some point he knew admitting guilt (by saying sorry) basically opened up the chance of compensation.

I was told by a lawyer once, if you're in a car accident, never say sorry because it admits you were in the wrong, meaning you would be at fault and thereafter trying to prove the other person's guilt is nigh on impossible. That's just what I was told. I have no idea if it holds water but I'd be interested if anyone is in the industry to know if that does in fact stack up.

What you need is someone objective and unbiased in the industry - that is harder to achieve.

[Psyber]

Wash your mouth out - don't you know only whitefellas do bad things for racist motives - and even if others do it is justifiable.......

I have seen two people recently whose life story included being repeatedly bashed in childhood by older aboriginal children because they were white. One said she had 3 fingers broken in one incident when she was 8. [The city socialists only see one side of the wrongs.]

Gee the us Whiteys have had it tough all these years.I am pretty sure one side has copped a hell of a lot more than the other lot since 1788 .

That doesn't justify any violence really... unless you agree with me above!?

[Andy #24]

Psyber, the front page of today's Australian has a story which makes it clear that today's apology has no bearing whatsoever on any compensation case.

Flogging a dead horse.

hehehe, tell the courts that.

And Johnny Howard was a legal eagle, and he said at some point he knew admitting guilt (by saying sorry) basically opened up the chance of compensation.

I was told by a lawyer once, if you're in a car accident, never say sorry because it admits you were in the wrong, meaning you would be at fault and thereafter trying to prove the other person's guilt is nigh on impossible. That's just what I was told. I have no idea if it holds water but I'd be interested if anyone is in the industry to know if that does in fact stack up.

What you need is someone objective and unbiased in the industry - that is harder to achieve.

Gadj I can tell you the apology has no legal effect whatsoever, I've already explained to Psyber in more detail in the politics thread that an admission can be used as evidence whereas otherwise it would be inadmissable as hearsay. Cases are decided on facts which are well known and no light is shed upon them by the apology. Howard was good at twisting things.

Psyber, the people in the article want compensation. Did they say they were going to sue for it? The horse is rotting by now mate.

[Psyber]

Psyber, the front page of today's Australian has a story which makes it clear that today's apology has no bearing whatsoever on any compensation case.

Flogging a dead horse.

hehehe, tell the courts that.
And Johnny Howard was a legal eagle, and he said at some point he knew admitting guilt (by saying sorry) basically opened up the chance of compensation.

I was told by a lawyer once, if you're in a car accident, never say sorry because it admits you were in the wrong, meaning you would be at fault and thereafter trying to prove the other person's guilt is nigh on impossible. That's just what I was told. I have no idea if it holds water but I'd be interested if anyone is in the industry to know if that does in fact stack up.

What you need is someone objective and unbiased in the industry - that is harder to achieve.

Gadj I can tell you the apology has no legal effect whatsoever, I've already explained to Psyber in more detail in the politics thread that an admission can be used as evidence whereas otherwise it would be inadmissable as hearsay. Cases are decided on facts which are well known and no light is shed upon them by the apology. Howard was good at twisting things.

Psyber, the people in the article want compensation. Did they say they were going to sue for it? The horse is rotting by now mate.

I hope so because if a scrabble for megacash evolves the way the previous government feared, and the way that quote from the "Alliance" read, it will ruin all chance of a better outcome. I do believe that what follows should be a united effort to provide the health, educational, and welfare outcomes and equality that have not been achieved before, despite the lip service of several former federal governments, and I hope the money doesn't get diverted from that into lining individuals' pockets like it did in some cases in the past through tokenist "aboriginal" organisations.

I liked this:
http://afc.com.au/Season2007/News/NewsA ... wsId=55239

[GWW]

http://www.theaustralian.news.com.au/st ... 46,00.html

Pretty much says Rudd's apology wont have any influence on compensation.

[Psyber]

"However, Ms O'Connor urged the federal Government to establish a statutory compensation scheme as the most equitable method of compensating members of the Stolen Generations who could not succeed in court."

I would prefer to see signifigant money put into a fund for the health, education, and future welfare, of all aboriginal people.
Otherwise we could find ourselves bogged down in arguments for statutory compensation schemes for all sorts of other causes that could not win in court.