On Friday 11 August 2000 Justice O’Loughlin handed down his judgment on the two stand out claims of people who said they were members of the Stolen Generations. And he, when he was a barrister, had frequently acted for Aboriginals, rejected these two outstandingly unlosable Stolen Generations cases brought by Lorna Cubillo and Peter Gunner. Why?
The following week after the judgment was handed down, , Nicholas Hasluck, in his book Bench and Book, reveals that one of the chair of the Bring Them Home Report, Sir Ronald Wilson, went on the attack at those findings, which had to meet the high judicial standard of proof on the balance of probability and not the sloppy, the person claiming to be a victim must be believed standard that his enquiry set. The Bring Them Home Report, after all knew what its findings were going to be before it started.
Nicholas Hasluck tells us what appeared in the paper the following Friday 18 August 2001:
An article in The Sydney Morning Herald by Sir Ronald Wilson. The Cubillo/Gunner ruling is a travesty, he declares. A compensation tribunal headed by Lois O'Donoghue should be set up to hand out damages for all the wrong-doing that took place. Here is one man who clearly won't accept the umpire's verdict.
Flash forward 11 months to Wednesday 6 June 2001 when Nicholas Hasluck told us this, which he sets out in his book:
An absolutely incredible discovery! While at the airport to catch a flight to Sydney, I chance upon the latest edition of The Bulletin. The cover story presents a picture of Sir Ronald Wilson and the headline: Second Thoughts on the Stolen Generation. The article, by the reporter Patrick Carlyon, sets out some astonishing admissions. 'With hindsight,' Wilson says, 'it was a mistake to use the word genocide.' What was that? 'No, you haven't misheard,' the reporter Carlyon affirms. 'Wilson is sorry for the most shocking finding in Bringing Them Home, the verdict that elevated Australian practices and policies to levels of evil associated with Hitler and the monsters of Rwanda.'
Elsewhere in The Bulletin story, Sir Ronald goes on to say that the Inquiry was careful to ensure that everything it did was in line with Indigenous aspirations. The findings were supported by 'evidence' but without having to go to that further level of proof which would stand up in a court of law.
The article reveals far more than the interviewee may have intended. It is open to the interpretation that Sir Ronald's Report was moulded to suit a pre-determined outcome, being little better than rhetoric masquerading as judicial method. Perhaps Sir Ronald and others will realise at last that by joining unsubstantiated allegations of genocide with demands for reconciliation they have prejudiced the possibility of any genuine consensus about the past, and clouded their push for an apology. I can't help wondering whether my correspondence played some part in compelling him to moderate his earlier position.
And I keep asking myself, why do I feel like we’ve been had?
So let’s see what the findings of a proper judge, going to that further level of proof which Sir Ronald said he didn’t do, found about the claims of the two outstanding examples of the Stolen Generations.
Tag words: Justice O’Loughlin; Federal Court of Australia; Stolen Generations; Lorna Cubillo; Peter Gunner; Nicholas Hasluck; Bench and Book; Bring Them Home Report; Sir Ronald Wilson; The Bulletin; Patrick Carlyon; Melinda Richards; Mick Dodson; The Leydin memorandum; the Milliken tests; Mrs McLeod; Topsy Kundrilba; Eileen Mosely; GK; Elizabeth Hollingworth;