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   S T O L E N  G E N E R A T I O N 
           
       
 
  Turning Point 
Aug 2000
          .
                       
                       by John Zulaikha 
 top         11 August 2000 "STOLEN GENERATIONS RULING"  
         
 
Lorna Cubillo and Peter Gunner were separated from their families and placed in institutions. The separations were carried out under the Commonwealth's Aboriginal Ordinance, which was put in place in 1918 and existed for almost 40 years. 

The two applicants are seeking compensation for loss of family and culture. 

At 2.42 AEST, Friday August 11 2000, the Federal Court in Darwin handed down what is likely to be a landmark decision regarding the Stolen Generations. Justice O'Loughlan announced:

"As the result of my findings, each of the claims that have been made by Mrs Cubillo and by Mr Gunner must be dismissed". Federal Court Justice Morris O'Loughlan.
 
         
 "The importance of documentation"
       
 
The outcome realised is that the preparation and delivery of documentation' will play a far more crucial role in future cases.

I was attracted to the 'butterfly' effect of documentation lying in both directions, either way it got away.

         
 
There were several documents including thumbprint documentation accepted as evidence that proved Peter Gunner's mother gave approval. Accordingly, Peter was taken lawfully. 
 
There was lack of documentation for Lorna Cubillo as to "why" she was taken, but without documentation Justice O'Loughlan could not assume further. Justice O'Loughlan said, "The obligation was on Mrs Cubillo to satisy the court that the director had failed to act in accordance with the provisions of Section 6".
 
Justice Morris O'Loughlan also stated, "I accepted Mrs Cubillo's evidence, that she was viciously assaulted, by a missionary of the staff of the home".

Justice O'Loughlan also said, "I accepted his evidence that he was the victim of a sexual assault by one of the missionaries". 

Ref: Federal Court Darwin broadcast 'live' ABC Television Friday August 11 2000 at 2.30pm
           
 "The importance of accountability" 
       
 
Was there written evidence or witnesses for Justice O'Loughlan to accept these assaults? 

And as wards of state, is not the government liable or accountable to 'care' for them?

 top          

 
  . . .
.
Kim Beazley said, "Not good enough, this has got to change."
. .
.
. . .
 top          UPDATE REPORT 24 August 2000"A Turning Point!"  
 
Landmark announcements
from our former Prime Minister 
Malcolm Frazer
       
"There was a racist policy that aborigines 
or part aborigines 
were to be assimulated, 
mingled with whites or bred out" 
said Malcolm Frazer
 
Malcolm Frazer
 "... the basic objective 
was therefore not achieved"
        In answer to my question: "And as wards of state, is not the government liable or accountable to 'care' for them?" the former Prime Minister of Australia Malcolm Frazer addressed the question of care and responsibility of the government [this Thursday 24th of August on the 7.30 Report ABC] saying, 
"The purpose of it was for the child to be given a good education in a decent environment and brought up in western ways. I believe that, many of the institutions in which these mixed blood people were put were inadequate, the teachers did not have proper qualifications and that the basic objective was therefore not achieved in a great number of cases. I think the duty of care should have extended to make sure that the institutions were themselves run properly"


Malcolm Frazer has outdone himself this evening with the most eloquent speech. A speech that could have only come from a profound realisation - possibly resulting after a journey of questioning the values and traditions of his own culture, to arrive and accept the unspoken truths, and re-state them for the world to hear. That there was a hidden agenda, a planned dilution solution of the black problem... to divide absorb and conquer.

Acknowledgement of the true 'hidden' story - speaking openly of the underlying Australian government policies - with quotes and references of law in support - I suggest Malcolm Frazer crossed the 'point of no return' - and shifted the last cornerstone of the old regime, giving me the feeling the remaining political walls days are numbered. 

It was a humbling speech.

For me, it's not a matter of 'sorry' anymore for the Stolen Generation, it has gone way beyond that -- there needs to be completion otherwise there will be no rest. We can thank Johnny Howard for being so stubborn that Malcolm had to dig up the 'other' story only to return with a real heart stopper on the eve of the Olympic Games.

Bringing the story into the light 
will go towards healing the wounds of the past, 
and restore the true heart of this nation... 
as I like to see it, Uluru.

 
  . . . .   . . . . .  John Zulaikha 
LINKS
       
 
 For the full story: here! [ABC 7.30 Report]
 For the latest news:  here! [ABC Lateline]
 If you have Real Player then you can look and see it all:  here!
 View this mult-list of stories:  here!
                   

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