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Palm Islanders spurn damages payment - Lex Wotton Interview Link: http://www.sydneycriminallawyers.com.au/blog/drop-appeal-against-racial-discrimination-ruling-an-interview-with-professor-gracelyn-smallwood/ Media Statement: Lead applicant in the Palm Island Class Action Lex Wotton has spurned the State Government’s intended payment of damages ordered by Justice Mortimer of the Federal Court, pursuant to her judgement in the Class Action over allegedly racially discriminatory conduct by police on Palm Island in 2004. “We’ll accept the payment because the Court has ordered it,” Wotton said, “but thirty pieces of silver cannot wash away the trauma which police caused to Blacks on Palm Island 12 years ago, in connection with and following their flawed investigation of the death of Mulrunji Doomadgee in police custody.” A petition by Adjunct Professor Gracelyn Smallwood, started on 26 January, to agitate against the appeal has already attracted over 17,000 signatures. About 100 Palm Islanders apart from the Wottons are also eligible for compensation for the trauma, which they suffered during the events on Palm Island at the hands of the Queensland Police, whom the Queensland Government and the police are still seeking to avoid the payment of compensation. Indigenous leaders, including Professor Smallwood, whose father was taken from his family and sent to Palm Island, have panned the lack of consultation with the Aboriginal community. Queensland Attorney-General Yvette D’ath has admitted she spoke to the Premier and the police service – but not to any Indigenous elders – about the Government’s decision to appeal before ordering it to be lodged. “In the aftermath of the Court’s decision on 5th December, there was no consultation by the State Government or the police with Indigenous leaders, not even with the Mayor of Palm Island Alf Lacey or with the Palm Island Council,” Professor Smallwood said. “I know the Treasurer and the Minister of Indigenous Affairs Curtis Pitt, and he has told me he was ‘not consulted’ and knew nothing of the decision to appeal. “Minister Pitt’s wife is a Yarrabah woman. “Indigenous people were offered no counselling after they were traumatised by the Police Special Emergency Response Team (SERT) carrying out racially discriminatory orders in 2004. “They were clad in dark balaclavas and brandishing automatic assault rifles, pointed at children and innocent bystanders in their own homes. “The State Government and police still do not want to help – they just want to subdue – Indigenous people. “When Attorney-General D’ath refers to consulting with police, she may have been consulting with her own husband.” According to Palm Islander’s lawyer, Stewart Levitt of Levitt Robinson, in her maiden speech to Parliament on 6 March 2014, the Attorney-General referred to her husband of 25 years as a man, “who inspires me…I wish to acknowledge my husband and the great work he does as a serving Police Officer”. Ms D’ath then went on to acknowledge “all of the serving Police Officers in Queensland”, praising them “and their families”, without any mention of Indigenous people. It appears that “Police do matter but Indigenous Australians do not seem to matter to the Queensland Govenrment,” Lex Wotton said. “We are going to take immediate steps to ensure that Indigenous people who are eligible to vote are immediately enrolled, so that they can influence the outcome of the next election against the State Government.” Wotton noted the seat of Townsville, in which Palm Island is located, is a ‘swing’ seat. “Our community will back a decent independent before we will support this Government,” Wotton continued. “Indigenous people who vote – and not enough of us have done – traditionally support Labor, but Palm Islanders are angry with the Government now. “This is a kick in the face. “This could cost Labor its majority.” According to Professor Smallwood, after the appeal was announced, Treasurer and Indigenous Affairs Minister Curtis Pitt sent her a message stating: “I don’t know anything about this decision, Gracelyn. Will get a brief when I’m back at work…” Then another text message from Pitt stated, “Please rest assured that I’m back at work tomorrow and I have already asked some questions about how this decision was arrived at…” Lawyer Stewart Levitt, for the Wottons, stated that, “it is a sad state of affairs when the Indigenous Affairs Minister is not consulted about a decision which has such a profound effect on the morale and dignity of Indigenous Queenslanders.” In October 2015 the Queensland Supreme Court of Appeal awarded David Bulsey and his partner Yvette Lenoy substantial compensation in their claim brought against the police and the State of Queensland arising out of the same events on Palm Island, awarding them $165,000 and $70,000 respectively, plus interest and costs. Stewart Levitt says the Government’s appeal reflex reflects pro-police and anti-Indigenous prejudice and shows that, “Queensland would rather throw big money at lawyers than spend it on improving the conditions of Indigenous people living in Palm Island, a third world eastern suburb of first world Townsville.” “If the State Government wins the appeal, it has no prospect of recovering its millions of dollars in costs from the Indigenous people of Palm Island,” Levitt said. “The appeal shatters Indigenous People’s new-found glimmer of faith in the judicial system. “If the decision was to be reversed, it would be open season for police to abuse the rights of Indigenous people and for Indigenous people to respond with violent protest rather than through the Courts. “They would be despondent and disillusioned.” “Kevin Rudd was the Queenslander who apologised on behalf of the Australian people to our ‘First Nation’ but in the words of Erich Segal, ‘Love means never having to say you’re sorry’ and Queensland has never put flesh on the bones of the apology.”