The Trials of an Anti-Racist Organization
in the Northern TerritoryPress Release - May Day 2000
UPDATE
WHY OUR APPEAL
REALLY FAILED
What actually happened?
I was told I could (and did) apply and pay the NT courts for extensions of time for ADC appeals. Extensions of time that I was then told, do not exist under the Anti-Discrimination Commission Act (I have the receipts.)
That this 'legal technicality' did not surface until after four pre-hearing conferences and four court cases, is indicative of the incompetence - or panicked state of the ADC - who court officials rely on for advice regarding the Act.This incompetence also prevented me from getting some appeals in on time and put us through unnecessary expense and hardship for five months. Is the Commissioner of the ADC is ignorant of the Act? Or was this a deliberate ploy to sabotage my appeals? I believe the latter.
The law firm that acted for the Respondents was Whitnell and Maley.
Peter Maley is now contesting the safe Country Liberal Party seat of Goyder - which includes the Cox Peninsula.
Senior Constable Brett Funnell v Kunbarllanjnja Community Government Council an example of the sort of cases deemed acceptable by the NT Anti-Discrimination Commission and an insight into the NT Police Force role in Aboriginal Communities
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PARIAH
was established in 1998 to expose the blatant racism that is endemic
in the Northern Territory.
Mick Lambe, PARIAH’s Co-ordinator, has lived out bush on the Cox Peninsula for ten years, on land 'under claim' by local Aboriginal people. The Kenbi Claim. He is considered "family and a member of the Belyuen Community" - by local Aboriginal people . PARIAH’s Co-ordinator is a person described by NT Police (NT Supreme Court 1996) as an "alternative life styler.” His circular stone house is situated between the non-Aboriginal, racist-led township of Cox Peninsula and (eight kilometres away) his nearest neighbours, the Aboriginal Community of Belyuen. A common theme in the NT is that non-Aboriginal people should not interfere in Aboriginal affairs. A theme mainly espoused by non-Aboriginal people busily oppressing and exploiting Aboriginal people. In particular, the politicians and bureaucrats who comprise the tradracist Country Liberal Party. The CLP have been in power for 26 years. The only political party to have ever held power in the NT. PARIAH has attempted
to expose and combat racism through the NT This ongoing political persecution has obviously not encouraged witnesses to support PARIAH. It has, as intended, resulted in people being afraid to associate with us. *
PARIAH attempted to appeal four ( of 10 ) complaints dismissed by the NT Anti-Discrimination Commission - February, March 2000. These ten complaints were rejected for reasons that make no logical sense - (all 'decisions' erred in law and fact) - apart from political bias by the ADC's new Commissioner -Tom Stodulka. Mr Stodulka was appointed by NT Chief Minister, Denis Burke to replace Dawn Lawrie, halfway through the complaint process by PARIAH members - exposing systemic racism in the NT. The treatment of PARIAH members by the ADC changed radically once Tom was installed. Magistrate Lowndes, dismissed appeals against these rejections (after four court appearances). The following is a submission to Magistrate Lowndes - with minor changes for clarification - prior to his dismissal of our appeals.
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Submission to Magistrate: Chronology 1. Complaint
S20 (Discrimination) against the Mandorah Hotel. Management introduced
a ‘dress-code’ to (in their own words) "Keep the blackfellas out." The
only other social venue - in this remote area - is the Kox Kountry Klub.
They have had a Whites Only policy for over ten years. 2. Complaint
S20 against Cox Peninsula Community Government Council. Obscenities were
bellowed at PARIAH's Co-ordinator (during a CPCG Council meeting) for
asking a question about racism on the Cox Peninsula - relating to the
Mandorah Hotel and the Cox Country Club, 15 June 1998. The CPCC Town Clerk,
refused PARIAH's Co-ordinator the right to speak. 3. Complaint
S20 against (the individual) who bellowed obscenities during the CPCG
Council meeting. (After three interviews with NT Police resulted in no
action being taken.) Rejected - 21 December 1999. 4. Complaint
S23 (victimisation) against Cox Peninsula Community Government Council.
The CPCG Town Clerk, approached the (Federal) Australian Communications
Authority to harass PARIAH members (claiming we were on their land)
at our home of seven years. Six weeks later the Dept.
of Land Planning and Environment issued a Trespass Notice. (See complaint
6.) 5. Complaint
S23 against an individual who threatened PARIAH members after a conversation
with the individual who bellowed obscenities at the CPCG Council meeting.
(See complaint three.)
6. Complaint
S23 against Dept. of Land Planning and Environment. Supposedly, an“anonymous"*
phone call informing the DLPE that Mick was "annoying local residents"*
was judged enough grounds to issue him with a Trespass Notice at his home
of seven years, (3 December, 1998) The Minister for the DLPE, Tim Baldwin,
stated, (when contacted by ‘phone) "You are thumbing your nose at us."
*
Facts supplied by the NT Ombudsman. 7.
Complaint S23 against the Dept. of Local Government. A Community Development
Officer, drove out to a PARIAH member's home, but left when challenged
by their dog. Later this vehicle was seen at the CPCG Office where the
CDO was ensconced with the CPCG Town Clerk.
When
asked what he was doing at an isolated home outside his area of concern
- he lied - a fact verified by a witness (now a witness for the Respondents)
in a sworn statement. Rejected - 20 July 1999. 8. Complaint
S23 against the CPCG Council. A water tax was decided upon, "for one or
two non-residents," by the CPCG Council. PARIAH members are the only "non-residents"
who buy water in the town. Other residents who complained of the non-payment
of this new tax, are hostile to PARIAH's anti-racist politics.
A
close friend of (and witness for) the obscene interjector (Complaint 3
) initiated the water tax for PARIAH members. The same
day that the DLPE issued their Trespass Notice
( 3 December 1998 )- See complaint 6. Rejected - 7 December 1999.
9. Complaint
S23 against the CPCG Council. PARIAH's Co-ordinator was Deputy Captain
and Public Officer of the Cox Peninsula Volunteer Bushfire Brigade, until
the CPCG Council, forbade the Brigade from meeting at the CPCG Council
Office - because of Mick's membership. He was accused of having criminal
propensities, by a Council employee, in an Open Letter 10. Complaint
S23 against the Cox Peninsula Volunteer Bushfire Brigade.
An Open Letter,
7 June 1999, complaining of the CPCG Council's victimisation of Mick Lambe
was approved and authorized by members of the Brigade. Pressure from the
CPCG Council and the Bush Fires Council then resulted in all of these
parties conspiring to expel PARIAH's Co-ordinator from the Brigade.
The letter of expulsion was
typed up, before the meeting to expel Mick took place. This undemocratic,
political persecution, took place two weeks after the eviction attempts
against PARIAH failed in Court - due to Aboriginal support. Rejected
- February 2000.
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