 Mundine hits Labor native title appeal
by Amanda O'Brien, West Australian political reporter "That's what was done to the Yorta Yorta people (in northern Victoria and southern NSW). It's now being attempted with the Noongars," he said. "This appeal attacks the concept that the Noongar people even exist. "It is bizarre that courts are even allowed to decide who an Aboriginal is, what is an Aboriginal and what is their culture." The notice of appeal, lodged by the state Government on Tuesday, claims that judge Murray Wilcox erred in law when he found that a single Noongar society existed in Perth at the time of white settlement and that Noongar people today continued to acknowledge and observe laws and customs that are a "recognisable adaptation" of those existing at the time of settlement. The existence of a defined community and the maintenance over time of customs and beliefs is fundamental to native title recognition. Mr Carpenter yesterday defended the appeal, reiterating that the Government was only seeking to obtain clarity in law. "I understand that the Noongar people feel deeply about this issue and are disappointed that the state is appealing," he said. "As I've said to them personally, if I wasn't convinced that we have to appeal to get clarity in the law then I wouldn't appeal." Mr Mundine conceded it was difficult to be ALP national president when a Labor government did something he felt was wrong. "I think Alan (Carpenter) is genuine in his heart when he says he supports native title, but he's been hijacked," Mr Mundine said. "This is all smoke and mirrors, this argument about clarity." The South West Aboriginal Land and Sea Council, which represents the Noongar claimants, said the statements by the Government in its appeal document were contrary to everything it had said publicly. SWALSC chief executive Glen Kelly said the Government was seeking the "non-recognition" of Noongar people. "This appeal is not about seeking clarity in law," Mr Kelly said. "It is about striking out the Noongar claim and removing any ability for the Noongar people to enjoy native title recognition. "The appeal directly challenges the finding that Noongars have a society with laws and customs and have a native title right. "It goes against everything the Premier has said." Mr Carpenter said he had no doubt the Noongars were the traditional owners of the southwest of the state. "They are. I've known that all my life," he said. "But we have to understand quite clearly and with absolute consistency how the law must be applied - not just in this case but in every case." Justice Wilcox found that the Noongar had maintained a connection to the land beyond white settlement in 1829. The claim covers an area of more than 6000sq km.
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