| |
G4EBT > STOLEN 10.03.08 13:54l 87 Lines 3392 Bytes #999 (0) @ WW
BID : 8F8199G4EBT
Read: GUEST
Subj: Oz Compensation Appeal Case
Path: DB0FHN<DB0RGB<DB0MRW<DB0ERF<DB0FBB<DB0IUZ<DB0OVN<DB0GOS<DB0RES<DK0WUE<
GB7FCR
Sent: 080310/1030Z @:GB7FCR.#16.GBR.EU #:64333 [Blackpool] FBB-7.03a $:8F8199G4
From: G4EBT@GB7FCR.#16.GBR.EU
To : STOLEN@WW
I'd earlier mentioned the landmark case of Bruce Trevorrow - a member of
the stolen generation, compensated last August for his cruel treatment as
a consequence of government policies on the forcible removal of aboriginal
children from their families.
I've learned that an appeal against the decision to award $775,000
compensation to Bruce Trevorrow is to be launched by the SA State
Government.
South Australia Attorney-General, Michael Atkinson, said that regardless
of the outcome, Bruce Trevorrow would keep his $525,000 compensation and
$250,000 in interest awarded by the Supreme Court in August last year.
Mr Atkinson said the Government was not being "mean-spirited" -it was
just trying to clarify what the state's future liability should be.
"We have no quarrel with Mr Trevorrow - this is a question of what law
is to be applied in future cases," Mr Atkinson said on 28 Feb 2008.
In the Trevorrow case, Supreme Court Justice Thomas Gray found the SA
Government liable to pay compensation for depression. Mr Trevorrow
suffered for much of his life after being removed from his family
and placed in foster care.
Mr Trevorrow brought his action against the state claiming malfeasance in
public office, false imprisonment, breach of duty of care and breach of
fiduciary and statutory duties.
He was 13 months old in 1958 when taken from hospital and given to a
foster family. He was not reunited with his family until 10 years later by
which time his father had died, but that was short-lived - he spent much
of his teenage years in and out of various institutions.
At the time of the outcome of his case, lawyers and legal academics said
they didn't think Mr Trevorrow's case would lead to a flood of new Stolen
Generation cases being lodged with courts across the country, saying each
case was unique and each state had different legislation.
Mr Atkinson said this was a significant case in the state's legal history
which set an important precedent. "We want to be clear on just what the
state's future liability should be," he said.
"Mr Trevorrow has had a harrowing life and the Government understands
that.
"We want to let him get on with his life." Mr Atkinson said that at the
time of the judgment the Government had reserved the right to appeal the
decision itself.
Really, there are two aspects to this:
1) Did the state fail in it's duties to Mr Trevorrow?
2) If so, was the amount of compensation commensurate with that failure?
It would be inappropriate for me or anyone else to comment
further on that until the outcome of the apppeal is known.
Quote of the day:
"Suffer Little Children"
"When you consider that God could have commanded anything he wanted -
anything! - The Ten Commandments have got to rank as one of the great
missed moral opportunities of all time.
How different history would have been had he clearly and unmistakably
forbidden war, tyranny, taking over other people's countries, slavery,
exploitation of workers, cruelty to children, wife-beating, stoning,
treating women - or anyone - as chattel or inferior beings".
(Katha Pollitt in "Stacked Decalogue,"
from The Nation, September 22, 2003)
Best wishes
David, G4EBT @ GB7FCR
Cottingham, East Yorkshire.
Message timed: 10:24 on 2008-Mar-10
Message sent using WinPack-Telnet V6.70
(Registered).
Read previous mail | Read next mail
| |
