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How can he steal what he must protect?
Lara Pullin - 07.04.2005 10:23
How can he steal what he must protect?
A jury in Canberra, the Australian capital, took about four and a half hours to find Arubunna tribal elder and indigenous activist, Kevin Buzzacott, guilty of stealing the coat of arms (showing a kangaroo and an emu) from a pillar on old parliament house and Justice Terry Connelly has recorded a conviction and placed him on a twelve month good behaviour bond. How can the custodian “steal” what Arubunna law says he must protect, that which has been appropriated from his people?
"Uncle" Ken Buzzacott (more images at Google search "Images")
The Australian coat of arms
Canberra, Wed Apr 6, 2005, 11:13 pm, Lara Pullin - The queen v's Kevin Buzzacott verdict and sentence.
The jury has taken about four and a half hours to find Arubunna elder and indigenous activist Kevin Buzzacott guilty of stealing the coat of arms from a pillar on old parliament house and Justice Terry Connelly has recorded a conviction and placed him on a twelve month good behaviour bond. During todays proceedings Justice Connelly acknowledged the prior good character of Uncle Kevin and that he has been an honest man, bar the incident before the court. He noted that but for the police raid arresting Uncle Kevin last night at the tent embassy and taking him into custody overnight he had not spent a night in custody ever. Court Liason Officer Paul Brandy stated to the Canberra Times that yesterday was the saddest day in his life, when the police behaved the way they did. But Justice Connelly refused to allow Defence Barrister Lex Linden to discuss the issues leading to or arising out of Uncle Kevin’s leaving custody yesterday, with the judge and the Prosecutor claiming the whole event had been political grandstanding. Anyone who saw Uncle Kevin today could see this wasn’t true and that he is unwell – as his barrister pointed out though it is a ‘sickness’ in reaction to the behavior of the DPP – especially prosecutor Mr. White’s treatment of other elders appearing as witnesses in court yesterday.
Many of the supporters at court today were distressed at police actions yesterday and also that no consideration had been given to recommendations arising out of the royal commission into black deaths in custody – as there was no shortage of volunteers to remain with this respected elder once the tactical response police had taken him to the watch house.
The ceremonial fire from the tent embassy was carried to the courtyard at the rear entrance to the Supreme Court this morning, where it remained (watched from a distance by police, court and later fire officers). And people stayed all day and long into the night – in and out of the court, and talking around the fire. The public gallery was overflowing in court room 2 where the trial concluded, with all seats filed and several people sitting on the floor.
But the courts anger this morning at Uncle Kevin’s failure to return to the courtroom yesterday and subsequent police actions was expressed in overtly hostile ways towards the accused. The trial transcript will make for interesting reading, with defence barrister raising issues of racial discrimination in the way matters had proceded. The Defence case based on the legal facts of invasion, colonization and genocide do not appear to have been addressed at all. How can the custodian “steal” what Arubunna law says he must protect, that which has been appropriated from his people?
Press report posted:
Bond for elder that stole coat of arms
22:06 AEST Wed Apr 6 2005
An Aboriginal elder has been found guilty of stealing the coat of arms from Old Parliament House in Canberra.
Kevin Buzzacott, 58, from South Australia, escaped with a 12 month good behaviour bond after a jury took four and a half hours to find him guilty of stealing the coat of arms in front of television cameras in 2003.
"He was convicted and received a 12 month good behaviour bond," an ACT Supreme Court official said.
About 15 police forcibly removed Buzzacott on Tuesday night from the Aboriginal tent embassy in Canberra after he failed to turn up to court following a lunchtime break during his trial.
The scene turned into a rowdy confrontation between police and about 40 indigenous residents.
Police eventually took Buzzacott from the tent embassy in a caged vehicle to the police watch-house where he spent the night.
Justice Terry Connelly told jurors to put the incident out of their minds, saying they were not relevant to the case.
Buzzacott's lawyer argued the Aboriginal elder believed the cultural objects of indigenous people had been taken without their consent.
Addressing the jury in the ACT Supreme Court, barrister Len Lindon said Buzzacott, who pleaded not guilty to stealing the coat of arms, had not committed the crime of the century when he used a crowbar to prise the bronze coat of arms from the front of the building.
Mr Lindon said neither Buzzacott nor other indigenous people had ever consented to the theft and use of images of the sacred kangaroo and emu on the coat of arms.
"Mr Buzzacott (and other indigenous people) say their lands were taken without their consent, their laws overridden and their cultural objects taken without consent," he said.
"Have the kangaroo and the emu been compulsorily acquired by the Commonwealth? There has been no agreement. No money has changed hands."
Mr Lindon said the defence had sought to subpoena Attorney-General Philip Ruddock to produce various documents but nothing had been forthcoming to show approval had been sought from indigenous people for the use of images of the kangaroo and emu which had been around long before white settlement.
Buzzacott sat quietly in court flanked by security officers.
Prosecutor Jon White said Buzzacott knew what he was doing was wrong but proceeded, regardless, in a bid to become a martyr.
"We say if you want to be a martyr, expect the consequences of martyrdom," he said.
"He wanted to challenge the political mores and the political landscape and he was prepared to take certain action that would bring about a reaction.
"We say it is nonsense to say that Aboriginal people have some kind of copyright in these animals."
Mr White pointed out that the coat of arms also featured a lion and stars of the sky, over which he could have no possible claim.
"A white supremacist's claim on the British lion would have to be judged in exactly the same manner," he said.
©AAP 2005
 http://groups.yahoo.com/group/GreenLeft_discussion/message/16036
http://www.indymedia.nl/en/2005/04/26336.shtml
 E-Mail: savelakecowal@yahoo.com  Website: http://www.indymedia.nl/en/2005/04/26336.shtml and http://groups.yahoo.com/group/GreenLeft_discussion/message/16036
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