Massacre order poster on coloniser statue in court test
Pasting a piece of paper to a controversial former governor's statue is not protected by freedom of political communication, a judge has ruled.
Activist Stephen Langford stuck a piece of A4 paper with former NSW governor Lachlan Macquarie's 1816 order to imprison and kill First Australians on a statue of the man himself located in Hyde Park.
The message stuck on the statue quoted from the order and read "all Aborigines from Sydney onwards are to be made prisoners of war and if they resist they are to be shot and their bodies to be hung from trees in the most conspicuous places near where they fall so as to strike fear into the hearts of surviving natives".
Langford had been found guilty on seven charges of affixing a placard or paper on premises without consent at the Downing Centre Local Court, before appealing that verdict.
But Judge Christine Mendes dismissed that appeal in the District Court on Thursday, declaring an implied constitutional right of freedom of political communication did not mean the law could be ignored.
Archival records show Macquarie's military actions included the slaughter of Aboriginal people including women and children, with little regard for human life or the rules of combat.
Yet the statue describes him as a "perfect gentleman".
Langford said the court decision was "unsatisfactory" and he remained "enraged" by the statue.
"There remains rubbish information on the statue, it's just lauding him," he told AAP.
"I'm not saying he was the worst in the world … but on a statue you have the truth, not bloody bollocks."
Judge Mendes found free political communication did not deny lawmakers the right to sanction trespassers in order to protect public property.
But she accepted his rights had been burdened by the law and acknowledged his stance as "commendable".
"For many citizens, Mr Langford's interest in raising public awareness about the legacy of Australia's colonial history and the absence of First Nations perspectives of history in the public domain is highly commendable," Judge Mendes said.
Wiradjuri woman Yvonne Weldon, the first Aboriginal councillor in the City of Sydney's 180-year history, said she stood with Langford and commended his advocacy.
"There is not a single publicly funded statue commemorating a First Nations person in the City of Sydney … meanwhile there are more than two dozen statues around the city centre commemorating colonial figures," she said.
"This imbalance is unacceptable and it reflects the erasure of First Nations history, culture and perspectives more broadly."
In 2023, Cr Weldon pushed for a review of inscriptions on 25 statues to address offensive descriptions of colonial figures' deeds.
But Langford said no council action had followed.
"Nothing has happened, that's my main beef," he said.
"It's meant to be democratic what we have at town hall … I'm asking them to put the truth on the statues."
Lilli Barto, who was one of a group of supporters with Langford in court, said the outcome showed the priorities of the "colonial legal system".
"The state would rather expend months worth of police resources and court resources prosecuting a man over a glue stick and a bit of paper ... than to just change the plaque on the statue and actually acknowledge the violence," she told AAP.
Judge Mendes dismissed Langford's charges without conviction.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Perth Now
an hour ago
- Perth Now
Girls targeted as numbers of deepfake images double
Sharing of explicit deepfake images of underage Australians has doubled in the past 18 months, prompting warnings from government and education leaders. Figures released on Friday show complaints to the federal eSafety Commissioner's image-based abuse reporting line have surged, with four out of five cases involving female victims. Commissioner Julie Inman Grant believes the rapid rise in reporting among young people may only reveal part of the problem, warning the numbers did not represent "the whole picture." "Anecdotally, we have heard from school leaders and education sector representatives that deepfake incidents are occurring more frequently, particularly as children are easily able to access and misuse nudify apps in school settings," she said. Deepfakes refer to digitally altered images of a person's face or body and young women and girls are often targeted in a sexual manner. The use of artificial intelligence has made accessibility much easier for perpetrators. "With just one photo, these apps can nudify the image with the power of AI in seconds," Ms Inman Grant warns. "Alarmingly, we have seen these apps used to humiliate, bully and sexually extort children in the school yard and beyond. There have also been reports that some of these images have been traded among school children in exchange for money." It's a deeply concerning trend, Asher Flynn, Associate Professor of Criminology at Monash University, says. She said the situation is complex and stressed that responsibility for addressing the issue does not lie solely with leaders, students, teachers, or parents, but also with major tech companies. "(We need) to hold tech companies and digital platforms more accountable," Dr Flynn told AAP. "We can do this by not allowing advertisement of freely accessible apps that you can use to de-clothe people or to nudify them." She acknowledged that some progress is being made but emphasised the need for clearer and stricter regulations around what can be promoted and accessed online. Educating parents and children to identify and understand the complexity of deepfakes is also vital, Dr Flynn says. "These technologies are available and we can't ignore them," Dr Flynn says. "It's really important to also have that round table conversation, so everyone knows this is what can happen and what the consequences of doing that are for someone." Laws cracking down on the sharing of sexually explicit AI-generated images and deepfakes without consent were recently introduced to federal parliament. Meanwhile, multiple reports have emerged of deepfake images being circulated in schools across the country, including an incident where explicit deepfake images of 50 Melbourne schoolgirls were created and shared online last year. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028
Canberra Times
3 hours ago
- Canberra Times
Indigenous teen 'robbed of life' as killers face jail
It was no surprise that an attack by a group of non-Indigenous adult men on a group of predominantly Aboriginal children using racial slurs that resulted in a boy's death would have been interpreted as racially driven, he said.
The Advertiser
3 hours ago
- The Advertiser
Indigenous teen 'robbed of life' as killers face jail
A murdered Indigenous teenager who was chased into bushland and beaten to death was robbed of his life and promise in an act of brutality, a judge says. Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius's murder, was found guilty of manslaughter. Chief Justice Peter Quinlan said the teenage victim showed great promise from a young age and was a natural-born leader with a sense of community that pointed to a bright future. "Cassius Turvey was robbed of his life and of his promise ... all because you killed him Mr Brearley," he said on Friday as he delivered his sentencing remarks. "You cut short Cassius Turvey's life in an act of aggression, violence and brutality, which, regardless of the sentences I impose today, can never be made right. "You too are responsible for his death, Mr Palmer and Mr Forth, in different ways." Justice Quinlan also addressed claims the attack on Cassius was racially motivated, saying the killers used racial slurs to refer to him and other children he was with. It was no surprise that an attack by a group of non-Indigenous adult men on a group of predominantly Aboriginal children using racial slurs that resulted in a boy's death would have been interpreted as racially driven, he said. "That fear is real and it is legitimate," Justice Quinlan said. But the convicted killers were not monsters, rather they were humans informed by their life histories who had committed horrendous crimes, the judge said. He also noted how the case had revealed the disturbing normalisation of violence in the community. The victim's mother, Mechelle Turvey, earlier said her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. Forth and Palmer were accused of aiding him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near a field, and Cassius and some other "terrified school kids" fled into bushland. It was there that Brearley caught up with him before the teen was knocked to the ground and hit in the head with a metal pole, causing bleeding in his brain. Justice Quinlan is due to deliver the sentences later on Friday. 13YARN 13 92 76 Lifeline 13 11 14 A murdered Indigenous teenager who was chased into bushland and beaten to death was robbed of his life and promise in an act of brutality, a judge says. Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius's murder, was found guilty of manslaughter. Chief Justice Peter Quinlan said the teenage victim showed great promise from a young age and was a natural-born leader with a sense of community that pointed to a bright future. "Cassius Turvey was robbed of his life and of his promise ... all because you killed him Mr Brearley," he said on Friday as he delivered his sentencing remarks. "You cut short Cassius Turvey's life in an act of aggression, violence and brutality, which, regardless of the sentences I impose today, can never be made right. "You too are responsible for his death, Mr Palmer and Mr Forth, in different ways." Justice Quinlan also addressed claims the attack on Cassius was racially motivated, saying the killers used racial slurs to refer to him and other children he was with. It was no surprise that an attack by a group of non-Indigenous adult men on a group of predominantly Aboriginal children using racial slurs that resulted in a boy's death would have been interpreted as racially driven, he said. "That fear is real and it is legitimate," Justice Quinlan said. But the convicted killers were not monsters, rather they were humans informed by their life histories who had committed horrendous crimes, the judge said. He also noted how the case had revealed the disturbing normalisation of violence in the community. The victim's mother, Mechelle Turvey, earlier said her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. Forth and Palmer were accused of aiding him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near a field, and Cassius and some other "terrified school kids" fled into bushland. It was there that Brearley caught up with him before the teen was knocked to the ground and hit in the head with a metal pole, causing bleeding in his brain. Justice Quinlan is due to deliver the sentences later on Friday. 13YARN 13 92 76 Lifeline 13 11 14 A murdered Indigenous teenager who was chased into bushland and beaten to death was robbed of his life and promise in an act of brutality, a judge says. Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius's murder, was found guilty of manslaughter. Chief Justice Peter Quinlan said the teenage victim showed great promise from a young age and was a natural-born leader with a sense of community that pointed to a bright future. "Cassius Turvey was robbed of his life and of his promise ... all because you killed him Mr Brearley," he said on Friday as he delivered his sentencing remarks. "You cut short Cassius Turvey's life in an act of aggression, violence and brutality, which, regardless of the sentences I impose today, can never be made right. "You too are responsible for his death, Mr Palmer and Mr Forth, in different ways." Justice Quinlan also addressed claims the attack on Cassius was racially motivated, saying the killers used racial slurs to refer to him and other children he was with. It was no surprise that an attack by a group of non-Indigenous adult men on a group of predominantly Aboriginal children using racial slurs that resulted in a boy's death would have been interpreted as racially driven, he said. "That fear is real and it is legitimate," Justice Quinlan said. But the convicted killers were not monsters, rather they were humans informed by their life histories who had committed horrendous crimes, the judge said. He also noted how the case had revealed the disturbing normalisation of violence in the community. The victim's mother, Mechelle Turvey, earlier said her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. Forth and Palmer were accused of aiding him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near a field, and Cassius and some other "terrified school kids" fled into bushland. It was there that Brearley caught up with him before the teen was knocked to the ground and hit in the head with a metal pole, causing bleeding in his brain. Justice Quinlan is due to deliver the sentences later on Friday. 13YARN 13 92 76 Lifeline 13 11 14 A murdered Indigenous teenager who was chased into bushland and beaten to death was robbed of his life and promise in an act of brutality, a judge says. Cassius Turvey, a Noongar Yamatji boy, died in hospital 10 days after he was deliberately struck to the head in Perth's eastern suburbs on October 13, 2022. Jack Steven James Brearley, 24, and Brodie Lee Palmer, 30, were convicted in May of murdering the 15-year-old after a 12-week trial. Mitchell Colin Forth, 27, who was also on trial in the West Australian Supreme Court for Cassius's murder, was found guilty of manslaughter. Chief Justice Peter Quinlan said the teenage victim showed great promise from a young age and was a natural-born leader with a sense of community that pointed to a bright future. "Cassius Turvey was robbed of his life and of his promise ... all because you killed him Mr Brearley," he said on Friday as he delivered his sentencing remarks. "You cut short Cassius Turvey's life in an act of aggression, violence and brutality, which, regardless of the sentences I impose today, can never be made right. "You too are responsible for his death, Mr Palmer and Mr Forth, in different ways." Justice Quinlan also addressed claims the attack on Cassius was racially motivated, saying the killers used racial slurs to refer to him and other children he was with. It was no surprise that an attack by a group of non-Indigenous adult men on a group of predominantly Aboriginal children using racial slurs that resulted in a boy's death would have been interpreted as racially driven, he said. "That fear is real and it is legitimate," Justice Quinlan said. But the convicted killers were not monsters, rather they were humans informed by their life histories who had committed horrendous crimes, the judge said. He also noted how the case had revealed the disturbing normalisation of violence in the community. The victim's mother, Mechelle Turvey, earlier said her son was a gentle giant who was unjustly taken from his family and his death "left a void that will never be filled". The trial heard Brearley delivered the fatal blows while "hunting for kids" because somebody had smashed his car windows. Forth and Palmer were accused of aiding him in the common purpose, along with Aleesha Louise Gilmore, 23, who was acquitted of a murder charge. The attack on Cassius followed a complex series of events that started on October 9 when Forth, Brearley, Gilmore and another man allegedly "snatched two kids off the street" before punching, kicking and stabbing one of them. Four days later, Brearley and his co-accused allegedly armed themselves with metal poles pulled from shopping trolleys before climbing into Palmer's ute and driving off to search for some youths. About the same time, Cassius and a group of about 20 fellow students caught a bus to the same area to watch a fight being talked about on social media. Brearley, Forth and Palmer intercepted them near a field, and Cassius and some other "terrified school kids" fled into bushland. It was there that Brearley caught up with him before the teen was knocked to the ground and hit in the head with a metal pole, causing bleeding in his brain. Justice Quinlan is due to deliver the sentences later on Friday. 13YARN 13 92 76 Lifeline 13 11 14
