Mr Gleeson should resign or Mr Turnbull should withdraw Mr Gleeson’s appointment
Prime Minister Malcolm Turnbull has blundered in appointing Murray Gleeson to the Council charged with advancing indigenous recognition in the constitution, Aboriginal lawyer Michael Mansell said this morning. Mr Mansell said Mr Gleeson, a former Chief Justice of the High Court, “publicly canvassed that Aborigines in Tasmania were extinct. A man who so publicly angered Aborigines by expressing such a view should not be sitting on a national body that has to take the interests of all Aboriginal people into account, including those of Tasmanian Aboriginals.”
Mr Mansell said, “Murray Gleeson appeared as counsel in 1983 for the then Liberal Tasmanian government in the Tasmanian Dams case. The Tasmanian government wanted to build a dam on the Franklin River. The Commonwealth Labour government led by Bob Hawke, opposed the dam’s construction and passed Commonwealth legislation. The Tasmanian government claimed the Commonwealth law was unconstitutional, forcing the Commonwealth to initiate High Court action against construction taking place. Mr Gleeson was appointed counsel for the State.
To the shock of judges, lawyers, the public and especially Aborigines, Murray Gleeson argued in the High Court that the Commonwealth could not rely on the race powers granted by the 1967 referendum because, he claimed, there were no Aborigines in Tasmania. In his submission Mr Gleeson said:
“Now the facts seem to indicate that the Tasmanian Aborigines were a distinct race of people from the race of people who occupied the mainland of the continent at the time of white settlement, and the facts also seem to indicate that the former race is extinct.”
Mr Mansell added, “On that basis, Mr Gleeson concluded the Aboriginal caves, that were eventually returned to Aboriginal ownership under land rights legislation by the Liberal Groom government in 1995, could not be of particular significance to Aboriginal people if they died out in 1876- the racist reference to Truganini being the last Aboriginal.”
Mr Mansell said, “It is not appropriate that a federally established body required to show compassion for Aboriginal people have among its membership someone who has stated such offensive views in such a high profile place as the High Court. At the time in 1983, we had to make our own submission to the High Court to refute Mr Gleeson’s claim.
The appointment also reflects the complete absence of consultation with Aboriginal people. Had we been asked we could have brought this matter to the attention of the Prime Minister which would have saved Mr Gleeson some embarrassment.
We cannot have much confidence that the panel of members will take Tasmanian Aborigines seriously when one of its highly regarded and influential members previously expressed such tasteless remarks toward Aboriginal people.
Mr Gleeson should retire or the Prime Minister should ask him to.”
Michael Mansell Spokesman for Tasmanian Aboriginal Centre
