TUCKIAR ON TRIAL AT REV COSTELLO: WHEN JUSTICE FANNIE RAY GOAL & MERCY MEET

In 1934 a young Yolgnu When justice and mercy meet will man named Tuckiar was be the theme of this year’s Law arrested and charged with Week luncheon address to be the murder of a Darwin presented by one of ’s 100 police constable and faced National Living Treasures, the spending the rest of his life Reverend Tim Costello. in Fannie Bay gaol. Over Reverend Tim Costello, lawyer and sixty years later Fannie Bay Baptist minister, is well known in gaol will again come alive Australia for his stance on social justice with his story in a colourful issues. re-enactment of Tuckiar’s Trial by the NT Criminal He is the Director of the Urban Mission Lawyers Association. Unit for the Collins Street Baptist Church in Melbourne, spokesperson for Using slides, music, drama and the Interchurch Gambling Taskforce, a script including lines from the member of the Australian Earth Charter original court transcript of the Committee, a Council member for the trial the story ofTuckiars Trial Australian Centre for Christianity and will unfold under the stars on Culture and an Ambassador for the May 19 and 20 as a feature of Council for Aboriginal Reconciliation. this year’s Law Week. Mr Tom Pauling QC describes the stage design for Born in Melbourne in 1955, Tim The script is extensively based the performance ofTuckiars Trial at Fannie Bay Costello studied law at Monash on materials provided by His gaol on May 19 and 20 to Mr Rex Wild QC. university and subsequently practicised Honour Justice Mildren of the as a solicitor in family and criminal law. Supreme Court of the and ’s book Justice Territory, convicted and sentenced to All Their Own. The Director of Public be hanged.His murder conviction was Prosecutions Mr Rex Wild QC has appealed to the High Court of been the driving force behind the Australia and the verdict was quashed. production. Tuckiar’s case is most cited in relation The story of the trial is a tale from a to the obligation of counsel to provide time in the Territory marked by racial an adequate defence in all tension and hostility. circumstances of the case. At the time ofTuckiars story several A play reading of the Trial was murders had taken place, including the included in the program of the killing of Japanese trepang fishermen Crimainal Lawyers Conference in Bali In 1981 he travelled with his wife and the murders of two white men at last year. Woodah Island. Merridie to Switzerland to study The performance prompted a call on theology and was ordained as a Baptist The tension culminated with the the Northern Territory government to Minister in 1987. He worked at the St spearing of Police Constable McColl urgently establish an interpreter Kilda Baptist Church, opened a drop- on 1 August 1933. A considerable service for Aboriginal Territorians. in centre and worked in a legal practice outcry followed the Constable’s death for those for whom the law is normally resulting in the Administrator at the Tickets for the play at Fannie Bay goal inaccessible. time calling for a “strong will be free, though bookings must be demonstrative force” to quell the made with the Law Society to ensure He was elected Mayor of St Kilda unease. a seat. Territory students are Council in 1965, and later was particularly encouraged to attend the presented a Distinguished Citizen Tuckiar, the accused in the murder of performance on Friday 19 May. Award by the City of Melbourne. the Constable as well as the two men at Woodah Island, was brought to Saturday’s performance will conclude When not involved with church and Darwin by missionaries with his with an end-of-play party. Tickets for community activism, Rev. Costello alleged fellow co-offenders for trial. the party will be available at a cost to enjoys reading, political and He was eventually tried in the be advertised via bulletin and flier theological debate, films, basketball Supreme Court of the Northern shortly. and football.

Page 6 — April 2000