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A Study Guide by Robert Lewis © ATOM 2012 A STUDY GUIDE BY ROBERT LEWIS http://www.metromagazine.com.au ISBN: 978-1-74295-152-2 http://www.theeducationshop.com.au Australia On Trial (Malcolm McDonald, Lisa Matthews and Ana Kokkinos, 2011) is a 3 x 54-minute drama series recreating three historic trials that throw light on aspects of Australia during colonial times. The three high-profile and controver- sial court cases raised major issues of national identity in the developing colonial nation. Each of the cases caused a sensation at the time and at- tracted enormous public interest. Each FROM TOP: CROWN PROSECUTORS ROGER THERRY (JOHNNY MCNAMARA, LEFT) AND JOHN PLUNKETT triggered social and political debate (BRETT CLIMO); JOHN PLUNKETT about subjects at the very heart of Australian society: democracy and justice, the identity and behaviour of Curriculum Applicability Australia’s men, and attitudes to- wards women and Indigenous people Australia On Trial is a resource that – themes and concerns that are still can be used in middle- and upper- relevant to modern-day Australia. secondary classrooms in: Each of the three episodes cov- s ()34/29ASPECTSOF!USTRALIAN ers a separate trial. Episode 1, The COLONIALHISTORYFRONTIERCONFLICT Eureka 13, recreates the 1855 trial of GOLD URBANISATION CRITICALLY the Eureka 13 – the case of thirteen evaluating modern representations ‘diggers’ detained six weeks after the about the settlers’ relationship with OFHISTORY Eureka uprising and ordered to stand Aboriginals in general. s 3/#)%49!.$%.6)2/.-%.4 trial in Melbourne for treason. The %.',)3(THEMESOFJUSTICE ensuing court case would fuel public Drawing extensively on actual court PUNISHMENT MASCULINITY RACE demand for popular democracy and transcripts and journalism from the national identity perhaps led to major changes in the time, each episode recreates not s ,%'!,345$)%3THENATUREOFTHE Victorian constitution. only the trial itself but also the highly criminal trial system charged public and political debate s -%$)!THEDRAMATISED In Episode 2, Outrage at Mount surrounding it. As well as witnessing the DOCUMENTARYFORMAT Rennie, we witness the 1886 trial of drama and intensity of the courtroom, eleven Sydney ‘larrikins’ charged with we see flashbacks of the circumstances 4HISSTUDYGUIDECANBEUSEDTOSTUDY the gang rape of a sixteen-year-old of each alleged crime and hear from key INDIVIDUALEPISODES ORTHEWHOLE orphan, Mary Jane Hicks. This horrific characters to see the ‘bigger picture’ SERIES%ACHEPISODEISEXPLOREDUSING crime came at a time of changes to surrounding each case. these headings: industrialisation and urbanisation in Sydney, leading to unemployment. The Modern historical observer Michael !!SUMMARYOFTHEEPISODE court case put Australian youth, mas- Cathcart is the ‘eyes and ears’ of the "4HEHISTORICALBACKGROUNDOR culinity and violence towards women viewer, contextualising events and CONTEXTTOTHEEVENTSDEPICTEDIN under the spotlight as never before. providing commentary at key junctures the trial to highlight not just what was at stake #7HATHAPPENEDDURINGTHETRIAL In Episode 3, Massacre at Myall Creek, for the defendants, but also for the $4HEMESSAGEORMEANINGABOUT we see the trials in 1838 of a group of colony and the emerging nation state !USTRALIANIDENTITYTHATCANBE settlers involved in the killing of about at large. Ultimately, his aim is to show seen in the trial thirty unarmed Aborigines in northern us that whether it is the nineteenth %4HEEPISODEASAREPRESENTATIONOF © ATOM SCREEN EDUCATION NSW. The massacre was sadly indica- century or the twenty-first, Australians history tive of some white people’s aggressive have been asking themselves the &4HEEPISODEASADRAMATISED attitudes towards Indigenous people in same question: What sort of society DOCUMENTARY the region and raised major questions do we wish to live in? 2 BEFORE WATCHING THE FILM Australia has a criminal justice system that column. Then, after you watch Australia on involves a jury trial for serious offences. Look Trial, you will be able to come back to the table at the table below, and summarise information and complete the ‘Past’ column and see if any about aspects of the system, using the ‘Today’ of these aspects have changed over time. ASPECT TODAY PAST What is the purpose of a jury Who serves on a jury? How are they selected? Who is responsible for prosecuting the accused? What degree or level of proof is required? How is evidence presented? Who is responsible for defending the accused? How is evidence presented? What is the role of the judge? What conditions are trials held under? What is the role of the media? SCREEN EDUCATION © ATOM SCREEN EDUCATION Conclusion: Is it a fair and good system? 3 EPISODE 1 1 2 B: The historical background or context to the events depicted in the trial Sydney of the 1880s included a sub- stantial ring of industrialised suburbs. These were often older and decaying slum areas, where large numbers of people lived in poor conditions and in great numbers. 3 Groups of youths often formed groups, or ‘pushes’. !e Mount Rennie Outrage Before the 1886 case there had been two other widely publicised cases A: A summary of the episode of gang rape – both had occurred in 1883, and the women had been bru- It’s 1886 and in Darlinghurst Courthouse Presided over by Justice Windeyer, tally attacked, raped and killed. nine young men glare down from the the trial attracts unprecedented press dock as an apprehensive but determined coverage. As it plays out, colonies all People in colonial Australia, and par- young woman is called to the witness over Australia erupt into a whirl of pas- ticularly Sydney, were conscious of the box. !is is sixteen-year-old orphan Mary sionate debate and fevered accusation. approaching centenary of the landing Jane Hicks, and these ‘larrikins’ stand Mary Jane Hicks is either a strumpet of the First Fleet in 1788, and many accused of serially raping and possibly or an innocent girl; the young men are were concerned to dissociate them- torturing her in a crime that has obsessed savages or they’re virile Australian-born selves from the ‘convict stain’. They Sydney since the story broke. men; the judge is incompetent or his were keen to show that they were a verdict will stamp out the plague of civilised people, and had not been Miss Hicks, a stranger to Sydney, was sexual violence once and for all. corrupted by the convict stock. looking for work when a cab driver stopped and offered to take her to the By the time the judge brings down his Economically Sydney was prosper- registry office. !e driver then took her verdict and four young men climb to ous, and work was available for all to Waterloo where he tried to assault the gallows for a grisly mass hanging, who would take it, though it was often her. When she screamed, some youths the question on everyone’s lips is: ‘What short-term and unskilled work. – who she believed to be her rescuers – is to become of Australia? Can we ever came to the cab. !is gang, members of be civilised?’ Australian masculinity it- a group known as the ‘Waterloo Push’, self was on trial. 120 years on, the issues © ATOM SCREEN EDUCATION then led her to nearby bushland on raised by the Mount Rennie case remain 1: RAPE VICTIM MARY JANE HICKS (MELISSA KAHRAMAN) TAKES THE STAND 2: CROWN Mount Rennie (now Moore Park) and part of our national debate. PROSECUTOR MR TEECE (STEPHEN PHILLIPS, repeatedly raped her. CENTRE) WITH HIS LEGAL COLLEAGUES 3: THE MEN ACCUSED OF THE MT RENNIE RAPE 4 1 3 2 4 1: ACCUSED RAPIST WILLIAM HILL (JACK NAYLOR) 2: MARY JANE HICKS SWEARS ON THE BIBLE UNDER THE WATCHFUL EYE OF THE COURT ASSOCIATE (RAY TIERNAN) 3: THE MT RENNIE RAPE TRIAL COURTROOM 4: MT RENNIE ACCUSED MICHAEL DONNELLAN (SAM HOWARD) IS JUST SEVENTEEN YEARS OLD. 5: A PACKED COURTROOM WATCHES THE TRIAL. Cathcart usually refers to the Mount 5 Rennie accused as ‘boys’. Do you think this is an accurate description to C: What happened during the C7 What was the attitude of the judge use? Why? trial? during the trial? C16 Having watched the trial, what is C1 What happened at Mount Rennie? C8 Did this influence the trial unfairly? your attitude towards: C2 Who were charged with the Mount C9 What was the outcome? s the prosecution Rennie crime? What did they have in s the defence common? C10 How do you explain the different s the judge attitude of The Bulletin and the other s the jury? C3 What did the prosecution have newspapers to the trial? to prove against each of the men D: The message or meaning charged? Consider these elements: C11 How strong do you think the about Australian identity that evidence was against the accused? can be seen in the trial s their location s their behaviour C12 Was it a popular verdict? The filmmakers chose this case s their intention. because they believe it tells us C13 The jury wanted mercy shown. something important about Australian C4 What was the main prosecution Why do you think it was not shown to society and national identity. evidence? all those who were convicted of the crime? D1 What does the film help you un- C5 How did the defence challenge derstand about: that evidence? C14 The trial was very rushed. Do © ATOM SCREEN EDUCATION you think this was fair? Explain your s the role of newspapers or popular C6 Was it fair to challenge the char- views. media in issues acter of the victim? s the different classes and values in C15 Historical commentator Michael society 5 1 2 1: DEFENCE COUNSEL MR CANAWAY (STEPHEN BALLANTYNE) 2: CROWN PROSECUTOR MR TEECE 3: THE COURT ASSOCIATE READS MARY JANE HICKS’ STATEMENT 4: DEFENCE COUNSEL MR CANAWAY 5: JUDGE WINDEYER (ROBERT VAN MACKELENBERG) 3 4 5 rape trial in 1987 had previously also emphasise, how to present informa- s the law and legal system at this raised questions about Australia’s tion, and so on.
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