STUDYGUIDE ANITRA NELSON ANITRA NELSON GUIDE STUDY 1 ROBERT CARLYLE ROBERT IN A RE-ENACTMENT OF IN AND KERRY FOX KERRY ; THE ADELAIDE NEWS ) IS FAST MAKING A NAME FOR HIMSELF WITH HIS PAPER WITH HIS PAPER A NAME FOR HIMSELF MAKING ) IS FAST THE STORY This was a landmark case in Australia’s history. The story revealed the depth lack and White (2002), directed by Craig Lahiff, is a feature fi lm based on a of institutionalised racism in Australia’s true Australian story. Rupert Max Stuart was in his tent when the police came recent history as well as the persistence BEN MENDELSOHN Bto question him. Max was black. The policemen were white. This community of demands for justice. Above all, Black was divided into ‘dark people’ and white people. It was Ceduna (South Australia) at and White is about justice, or rather the Christmas time, 1958. A few days earlier a nine-year-old white girl, Mary Olive Hat- lack of it. tam, had been raped and murdered. Max was interrogated and later charged with the assault. He was tried and found guilty. His sentence was death. CURRICULUM LINKS Black and White will engage students The case against Max was not ‘black escalated as it was taken to higher from mid-secondary through to terti- ) HAS BEEN ARRESTED FOR THE RAPE AND MURDER OF A NINE-YEAR-OLD GIRL IN THE FAR WEST DESERT TOWN OF CEDUNA; MAX STUART SEEN HERE MAX STUART TOWN OF CEDUNA; WEST DESERT THE FAR A NINE-YEAR-OLD GIRL IN AND MURDER OF THE RAPE ARRESTED FOR ) HAS BEEN and white’. It was murky grey. At the courts of appeal in and fi nally out of the ary levels in a wide range of courses trial the police produced a ‘confession’. land—to the Privy Council in Britain. from the Arts, Humanities and Social The recollections of the witnesses did Campaigners to give the Aborigine a Sciences: Studies of Society and not hang together. The story Max told ‘fair trial’ oscillated between arguing Environment, Cultural Studies, Media changed. The intense drama played Max’s innocence or guilt and objecting Studies, Religious Studies, Aboriginal out through 1959 exposed South Aus- to the rights and wrongs of the death and Torres Strait Islander Studies, His- DAVID NGOOMBUJARRA DAVID tralia’s culture, law, and politics in many penalty. tory, Criminal and International Law, shades of grey more often than in black Politics, Sociology, Language and and white. Culture, Philosophy, Human Rights and Colonial Studies. For instance, Fiercely defended by legal aid, the with respect to the VCE Contempo- controversy surrounding Max’s case rary Australian Society (Study Design, THE ACCUSED MAX STUART ( ACCUSED MAX STUART THE WHAT MAY HAVE HAPPENED WHEN HE WAS ‘INTERVIEWED’ BY POLICE FOR HIS CONFESSION; A YOUNG RUPERT MURDOCH ( YOUNG RUPERT A ‘INTERVIEWED’ BY POLICE FOR HIS CONFESSION; WAS WHEN HE HAPPENED HAVE MAY WHAT CLOCKWISE FROM TOP LEFT: CLOCKWISE FROM TOP LEFT: 2 MIDDLE: AS MURDOCH. ROBERT CARLYLE CARLYLE ROBERT Board of Studies, 2000) this fi lm is most below and follow up on certain refer- BOTTOM: relevant to themes raised in the units 3 ences for further detail. and 4—‘Community and society’ and ‘Citizenship and globalisation’—that We have developed a range of back- explore concepts of community, eth- ground material to help teachers pre- nicity, identity, national culture, and pare students for a screening of Black citizenship. Similarly, with respect to the and White and to support discussion NSW English Stage 6 Syllabus (www.b tention on just one or two of the many of major topics afterwards. There is oardofstudies.nsw.edu.au), Black and questions that Black and White raises. a chronology of events that will be White provides content for discussions Another way to avoid overwhelming useful for all teachers and students. and analyses of: ‘change’, in terms of students is to provide classes with It has been expanded from a simple perceptions and perspectives; timeline to provide detail that falls ‘powerplay’ between people and outside the specifi c content of the what kind of power they represent; fi lm but that is signifi cant in terms and ‘truths’, authority and evidence. of context and other curriculum Indeed the Hon. Justice Michael links. Clearly other sections in this Kirby (29 July 2002) encouraged study guide will relate more or less ROBERT CARLYLE ROBERT all Australians to see Black and to distinctive courses, depending AND White precisely because the issues on their focus. Although certain STARS AS HELEN DEVANEY, A SHARP YOUNG FEMALE LAWYER; IN THE COURTROOM. THE COURTROOM. IN YOUNG FEMALE LAWYER; A SHARP AS HELEN DEVANEY, STARS it raises are relevant today. sections have been titled in a dis- ciplinary way, teachers will need to FOX KERRY Introduced and supported by back- scan all the material in this guide for FOX KERRY ground material, Black and White further relevant points. Questions can be used by teachers in a range and activities for students have of ways. The fi lm is an excellent discus- a systematic exploration of the case been highlighted with bullet points. sion starter but provides rich content appropriate to the discipline and level. for detailed analyses too. Teachers are This means that teachers need draw strongly advised to focus students’ at- only selectively on background material LEFT) AND THE RUPERT OUTCOME MURDOCH AWAIT OF THE TRIAL; JOHN GREGG, JOHN GREGG, ROHAN RIVETT ( TOP L-R: 3 CHRONOLOGY Justice Reed and Roderic Chamberlain 6 May 1959: O’Sullivan puts Stuart’s is the Queens Council (QC). O’Sullivan’s case against his conviction and sen- This chronology is based on the history legal partner, Miss Helen Devaney, tence in an appeal to the Full Court of presented in The Stuart Case by K.S. helps him represent Stuart. The sug- the Supreme Court of South Australia. Inglis (Black Inc. Books, Melbourne, gestion is made that the police forced It is turned down. Stuart is due to hang 2002 edition). Some of this detail is a false confession from him: Stuart on 22 May. not mentioned or highlighted in the makes a personal statement declaring fi lm but is signifi cant to most thematic his innocence. 14 May 1959: A Catholic priest, the Rev. discussions of the case. Father Thomas Dixon—who speaks 24 April 1959: Stuart’s native tongue—comes forward The jury decides Stuart STARS AS ROMA CHAMBERLAIN, WIFE OF CROWN PROSECUTOR RODERIC CHAMBERLAIN AS ROMA CHAMBERLAIN, STARS 20 December (Saturday 11.30pm) 1958: the is guilty and Mr Justice Reed explains with well-substantiated suspicions to body of Mary Olive Hattam is found. that under South Australian criminal challenge the veracity of Stuart’s ‘con- Dr Kathleen Thompson examines the law he has no choice but capital pun- fession’ to the police. body. ishment. HEATHER MITCHELL HEATHER 20 May 1959: Stuart gives notice of a 22 December (Monday night) 1958: Rupert motion to apply for special leave to Max Stuart (27) ‘confesses’ to the mur- appeal to the High Court. His execu- der to the police. Black trackers, Sonny tion is delayed another four weeks to Jim and Harry Scott, are brought in. 19 June. 21 January 1959: Stuart attends a pre- 18 June 1959: Mr Justice Reed grants liminary hearing of the case against Stuart a further stay until 7 July. him in a police court at Ceduna sup- ported by legal aid from Adelaide, Mr 19 June 1959: The High Court refuses J. D. O’Sullivan (a leader in the newly Stuart leave to appeal. It is clear that formed Democratic Labor Party). only public opinion and a political LEGAL TEAM DAVID O’SULLIVAN AND HELEN DEVANEY; O’SULLIVAN TEAM DAVID LEGAL commutation of his sentence can 20 April 1959: Stuart pleads not guilty save Stuart. when his case is heard in the Supreme Court in Victoria Square, Adelaide. The 27 June 1959: Around 50 people includ- TOP-BOTTOM: TOP-BOTTOM: Crown’s case takes three days to put ing the expert University of Adelaide and no witnesses appear for the de- Professor T. G. H. Strehlow (author of 4 fence. The court is presided over by Mr Aranda Traditions) attend a meeting to ) ) SOON REALIZES HIS ‘OPEN AND SHUT’ CASE IS ‘OPEN ) SOON REALIZES HIS JOHN GREGG the case a costly step further—to the Judicial Committee of the Privy Council in London. They gain support from the CARLYLE ROBERT Adelaide News. 17 July 1959: Stuart is baptised a Catholic. ( O’SULLIVAN DAVID 24 July 1959: The Archbishop is con- sulted and Dixon is allowed to seek BOTTOM L-R: BOTTOM witnesses associated with the fun-fair ). begin formally the campaign to sup- now travelling in Queensland. Subse- government leave to appeal in the case port Stuart’s fi ght for a just trial and quently, Dixon posted Devaney three of a white man, John Whelan Brown, WITH ROHAN RIVETT ( HEADLINE THE DAILY ) MULLS OVER punishment. statutory declarations made by the who was found guilty of murder but is fun-fair manager Mr Gieseman and to be given mercy on the grounds of After that gathering, the Attorney- his wife, and by Betty Hopes, who had insanity! DAVID NGOOMBUJARRA DAVID General meets with Stuart’s support- worked on a stall with Stuart at the time BEN MENDELSOHN ers—Strehlow, Dixon and the Dean of that it was indicated the murder had 30 July 1959: Reed grants Stuart a the University of Adelaide’s Faculty of taken place. further respite, to 31 August, after an Law, Professor Norval Morris—and a application from the Crown. The case is petition prepared by O’Sullivan and 28 July 1959: The Judicial Committee attracting more appeals Australia wide signed by Stuart is received by the of the Privy Council hears O’Sullivan and agitation in Parliament to commute MURDOCH ( RUPERT Chief Secretary.