Rupert Maxwell (Max) Stuart ( c. 1932 – 21 November 2014) was an Indigenous Australian who was convicted of murder in 1959. His conviction was subject to several appeals to higher courts, the Judicial Committee of the Privy Council , and a Royal Commission , all of which upheld the verdict. Newspapers campaigned successfully against the death sentence being imposed. After serving his sentence, Stuart became an Arrernte elder and from 1998 till 2001 was the chairman of the Central Land Council . In 2002, a film was made about the Stuart case.
72-573: Stuart was born at Jay Creek in the MacDonnell Ranges , 45 kilometres west of Alice Springs in the Northern Territory , probably in 1932. It was a government settlement which for a time in the late 1920s and early 1930s included 45 children from a home named " The Bungalow " (37 of whom were under the age of 12) who were all temporarily housed in a corrugated shed, with a superintendent and matron housed separately in two tents. Jay Creek
144-662: A Royal Commission . In August 1959 a Royal Commission, the Royal Commission in Regard to Rupert Max Stuart , was convened by the South Australian government . The Commission was appointed to enquire into matters raised in statutory declarations regarding Stuart's actions and intentions, his movements on 20 December 1958, and why the information in the declarations had not been raised in the Supreme Court or another authority before
216-486: A 14-day stay; this appeal also failed, however. By the time the Privy Council had rejected Stuart's appeal, Father Dixon had questioned the funfair workers, none of whom had appeared at the trial, and had returned with statements from Mr and Mrs Gieseman and one of the workers, Betty Hopes. This led to a petition demanding that the death sentence be carried out but the controversy forced Premier Thomas Playford IV to call
288-441: A Federal ordinance had been passed that permitted "half-castes" to drink, but they were required to apply for a "certificate of exemption". These were commonly referred to as "Dog Licences" by Aboriginal people. Stuart had been jailed on more than one occasion for supplying alcohol to "full-bloods". The ban was rarely enforced in rural towns. However, since 1958, Ceduna had been combating a perceived alcohol-related "native problem" and
360-469: A Supporting Role. The final scene of this film was the last scene from the 1993 docudrama Blood Brothers – Broken English , directed by Ned Lander. The makers of the movie were divided on whether Stuart had killed Mary Hattam. The Supreme Court of South Australia provided assistance to the producers of the film with the Court's Historical Collection Library producing an exhibition on the case that coincided with
432-503: A cigarette. He was then informed that the execution would take place at 8 am the following morning. Father Dixon was requested to keep Stuart calm and he visited him that night. Asked if he was afraid, Stuart replied he would not be if Dixon stayed through the night, and Dixon agreed to do so. Not long after, Stuart was informed that during the afternoon, O'Sullivan had lodged an appeal to the Privy Council in London and Justice Reed had issued
504-562: A court official to read the statement on his behalf was refused, so Stuart was only able to make a short statement in pidgin English: "I cannot read or write. Never been to school. I did not see the little girl. Police hit me, choke me. Make me said these words. They say I kill her." This led the prosecutor to claim that Stuart's failure to give evidence was proof of guilt. Stuart had no choice but to refuse to testify. Under South Australian law, Stuart's prior criminal history could not be brought before
576-523: A highly developed sign language . Arrernte religion and cultural life were documented thoroughly from the late nineteenth century by the Lutheran missionary Carl Strehlow, the seminal Australian anthropologists Walter Baldwin Spencer and Francis Gillen and later by T. G. H. Strehlow. The Arrernte men worked with Strehlow to document their songs and ceremonies between 1932 and 1974. Arrernte oral history discusses
648-587: A major role in Premier Playford's decision to commute Stuart's sentence to life imprisonment. Playford's daughter, Margaret Fereday, recalled arguing with him on the issue, calling him a "murderer". Playford gave no reason for his decision, and the case was one of the principal events leading to the fall of the Playford government in 1965. The News , edited by Rohan Rivett and owned by Rupert Murdoch , campaigned heavily against Stuart's death sentence . Because of
720-454: A nine-year-old girl, disappeared near the South Australian town of Ceduna (pop: 1,200), 768 km (477 mi) from Adelaide . Hattam had been playing on the beach between Ceduna and Thevenard with her brother Peter and their friend Peter Jacobsen. The two boys had left at 2:30 pm to collect a tub to use as a boat but had been distracted and failed to return. At 3:45 pm Jacobsen's father, who had been fishing, pulled his boat up at
792-425: A number of times for breaches of his parole between 1974 and 1984, he married and settled at Santa Teresa , a Catholic mission south-east of Alice Springs. Human rights lawyer Geoffrey Robertson QC said of the case: It was a dramatic and very important case because it alerted Australia to the difficulties that Aborigines, who then weren't even counted in the census , encountered in our courts. It alerted us to
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#1732854528268864-518: A retrial. Printed alongside Evatt's statement on the front page was one by the South Australian Police Association intended, it said, to inform the public "of the real facts". This statement claimed that Stuart was not illiterate and spoke "impeccable English". It also claimed that Stuart was legally classified as a white man and cited a record of offences that are not offences when committed by an Aboriginal person. It also recounted
936-464: A small story with the headline, Petitioners Run a Race with Death . By now supporters and opponents of the death penalty were debating in the two newspapers' Letter to the editor sections, but there was little concern expressed over Stuart himself. When H. V. Evatt , federal leader of the opposition, intervened, the news was featured on the front page of the 3 July edition of The News . The campaign so far had been for commutation, but Evatt argued for
1008-484: A travelling funfair, "Fun Land Carnival", had been on the previous day. The following day police brought to the site another black tracker, Harry Scott, who came to the same conclusions as Sonny Jim. Both trackers claimed that the footprints had been made by a member of a Northern Australian tribe who had spent some time living with white people. The local Aboriginal community lived at the Lutheran mission at Koonibba which
1080-614: A trial in Darwin where Stuart had defended himself, personally cross-examined witnesses in English, and given evidence himself. O'Sullivan, Stuart's solicitor, wrote a reply refuting the Police Association claims; this was published the next day, citing the fact that Stuart's police record included seven convictions for "Being an Aborigine, did drink liquor", and pointing out that the President of
1152-742: A youth, and became an Arrernte elder . Stuart subsequently became an active figure in Central Australian Aboriginal affairs, in particular with the Lhere Artepe native title organisation. Stuart was chairman of the Central Land Council (CLC) from 1998 to 2001. In 2000, as chairman of the CLC, Stuart welcomed the Queen to Alice Springs and made a presentation to her. in September 2001, Stuart
1224-469: Is a simplified, Australian English approximation of the traditional pronunciation of the name of Arrernte [ˈarəɳ͡ɖa] . The ancestors of the Arrernte all spoke one or more of the many Arrernte dialects in the Arrernte group of languages . Today several are completely or nearly extinct, but some (especially Eastern or Central Arrernte) are widely spoken and taught in schools. The Arrernte also had
1296-572: The Nation , a fortnightly magazine. There was further reporting on the case in the Sydney Morning Herald and then Adelaide afternoon newspaper, The News , took up the issue. Had police claimed the typed confession summarised what Stuart had said there would have been little controversy; however, the six policemen who had interrogated Stuart testified under oath that the document was Stuart's "literal and exact confession, word for word." One of
1368-600: The Aranda , Arunta or Arrarnta , are a group of Aboriginal Australian peoples who live in the Arrernte lands , at Mparntwe ( Alice Springs ) and surrounding areas of the Central Australia region of the Northern Territory . Many still speak one of the various Arrernte dialects . Some Arrernte live in other areas far from their homeland, including the major Australian cities and overseas. Arrernte spirituality focuses on
1440-588: The Northern Territory in Australia. It was once the home of The Bungalow and, as such, is strongly associated with the Stolen Generations . The settlement is now largely abandoned and is considered a ghost town and it is a significant site for many Aboriginal people who were sent to The Bungalow or later sent there when it became a Reserve and their descendants. This includes many Arrernte , Luritja and Pitjantjatjara people . The site of Jay Creek
1512-761: The Supreme Court of South Australia was rejected in May 1959. His appeal to the High Court of Australia in June 1959 also failed, although the High Court observed that "certain features of this case have caused us some anxiety." The prison chaplain was unable to communicate with Stuart due to his limited command of English and called in Catholic priest Father Tom Dixon who spoke fluent Arrernte due to having worked on mission stations. Dixon
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#17328545282681584-546: The 'senior dormitory girl'. In 1932 there were 57 children at Jay Creek and this rose to 100 following the arrival of a group of boys from Pine Creek Home . The girls were all expected to complete domestic work and dressmaking and, additionally the older girls were responsible for caring for the younger children and making sure that they were cleaned and changed. The boys were expected to carry water, as water continued to be an issue on site, cut wood and act as goat herds. In 1932 The Bungalow returned again to Alice Springs, to
1656-456: The 1993 four part Blood Brothers documentary series, Broken English – The Conviction of Max Stuart was directed by Ned Lander . It is a docudrama which contains interviews with key figures in the Stuart case that alternates with dramatised recreations. Lawrence Turner plays Max Stuart with Hugo Weaving , Noah Taylor and Tony Barry co-starring. Originally intended to be a documentary on
1728-497: The Adelaide screening of the film. The film's producer, Helen Leake has reported that Stuart's response to seeing the film was, "It ain't half bad, but it's a long time to wait between smokes." A 2006 documentary Sunset to Sunrise (ingwartentyele – arrerlkeme) featured Max Stuart at his Lila Creek (Arrernte: Ananta) campsite (his ancestral home). Filmed from sunset to sunrise, Arrernte Mat-utjarra and Mu-tujulu elder Stuart discusses
1800-671: The Commission concluded that Stuart's conviction was justified. On 22 June 1959, Father Dixon contacted Charles Duguid , who ran the Aborigines' Advancement League, to discuss Stuart's situation. On 27 June, a meeting of the League, university teachers, clergymen and representative of the Howard League for Penal Reform was held in Duguid's Magill home, where Dixon and Strehlow spoke to the meeting. It
1872-566: The Finke River to Idracowra, Blood Creek, Macumba, Mount Dare, and Andado, and some distance east into the sandhills of the Arunta (Simpson) Desert; northeast to Intea on the lower Hale River, thence north to Ilbala on Plenty River; west to Inilja and Hart Range, Mount Swan, Gillen Creek, Connor Well, and Narwietooma; in Central MacDonnell, James, and Ooraminna Ranges. The name Arrernte refers to
1944-566: The Memorial Hall with "some other darkies". Police contacted Ceduna to question Stuart about the murder. When picked up on Monday, Stuart was working for the Australian Wheat Board at Thevenard , 3 kilometres southwest of Ceduna. During interrogation, Stuart admitted being drunk and travelling from Ceduna to Thevenard on Saturday afternoon but denied the murder. Police took him outside and made him walk barefoot across sand, after which
2016-493: The Police Association was Detective Sgt. Paul Turner, the most senior of the six policemen who had obtained Stuart's contested confession. The Law Society expressed outrage and stated that the Police Association statement bordered on contempt of court and would prejudice any jury hearing a future appeal. The Society strongly suggested the government fund a further appeal to the United Kingdom Privy Council. O'Sullivan
2088-563: The Thevenard hotel where he had paid an Aboriginal woman £4 for sex and had remained there until arrested that night. Strehlow also tested Stuart's English. He later swore an affidavit to the effect that the confession could not be genuine, enabling the appeal to the High Court. Ken Inglis , then a lecturer at the University of Adelaide , wrote in July 1959 of the doubts of Father Dixon and Ted Strehlow in
2160-497: The appalling feature of capital punishment of the death sentence that applied to people who may well be innocent. In 1985, Patrick Dodson , then director of the Central Land Council , appointed Stuart to a part-time job. This appointment transformed Stuart, giving him respect and giving rise to his successful rehabilitation. Stuart shared his knowledge of Aboriginal law and tradition, which he had gained from his grandfather as
2232-441: The beach where Hattam had been playing but there was no sign of her. Hattam's father went to the beach at 4 pm to collect her and then called on some neighbours to help search without success. As evening fell, Roger Cardwell, who ran the local deli and was married to Mary's cousin, alerted the local police and Ceduna citizens, who were watching Dial M for Murder in the local Memorial Hall. A search commenced and Hattam's body
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2304-424: The campaign through The News , Rivett, as editor, and The News itself, were charged in 1960 with seditious and malicious libel , with Premier Playford describing the coverage as "the gravest libel ever made against any judge in this State". John Bray , later Chief Justice and Chancellor of the University of Adelaide , represented Rivett. The jury determined that the defendants had not committed an offence, and
2376-405: The campaign. Murdoch himself believed Stuart guilty: "There's no doubt that Stuart didn't get a totally fair trial. Although it's probable that he was guilty, I thought this at the time. In those days – although less so now – I was very much against the death penalty." Bruce Page, Murdoch's biographer, said the case was pivotal in his career. "It was the very brief period of Rupert's radicalism, which
2448-526: The case based around Father Tom Dixon, Dixon died during production and the film was restructured as a docudrama. Historian Ken Inglis, who participated in the Stuart case as a journalist and wrote an account of the trial and appeals, praised the documentary as accurate, but noted that "anything which could have suggested that Stuart was guilty... was left out of the film." The weight of evidence, he said, tilted toward guilt rather than innocence. The 2002 feature film Black and White , directed by Craig Lahiff ,
2520-455: The case opening on 20 April 1959. The judge presiding was Sir Geoffrey Reed , an experienced judge; Stuart's lawyer was J.D. O'Sullivan, assigned to him by the Law Society of South Australia . When arrested, Stuart had only four shillings and sixpence halfpenny ($ 0.45) and was thus unable to contribute to the cost of his defence. The Law Society had few resources and was unable to pay for many of
2592-693: The case, Napier as presiding judge in the Full Court appeal and Reed as the trial judge, leading to considerable worldwide controversy, with claims of bias from sources such as the President of the Indian Bar Council , the Leader of the United Kingdom Liberal Party , Jo Grimond , and former British Prime Minister Clement Attlee . Labor Party MP Don Dunstan asked questions in Parliament and played
2664-666: The cemetery, in which at least 64 people had been buried. Before restoration works only 7 of the graves were ever marked and the names of the people buried there were unknown and, in the process of restoration a further 38 graves were able to be identified. While the old township site remains unused the area is also home to a depot for Ingerreke Outstation Resource Services and there are a number of Homelands and outstations nearby. 23°45′00″S 133°31′01″E / 23.750°S 133.517°E / -23.750; 133.517 Arrernte people The Arrernte ( / ˈ ʌ r ə n d ə / ) people , sometimes referred to as
2736-410: The court as it was prejudicial. There were two exceptions: if a defendant under oath presents witnesses for his own good character or impugns the character of a prosecution witness, the prosecution is entitled to cross examine the defendant and present evidence to prove his bad character. As Stuart's defence was that police had beaten him then fabricated his confession, to state this under oath would allow
2808-443: The crime scene were introduced as evidence, but no attempt was made by either the prosecution or defence to match them to Stuart's own hair (the hairs have since been destroyed so cannot now be tested). The case against Stuart relied almost entirely on his confession to the police. Stuart had asked to make a statement from the dock but he could not, as he was unable to read the statement prepared from his version of events. Permission for
2880-405: The darts stall for the funfair operated by Mr and Mrs Norman Gieseman. Both had gone out drinking during the day and Moir returned late that night, losing consciousness several times due to intoxication. Stuart had been arrested for drinking alcohol at 9:30 pm and was in police custody. This was because, at the time, "full-blooded" Aboriginal people were forbidden by law to drink alcohol. In 1953
2952-428: The declarations were made, and the circumstances in which the declarations were obtained and made. Before the commission, Stuart presented an alibi that his defence had never raised at the trial, that he had been working at the funfair when the crime was committed. The Commissioners declared that the suggestion that police had intimidated Stuart into signing the confession was "quite unacceptable", and on 3 December 1959,
Max Stuart - Misplaced Pages Continue
3024-455: The execution arrived by telegram . The petition, circulated in Ceduna, Thevenard and the surrounding districts had 334 signatures. The Executive Council sat at 12:30 pm and considered the petitions for 20 minutes before issuing a statement: "The prisoner is left for execution in the due course of the law. No recommendation is made for pardon or reprieve." Stuart was told of the decision and given
3096-461: The former Alice Springs Telegraph Station , and then was declared as one of three permanent camps or reserves for the Aboriginal population of Alice Springs It was intended to be a buffer between the semi-nomadic people living in far western regions and the more sophisticated inhabitants of Alice Springs and environs, in particular for the non-working, aged and infirm people living in the area. In
3168-509: The landscape and The Dreaming . Altjira is the creator being of the Inapertwa that became all living creatures. Tjurunga are objects of religious significance. The Arrernte Council is the representative and administrative body for the Arrernte Lands and is part of the Central Land Council . Tourism is important to the economy of Alice Springs and surrounding communities. "Aranda"
3240-458: The late 1960s, following the creation of Amoonguna Community the population at Jay Creek declined and was uninhabited by the late 1980s. There are a number of remains at the site including the former home of Ted Strehlow , a church (which Moses Tjalkabota once led), a cemetery and pre-fabricated buildings that were built in the late-1940s and throughout the 1950s . In 2017 major restoration works were undertaken by Central Land Council at
3312-463: The out of pocket expenses required for the defence case, such as checking Stuart's alibi, conducting forensic tests and consulting expert witnesses. It was claimed the footprints found on the beach matched those of Stuart. A taxi driver testified that he had driven Stuart to the murder scene on the afternoon of the crime. Hairs belonging to the murderer had been found in the victim's hand and had been visually compared to Stuart's by police. The hairs from
3384-422: The policemen who interrogated Stuart, chief inspector Paul Turner, stated on his deathbed in 2001 that police had "jollied" and joked the confession out of Stuart, and that once they had it, they bashed him. Fellow police officers denied Turner's claims, and insisted that the confession was verbatim, "Yes, we altered it a bit....but the substance is Stuart's." Stuart's guilt is still debated. Stuart's execution date
3456-567: The project. There were delays in preparing the site that mostly related to the inability to ensure sufficient water access and it was not until November 1928 that the children (45 in total; 37 who were under the age of 12) were moved there alongside Ida Standley and Topsy Smith who worked there. Both were reluctant to move to the site and were housed in tents throughout the hot summer. Standley's heath deteriorated while at Jay Creek and, experiencing serious heart problems, she retired in March 1929 and
3528-477: The prosecution to present his prior criminal history, including the Cloncurry assault, to the jury. O'Sullivan suggested that police had forced Stuart into the confession, due to Stuart's poor command of the English language. However, the jury was unconvinced by the argument and Stuart was convicted. In line with the law, Judge Reed sentenced Stuart to death on 24 April 1959. Stuart's application for leave to appeal to
3600-700: The region of Alice Springs ( Mparntwe ) and its environs being shaped by primordial caterpillar -beings known as Ayepe-arenye ( Hyles livornicoides ), Ntyarlke ( Hippotion celerio ), and Utnerrengatye ( Coenotes eremophilae ) which were ancestral to the Arrernte people. The eastern MacDonnell Ranges was formed by the Ayepe-arenye , while the western portion of the ranges was formed by Ntyarlke . The Arrernte's lands, according to Norman Tindale 's estimate, encompass some 47,000 square miles (120,000 km ). Of their overall territory he wrote that they were: At Mount Gosse, Mount Zeil, and Mount Heughlin; on
3672-512: The remaining charges were withdrawn. A few weeks later, Murdoch dismissed Rivett. Rivett had been editor-in-chief of The News since 1951. It has been suggested that in Black and White , a 2002 film of the case, the role of Murdoch was magnified, and the part of his editor, Rivett, was minimised. However, it was noted in the Royal Commission that Murdoch wrote editorials, headlines and posters for
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#17328545282683744-517: The significance of Indigenous culture and the Dreaming. By explaining Indigenous religion in relation to the land, he shares his beliefs on the importance of passing on Indigenous culture to keep it alive and the importance of Indigenous peoples being able to speak their tribal language as well as English. Jay Creek, Northern Territory Jay Creek or Iwupataka is in the MacDonnell Ranges 45 kilometres (28 mi) west of Alice Springs in
3816-422: The two trackers confirmed that Stuart's tracks matched those on the beach. Stuart later confessed and, although he could not read or write, signed his typed confession with the only English he knew, his name, written in the block letters that had been taught him by his sister, misspelling his first name as "ROPERT". Following his confession, Stuart was brought to trial in the Supreme Court of South Australia , with
3888-486: Was 40 km (25 mi) from Ceduna. As there was little work near Koonibba many families had moved to a block of land near Thevenard, where around 200 people lived in bark huts. Many had visited the funfair and were questioned by police. Several suspects were brought to the beach but were discounted from being responsible for the footprints by the trackers. The 27-year-old Rupert Max Stuart, an Arrernte man, and teenager Alan Moir had been in Ceduna on 20 December, running
3960-435: Was a " half-caste " as one of his maternal great-grandfathers had been a white station owner. Stuart's paternal grandfather had been a fully initiated Arrernte and leader of a totemic clan. His father, Paddy Stuart, was also fully initiated, but as he had assumed an English surname and worked on cattle stations had not had all the secret traditions passed on to him. Max Stuart himself was fully initiated which, in 1950s Australia,
4032-404: Was a very good thing for Stuart, as it got him out of the hangman's noose. Murdoch galloped into action, but it was a bad fight for him. The truth is it scared him off from ever taking on governments again. He reverted to his father's pattern of toeing the line." Stuart says of Murdoch that "He done a good one in my case" and also, "He wanted the truth, you know. I could see him out in the court. I
4104-717: Was cultural director of the Yeperenye Federation Festival. In 2004, Stuart was the Public Officer for the CANCA Aboriginal Corporation, a role derived from his employment with the Central Land Council. Books on the case were written by Ken Inglis, one of the first to publicise the doubts about the case; Sir Roderic Chamberlain, the Crown Prosecutor; and Father Tom Dixon, the priest who raised concerns about Stuart's confession. The first chapter of
4176-449: Was decided to mount a campaign to keep Stuart alive, and the distribution of petitions for commutation of sentence was arranged. The meeting was mentioned in a small report in The News , an afternoon newspaper, but didn't mention the participants. On 30 June, the morning newspaper, The Advertiser , printed a letter expressing concern over Stuart's conviction. On 1 June, The News printed
4248-456: Was denied access to records of Stuart's trials to check the English that Turner claimed Stuart had used, and the government also refused to prevent Turner from commenting publicly on the case. As a result, the Sunday Mail (then a joint enterprise of The News and The Advertiser ) printed prominently on its front page O'Sullivan's "suspicion" that the government was determined to hang Stuart and
4320-532: Was enforcing the alcohol ban. Although he was not drunk, Stuart had not renewed his certificate, and when arrested for drinking, was facing a sentence of 6 to 18 months in jail. He was released without charge as police resources were being dedicated to the Hattam investigation. When Stuart returned to the fair after being released the next morning, he had an argument with the Giesemans over getting 15-year-old Moir drunk and
4392-418: Was fired. News of the murder had not reached the funfair, which packed up on Sunday morning and moved on to Whyalla where police interviewed the workers that night. Police interviewed Moir who claimed he and Stuart had been drinking with several "half-castes" in Ceduna on Saturday morning. He had returned to the funfair at 10 am then left again at 1 pm. He told police he had seen Stuart, drunk, outside
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#17328545282684464-429: Was found in a small cave at 12.30 am. According to the attending doctor she had been raped, mutilated and murdered between 2.30 pm and 8 pm. At 10:30 am, the local police brought in a "black tracker" Sonny Jim, who followed tracks from Hattam's body to a nearby rockpool then back to the body, suggesting the murderer had washed off Mary's blood. He then followed tracks 3 km (1.9 mi) to where
4536-536: Was home to the Western Arrernte people. In 1937, Jay Creek was declared one of three permanent camps or reserves for the Alice Springs Indigenous population. It was intended as a buffer between the semi-nomadic people living in far western regions and the more sophisticated inhabitants of Alice Springs and environs, in particular for the non-working, aged and infirm around Alice Springs. Legally, Stuart
4608-593: Was initially part of the Owen Springs Station lease and the land was excised by the government in February 1925 the move children then staying at The Bungalow in Alice Springs (Mparntwe) before the completion of the extension of the railway line between Oodnadatta and the town. Government officials wanted to be sure that the children, and in particular the girls, were away from the influx of construction workers on
4680-668: Was made about his case, and featured David Ngoombujarra as Max Stuart; Robert Carlyle as Stuart's lawyer David O'Sullivan; Charles Dance as the Crown Prosecutor Roderic Chamberlain; Kerry Fox as O'Sullivan's business partner Helen Devaney; Colin Friels as Father Tom Dixon; Bille Brown as South Australian Premier Sir Thomas Playford ; Ben Mendelsohn as newspaper publisher Rupert Murdoch; and John Gregg as Rohan Rivett . The film won an Australian Film Institute award in 2003 for David Ngoombujarra as Best Actor in
4752-575: Was replaced by Ernest Kramer and his wife Euphemia (Effie) who had already been assisting her there; they were associated with the Aborigines' Friends' Association . Another worker for The Bungalow that lived with them there at Jay Creek was Hetty Perkins , she worked there in order to be able to stay with her younger children, who were in the care of the Institution, and she gave birth to another child there, named May, in 1931. While there she worked as
4824-468: Was set for Tuesday, 7 July 1959, and the Executive Council, chaired by Premier Thomas Playford, was due to sit on 6 July to reply to any petitions presented. The Advertiser had devoted all its correspondence pages to Stuart with 75% of writers in favour of commutation. Petitions with thousands of signatures supporting commutation had already been received, but that morning the first petition supporting
4896-635: Was supporting the Police Association in order to do so. The Police Association statement, and later comments from Turner including that Stuart had conducted English classes for prisoners while in Alice Springs Gaol , were widely condemned and are credited with prompting the appeal to the Privy Council, putting the Stuart case in the newspaper headlines, and keeping it there. Two of the Commissioners appointed by Premier Playford, Chief Justice Mellis Napier and Justice Geoffrey Reed , had been involved in
4968-742: Was suspicious about the sophisticated upper class English used in the alleged confession, for example: "The show was situated at the Ceduna Oval." Stuart's native language was Arrernte, he was uneducated, could not read and only spoke a slightly advanced pidgin Arrernte-English known as Northern Territory English. Anthropologist and linguist Ted Strehlow , who had been brought up in Arrernte society and had known Stuart since childhood, also had doubts. After visiting Stuart at Dixon's request on 18 May, Strehlow translated Stuart's alibi from his native tongue. Stuart claimed that he had taken Blackburn's taxi to
5040-411: Was very rare for an Indigenous Australian who worked with white people. Although his sister attended the mission school, Stuart refused and had very little "western" education or knowledge of Western religion . At the age of 11, Stuart left home to work as a stockman around Alice Springs. As a teenager, he went on to work as a bare-knuckle boxer and for Jimmy Sharman 's boxing tents. In late 1958, he
5112-489: Was with the policemen; my lawyer told me it was him." Stuart was released on parole in 1973. He was then in and out of jail for breaking provisions of his parole that banned consumption of alcohol until 1984, when he was paroled from Adelaide 's Yatala Labour Prison for the sixth and final time. During his time at Yatala Prison, Stuart learned proper English, became literate, began painting in watercolours and acquired other work skills. In between being returned to prison
5184-575: Was working on the sideshows of a travelling fun fair. He was mostly illiterate and had problems with alcohol. In late 1957, Stuart had been convicted of indecently assaulting a sleeping nine-year-old girl in Cloncurry, Queensland . In that case, he had covered his victim's mouth to prevent her screaming when she awoke; he confessed to police that he "knew this was wrong" but he did not "know any big women", and that when he had liquor he could not control himself. On Saturday 20 December 1958, Mary Olive Hattam,
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