In short:
Palawa elder Jim Everett puralia meenamatta has again not attended a court hearing, where he was convicted on three charges and fined $300.
He says the court system has no jurisdiction over him because his people never made agreements to be citizens.
What’s next?
He said he planned to pay the $300 fine due to it being a “social law”, but won’t pay a court fee as part of his protest against a jurisdiction imposed on him.
His trespass matters regarding logging protests will return to court in January next year.
A Tasmanian Aboriginal elder has been convicted on three charges in a Tasmanian court, as he continues to protest that the ‘colonial courts’ have no jurisdiction over him.
Earlier this year, palawa man Jim Everett puralia meenamatta, also known as Uncle Jim, was charged with two counts of trespass following his involvement in logging protests — one in the Styx Valley in March and one at Brady’s Lake in October.
He did not attend the hearing but spoke to media outside the Hobart Magistrates Court.
Mr Everett said the court has no authority over palawa people.
“I’m here to sort of thumb my nose at it a bit,” he said.
“We have never made agreements to be citizens.
“I’m not prepared to just walk into their court when they’ve got no jurisdiction, they have to take me there.”
He then turned and walked away from the court.
Inside the courtroom, the magistrate recorded convictions for two charges of failing to appear at court on two previous occasions, and for unlicensed driving.
Mr Everett was also fined $300 — which he said he would pay as it related to his unlicensed driving.
“Social laws must be there otherwise we would have chaos,” Mr Everett said.
But he said he won’t be paying a $78 court fee.
“That’s to do with the case that they have no jurisdiction to be trying me on in the first place,” he said.
Mr Everett said stopping logging of old-growth forests was “the most important thing”. (ABC News: Luke Bowden)normal
Prepared to be re-arrested
Two charges of trespass laid against Mr Everett have been adjourned until January next year.
Mr Everett said he had no intention of attending that hearing either, and if police wanted him to be there, they would have to arrest him.
He said he was prepared to be arrested again.
“I have a right to protect my country, as our law is in country,” he said.
“Colonial courts have no jurisdiction over me for defending palawa law.”
He said he will continue to protest logging.
“The most important thing is that they need to stop logging the old growth forest in the native forest.”
“We are country and country is us.”
Government asked to prove rights were ceded
In November, the Greens tabled a question in parliament to Premier Jeremy Rockliff on behalf of Mr Everett.
“The palawa never made any citizenship agreements with the colony of Van Diemen’s Land, nor its government of Tasmania,” it read.
“Will you, on behalf of the Tasmanian government, either provide evidence to the contrary that the palawa ceded their rights?” it asked.
In response, Mr Rockliff said he will have to seek information as there are “legal proceedings underway at this present time which I need to be very mindful of”.
“My commitment to closing the gap and reconciliation remains,” he said.
Mr Everett has long been a community leader, writer and Aboriginal rights activist. (ABC News)normal
Mr Everett said the government needed to respond directly to the question.
“They need to now come out and tell the truth about the fact that we’ve never made any agreements to be citizens,” he said.
