Len Lindon is an Australian Aboriginal Genocide barrister . He was involved in the South Australian Supreme Court and Australian High Court cases of the Arabunna People of Lake Eyre (South Australia) against Western Mining Corporation (WMC) and known as the “Arabunna Genocide Case” and the1999 Aboriginal Genocide Case before the High Court (see: http://www.lakeeyre.green.net.au/eviction-notice-high-court.html ).
According to the Media Release from the Arabunna Keepers of Lake Eyre, Thursday June 22, 2000: “South Australia WMC EVICTION TO GO BEFORE THE HIGH COURT Re: Arabunna Going Home Camp, Lake Eyre South At 10 am this morning Keepers of Lake Eyre filed court documents (Notice of Motion) with the High Court of Australia (High Court). The High Court issued these proceedings as No. A 20 of 2000. This Notice of Motion is to remove the Western Mining (WMC) eviction proceedings, in the Supreme Court of South Australia (Supreme Court), to the High Court. The WMC notice is against un-named defendants, at the Arabunna Going Home camp, at Lake Eyre South, where the Sacred Fire for Peace is burning… Kevin Buzzacott, Arabunna Elder and Peacemaker, has served several Eviction Notices on WMC since 1998. He began court proceedings on March 25, last year (1999), in the Supreme Court, to get an order from the court to evict WMC from Arabunna land… Judge Kelly, in the Supreme Court of South Australia, on June 8 (2000), acknowledged the importance of this case (otherwise known as “the Arabunna Genocide Case”), and it was directed to the High Court” (see: http://www.lakeeyre.green.net.au/eviction-notice-high-court.html ).
Len Lindon on the Arabunna Genocide Case (2000): “You can’t get land by genocide, everyone knows that, and you can’t keep land by genocide either … On August 4 the High Court will consider whether or not genocide is a crime in Australia. If genocide is not a crime then it may be that Australia is demonstrably unwilling and unable to stop Aboriginal Genocide.” [1].
ABC PM Report “Federal Court finds no law against genocide”(1 September 1999): “MARK COLVIN: The Full Bench of the Federal Court has found that genocide is not a crime under Australian law. The judgment was handed down in response to an appeal from more than 20 Aboriginal plaintiffs. Lawyers for the plaintiffs say the judgment means Australia is in breach of the International Convention on Genocide. Petria Wallace reports. PETRIA WALLACE: Indigenous groups gathered in courts around Australia this afternoon to hear the verdict by teleconference from the Federal Court in Sydney. Lawyers for the plaintiffs were seeking a declaration that genocide is a crime under Australian law. They had argued that because Australia is a signatory to the International Convention on the Prevention and Punishment of Genocide, the same crime must be automatically recognised in Australian common law. All three judges found that genocide is a universal crime under international law. But a majority of the Bench found that genocide is not a crime under Australian Law” (see: http://www.abc.net.au/pm/stories/s48553.htm ).
Len Lindon on the Aboriginal Genocide Case (1999):” It's a fairly simple case in the world court because you have a superior court ruling, three Judges of the Federal Court have ruled - or two of them, at least - have ruled that Australia hasn't passed the legislation that's necessary and 50 years ago Australia promised it would and it still hasn't, although it has contributed to the International Criminal Court that's being set up. So, there's a real contradiction in Australia's position internationally where it doesn't like genocide in places like East Timor and Kosovo, but it allows it to continue against the indigenous people here.”
[1]. Keepers of Lake Eyre, in South Australia, Media Release from the Arabunna Keepers of Lake Eyre ( Thursday June 22, 2000): http://www.lakeeyre.green.net.au/eviction-notice-high-court.html .
[2]. ABC PM, “Federal Court finds no law against genocide”(1 September 1999): http://www.abc.net.au/pm/stories/s48553.htm .