Stolen generation pair get go-ahead for historic lawsuit
Source: AAP | Published: Friday April 30 4:43:23 PM
DARWIN: A Federal Court judge today gave the go-ahead to two members of
the so-called stolen generation to
launch a historic lawsuit against the commonwealth government.
Justice Maurice O'Loughlin dismissed an attempt by the federal
government's lawyers to have the case struck out
on the grounds that too much time had passed.
Lorna Cubillo, 61, and Peter Gunner, 50, claim the commonwealth acted
illegally and caused them life-long mental
harm when it took them from their families and communities in the 1940s
and '50s.
Justice O'Loughlin said their lawsuit was too important to dismiss
summarily.
"It seems to me, with respect, that these cases are of such importance
not only to the individual applicants and to
the larger Aboriginal community, but also to the nation as a whole -
that nothing short of a determination on the
merits with respect to the competing issues of hardship is warranted,"
he said.
"That cannot be achieved until the applicants have placed before the
court all the material they would wish the
court to receive."
After Justice O'Loughlin left the bench of the court in Darwin, dozens
of members of the "stolen generation" who
had packed the room erupted in cheers and applause.
Outside the court, Ms Cubillo said she was elated at the decision.
"I am just elated, just so happy," Ms Cubillo said.
"The whole thing has been about being heard.
"We have never had the privilege of being heard, of telling our story.
"When we were children we were gagged. We were seen and not heard. Now
at last we have a chance to speak."
Justice O'Loughlin said the full court hearing would be on a date yet to
be fixed.
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