Stolen generation lodges appeal

Source: AAP|Published: Monday August 14, 10:08 AM

Lawyers for the stolen generation of Aborigines said today they would
appeal a Federal Court decision throwing out a compensation
claim. 

Jack Rush, QC, a lead counsel for two Aborigines separated from their
families as children, said the legal team would begin planning its
appeal. 

�We've formed the preliminary view that we will appeal but we have to
get instructions and an appeal process will be extremely costly,�
he told ABC radio. 

�We have to, one, put our reasons and thoughts into writing and we have
to speak to our clients and move from there.� 

Last Friday, Federal Court Justice Maurice O'Loughlin threw out the
compensation claim brought by Lorna Cubillo, 62, and Peter
Gunner, 53, due to lack of evidence. 

They had argued government officers acted beyond the laws of the time by
not taking due care and by acting from a racist desire to
assimilate Aboriginal children into white society. 

But Justice O'Loughlin said there was not enough evidence to support Mrs
Cubillo's claim while a thumbprint from Mr Gunner's mother
had indicated he was taken away with her consent. 
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