Justice Bernard Murphy vents frustration about contradictory evidence in land claim case

A Federal Court case involving actor Tasma Walton has sparked questions about who decides who can claim membership of an Aboriginal group.

Tasma Walton, who is married to TV personality Rove McManus, told the court her identity as a Boonwurrung/Bunurong descendant was ‘gradually realised’. Picture: AAP

A judge has questioned why he as an “elderly white man” should have to decide on who can claim membership of an Aboriginal group.

Federal Court judge Bernard Murphy vented his frustration after contradictory evidence was given in a case involving a big land claim involving the Boon Wurrung/Bunurong people.

Actor Tasma Walton is among several people linked to the Bunurong Land Council who are challenging the rival Boon Wurrung Land and Sea Council over who are the true claimants.

Former Bunurong council executive Robert Ogden told the court on Tuesday that he accepted that Boon Wurrung council member Carolyn Briggs was an elder descended from pre-white settlement Bunurong people.

Actor Tasma Walton is among several people linked to the Bunurong Land Council. Picture: Twitter/@TasmaWalton

Justice Murphy said: “Your counsel in this case is running a case which says she’s not.”

To which Mr Ogden replied, “Well I accept her as that, it’s not for me to decide whether she is or whether she’s isn’t, I accept that she is”.

Justice Murphy then said “it doesn’t look to me like there is any process, there’s no meeting of elders going on”, which Mr Ogden agreed with.

“Why isn’t this a matter which is capable of being sorted out by the people who should be sorting it out rather than an elderly white man,” Justice Murphy said.

“Do people understand that at the moment there are good quality experts who say that none of these people can prove they are Bunurong.”

Boon Wurrung council member Carolyn Briggs. Picture: Valeriu Campan

Mr Ogden, who in 2022 was stood down by the Bunurong Land Council, said he was “devastated” by allegations reported earlier in the media that he had claimed monies outside of his job contract.

Mr Ogden denied the allegations and said that Victoria Police had been “sitting” on the claims for eight months without contacting him.

The Boonwurrung Land and Sea Council is pursuing a land claim involving 13,000sq km of territory stretching from southeast Melbourne to Wilsons Promontory.

Tasma Walton, who is married to TV personality Rove McManus, told the court earlier that her identity as a Boonwurrung/Bunurong descendant was “gradually realised” after she moved to Melbourne to film Blue Heelers TV series in 1996.

Ms Walton, who was brought up in WA, said her Nanna shared “unusual stories” about Albert Park, Brighton and the Mornington Peninsula.

They included her theory on what happened to prime minister Harold Holt, lost off Portsea in 1967.

“She said he shouldn’t have been swimming there, that it was mermaid country,” Ms Walton said.

The case continues.