Robbie Thorpe quits court case against Melbourne City Council over extinguishing of sacred fire

The uncle of Senator Lidia Thorpe has quit a court case against the City of Melbourne over the extinguishing of a sacred fire at “Camp Sovereignty” in Kings Domain. But the fight’s not over.

The uncle of firebrand Senator Lidia Thorpe has abandoned an extraordinary court case he launched against Lord Mayor Sally Capp and the entire Melbourne City Council over claims a sacred fire in Kings Domain was extinguished.

Robbie Thorpe will instead enter into negotiations with the council over “Camp Sovereignty”, which the Indigenous activist set up in the parklands at the start of the year.

At the time, he vowed that the camp would remain there “forever” or until the site – near the Sidney Myer Music Bowl – was returned to the Indigenous community. 

The site, also known as the Kings Domain resting place, is a burial ground for the repatriated remains of 38 Indigenous people, with the fire remaining lit in their honour since January.

Robbie Thorpe arrives at the Federal Court for his case against Melbourne City Council. Picture: Andrew Henshaw

But Mr Thorpe claimed that the camp was “raided” last week and the small fire “extinguished” by council officers when the man tending to the coals briefly left it unattended.

“We’re brought up with fire,” he said.

“It was not dangerous at all.”

Mr Thorpe also claimed that the officers “destroyed” the camp by taking a number of items, including tools to maintain the fire and a marquee.

In response, Mr Thorpe this week filed an urgent application in the Federal Court, personally listing Ms Capp, Deputy Lord Mayor Nicholas Reece and the remaining nine councillors as “prospective respondents”.

He was seeking the court order that both the councillors and their officers be restrained from destroying the fire and that the camp be preserved. 

In addition, he was seeking the council end its “intimidating surveillance” of the camp.

However, the council says it did not extinguish the fire last week, but confirmed “unattended items” were removed.

The site of “Camp Sovereignty” at King’s Domain. Picture: Supplied

Mr Thorpe says he has a fire permit. Picture: Supplied

The parties were set to argue their cases in front of Justice Michael Wheelahan in the Federal Court on Friday, but the proceedings were cut short after an agreement was made to enter into negotiations.

Len Lindon, who appeared together with Mr Thorpe, told the court he believed that the camp would not be interfered with in the meantime, especially in the lead up to NAIDOC (National Aborigines’ and Islanders’ Day Observance Committee) week.

“The theme is keep the fire burning,” he said.

Mr Thorpe added that he has requested to meet with the councillors for some time, but they “have not been forthcoming”.

“I would be interested in sorting it out without the court,” he said.

Justice Michael Wheelahan said he would not make any orders in the circumstances, given Mr Thorpe had “decided to pursue discussions with the interested persons”.

“I wish you all the best with your discussions,” he said.

Senator Lidia Thorpe at the camp in January. Picture: Andrew Henshaw

The Herald Sun understands that Mr Thorpe has a fire permit, but is seeking other documents from the council – such as parking permits – to assist those maintaining the site.

But he said above all else, he wanted the council to throw its support behind the camp, including by backing the construction of a cultural interpretation centre.

Mr Thorpe and his fellow activists are calling for the site to be given back to the people of the Kulin nation to be used for ceremonial, cultural and educational purposes.

In January, Senator Thorpe told the Herald Sun that the camp had her full support.

“This is about sovereignty and the whole notion of sovereignty in this country has never been resolved,” she said.

Her uncle helped to establish “Camp Sovereignty” at the site in 2006 at the time of the Commonwealth Games, but it was disbanded after legal threats and protests.