‘My law in country’: Uncle Jim Everett faces court only to tell off magistrate

A Palawa elder has finally appeared in court for a trespass charge, using his appearance to tell a Hobart magistrate his ‘colonial court’ has no power. The magistrate had some advice for him.

Uncle Jim Everett puralia meenamatta after his arrest at a Bradys Lake logging coupe. Picture: Jillian Mundy

Palawa elder Uncle Jim Everett puralia meenamatta remained defiant in front of a Hobart court on Tuesday despite a scheduled hearing, telling the magistrate there was “no jurisdiction over me and my law in country”.

Mr Everett faced the Hobart Magistrates Court for one trespass charge relating to a Bradys Lake logging coupe in October 22 last year.

On this charge and other trespass charges, Mr Everett has not appeared in court, stating the Magistrates Court, or ‘colonial court’ as he calls it, has no power over law of country.

Supporters of Palawa elder Uncle Jim Everett gather outside the Hobart Magistrates Court. Picture: Genevieve Holding

Mr Everett again continued this sentiment in front of Magistrate Chris Webster where an ex parte hearing had been scheduled that doesn't require Mr Everett’s presence to continued.

He stated he hadn’t been brought in by the courts as expected and instead decided he would come in to tell the Magistrate why it has no jurisdiction.

“You and this court have no jurisdiction over me and my law in country,” Mr Everett said.

“You know and I know and they know that we never ceded country or power.

“I’m here to tell you that the charges you’ve pressed against me for protesting as the native forests are cut down go against my law to protect the land.

“You are aggressive, but I’ve come and I’ve made my point and it’s time you go to your lawmakers and see who has power.”

Magistrate Webster told Mr Everett if he wanted to argue about jurisdiction, he could go to the Supreme Court to “argue your case”.

“If you’re not appearing, I’m not listening to you,” Mr Webster said.

“Yelling over me and arguing like this won’t move your matter anywhere.

“I was trying to say to Mr Everett that if he wanted to argue that the law doesn’t apply to people of Aboriginal descent, maybe he should come and try to argue his case.”

Outside court, Mr Everett said he still stands by his obligation to care for country and protect laws of country.

Uncle Jim Everett puralia meenamatta outside the Hobart Magistrates Court following his ex parte hearing. Picture: Jillian Mundy

“The Magistrate’s suggestion I go from one court jurisdiction to a higher court jurisdiction is outlandish and I won’t be doing anything of the sort,” he said.

“I’ve made it clear that this is about protecting our native forest and stopping the logging of our native forests.

“The government is the lawmaker and they need to start to tell the truth; they never made an agreement with us for citizenship, they have no jurisdiction and we still have an obligation over our lands.”

Magistrate Webster later adjourned the hearing without an upcoming date after receiving files from the prosecution.

Originally published as ‘My law in country’: Uncle Jim Everett faces court only to tell off magistrate