By Erin Pearson
Actor Tasma Walton has been described as an honest witness and found to be of Indigenous descent during a native title dispute that has thrust the TV star into the spotlight.
A judge also apologised for the significant online abuse the 51-year-old suffered during the case.
Tasma Walton in July 2024.Credit: Jedd Cooney
The actor was the first witness for the Bunurong Land Council Aboriginal Corporation, which is challenging a native title claim by the Boon Wurrung Land and Sea Council of an area spanning from the Werribee River to Wilsons Promontory in Melbourne.
During her hearing, Walton revealed her Aboriginal heritage came from her mother’s side, descending from Eliza Nowan – sometimes known as Eliza Gamble – whom the Bunurong group claims was a traditional owner of the area.
Walton – who is married to comedian Rove McManus and is best known for her roles in Blue Heelers and Home and Away – attempted to back away from her involvement in the dispute after she received threats online when her role in the Federal Court case became public.
Justice Bernard Murphy said it was regrettable that Walton had been subjected to online abuse and “implicit threats” about her role in the case.
“Because of the online commentary and abuse, posted by keyboard warriors who did not have the courage to put their name to it, Ms Walton gave consideration to withdrawing as a party, but did not ultimately do so,” he said. “I am sorry that Ms Walton was forced to endure that commentary.”
Justice Murphy revealed he had asked the court’s judicial registrar to review the online commentary for potential contempt proceedings, but a decision had been made not to pursue anyone.
The Boon Wurrung Land and Sea Council said Walton had failed to demonstrate her claim to the Boonwurrung people and to have knowledge of their traditions and customs.
But Justice Murphy noted that proof of events about allegedly abducted Aboriginal women, their connections to land and genealogy from around 200 years ago was not something easily established by official records.
Rove McManus and Tasma Walton.Credit: Chris Hyde
He said it was appropriate in such circumstances to rely on family history records passed down by oral tradition, such as Walton had described.
“I found her to be an honest witness who gave evidence which reflected her genuinely held beliefs.”
This masthead applied for Walton’s full statement through the court but was denied.
Walton had earlier told the court her grandmother passed down Bunurong cultural knowledge to her in the form of “unusual stories” containing elements of traditional cultural lore. These included a tale of former prime minister Harold Holt, who disappeared while swimming near Portsea in 1967, being taken by mermaids.
When the case became public and she began experiencing backlash, the actor said she had been portrayed as the “poster girl” for the No campaign in the Voice to Parliament referendum and was subjected to a social media hate campaign.
The application to grant native title to the Boon Wurrung Land and Sea Council is opposed by some members of the Bunurong Land Council Aboriginal Corporation, the state-registered First Peoples organisation for the same area.
They instead want applications by rival groups rejected because the applicants are not descendants of the traditional owners.
The court has yet to rule on the native title claim.
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