Traditional owner ‘coached’ in video opposing Andrew Forrest’s river weir plan
Video evidence exposes behind-the-scenes coaching of cultural testimony that derailed mining magnate Andrew Forrest’s ambitious river development plans.
Video has emerged of a senior traditional owner being “coached” in what to say as part of an effort to block Andrew Forrest’s plans for a series of water-saving weirs along Western Australia’s Ashburton River.
Bombshell footage shown in Western Australia’s State Administrative Tribunal on Wednesday shows Thalanyji man Meechum Kelly appearing to parrot lines being fed to him by off-camera voices.
It was filmed in September 2017 as part of a video titled “Dam the River, Damn a People”, which was presented to WA’s Aboriginal Cultural Heritage Committee as the body considered an application from Dr Forrest and his now-separated wife Nicola to build nine “leaky weirs” along the river that runs through their Minderoo cattle station. The Forrests’ application was rejected by the state government, triggering years of legal battles over the plan.
The weirs have been designed to replenish underground reservoirs with only about 1 to 2 per cent of the water that flows through the river each year, but the Buurabalayji Thalanyji Aboriginal Corporation has opposed the plan due to the spiritual and cultural significance of the waterway and concerns the plan could anger the mythical serpent that lives in the river.
In the video clips shown to the tribunal, off-camera voices could be heard telling Mr Kelly what to say. In one, a voice could be heard telling Mr Kelly to say that the site they were at was “one of the main places people stayed at when passing through the land”. Mr Kelly then said: “This was one of the main places where people stayed, lived, hunted.”
In another, the voice tells Mr Kelly to say that the site was important and of great significance.
“This place has great significance to the Thalanyji people,” Mr Kelly then said.
The off-camera voices then say it was significant because of the water and food resources. After Mr Kelly says he “messed that up”, the off-camera voice tells him it is all right because he “can chop them together”.
Mr Kelly then spoke about the importance of the water, before the off-camera voices suggested he speak about its significance as a spiritual and ceremonial place.
“It’s an important ceremonial, spiritual place,” Mr Kelly then said.
The footage was shown to anthropologist Edward McDonald, who was commissioned by BTAC to write an expert report on the implications of the weir plan. Mr Kelly was one of the Thalanyji people Dr McDonald interviewed as part of his research, having interviewed him shortly after Mr Kelly appeared in the video.
Dr McDonald, who was not involved in the production of the video, said in the SAT after viewing the footage for the first time it was evident Mr Kelly was being instructed in what to say. “Clearly he’s been coached,” he said.
Dr McDonald himself interviewed Mr Kelly soon after the video was filmed, with Mr Kelly’s responses helping inform Dr McDonald’s anthropological reports on the weirs matter.
Asked by Kenneth Pettit SC, the barrister representing the Forrests, if the video gave him any cause to reconsider Mr Kelly’s reliability as a witness, Dr McDonald said “not particularly”. Instead, he said Mr Kelly’s performance in the video reflected his general shyness and lack of confidence.
“I’ve worked with Meechum over several years. He’s very shy and reticent,” Dr McDonald said. “They’re clearly putting words into his mouth. But what he’s saying to me in his interview in 2017 is consistent with what he’s said previously.”
Dr McDonald was grilled by Mr Pettit for around a day and a half, with Mr Pettit repeatedly suggesting the anthropologist had included information in his report that painted the weir plan in a negative light – regardless of whether those issues were valid or related to anthropology.
Mr Pettit highlighted Dr McDonald’s inclusion in his report of concerns that cattle from the Minderoo station would wade into the river and defecate. The cattle at Minderoo are fenced off from the river.
Asked by Mr Pettit if he had checked whether the Minderoo cattle were fenced off, Dr McDonald said he had not.
“What is the relevance of telling this tribunal that cows pee in the water?,” Mr Pettit asked.
“Cows peeing and defecating have an impact on the water,” Dr McDonald replied.
“You are having us on now,” Mr Pettit said.
The tribunal is set to hear the closing arguments on Thursday.
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