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‘We Are Country and Country Is Us’: Palawa Elder Refuses to enter ‘colonial’ court

A Palawa elder who was arrested for trespassing on his 82nd birthday has refused to attend Hobart Magistrate’s Court on multiple trespassing charges. Here’s why.

Palawa Elder Jim Everett out the front of Hobart Magistrates Court as he was due to appear in relation to on charges of trespass in a forest logging coupe. Picture: Nikki Davis-Jones
Palawa Elder Jim Everett out the front of Hobart Magistrates Court as he was due to appear in relation to on charges of trespass in a forest logging coupe. Picture: Nikki Davis-Jones

In dramatic scenes outside Hobart Magistrates Court on Wednesday, Palawa Aboriginal elder Uncle Jim Everett refused to bow to “colonial rule” and walked away after being summoned to attend court on trespassing charges.

“I don’t intend to go into the court. It’s got no jurisdiction over me,” Mr Everett said, standing with more than a dozen cheering supporters.

“I’m here to thumb my nose at it. If you’re really serious about taking this issue on, then come and talk to us.”

Palawa Elder Jim Everett. Picture: Nikki Davis-Jones
Palawa Elder Jim Everett. Picture: Nikki Davis-Jones

Mr Everett said he had “a right” to protect his country from logging, describing his deep cultural connection to the land.

“Our law is our country,” he said. “The most important thing is that they need to stop logging the old growth forest and the native forest because they’re a very important part of who we are.

“We are country and country is us.”

The trespassing charges relate to two incidents on 19 March and 22 October in the Styx Valley and Bradys Lake.

The latter incident occurred on Mr Everett’s 82nd birthday, which he had chosen to spend on country.

After Mr Everett walked away from court, to the applause of his supporters, a member of the Tasmanian Aboriginal community Sarah Wilcox, attended Courtroom Two to hear the court’s decision.

Palawa Elder Jim Everett. Picture: Nikki Davis-Jones
Palawa Elder Jim Everett. Picture: Nikki Davis-Jones

Magistrate Webster scheduled an ex parte hearing for 28 January on the trespassing charges, allowing the matter to proceed without Mr Everett’s attendance. He was convicted on three other charges – two charges of failing to appear in court and one for driving without his license – and fined $300.

Uncle Everett criticised the Tasmanian Premier for failing to engage meaningfully with Palawa people, asserting that First Nations people had never agreed to citizenship under Australian governance.

“They [the government] need to come out and tell the truth about the fact that we’ve never made any agreements to be citizens,” he said.

“There’s never been an agreement between any First Nations in this country and any government in this country to be citizens.”

Palawa Elder Jim Everett. Picture: Nikki Davis-Jones
Palawa Elder Jim Everett. Picture: Nikki Davis-Jones

Greens leader Rosalie Woodruff attended the court in solidarity with Uncle Everett.

“His country’s being destroyed, and he’s absolutely right — we’re all in this together,” Dr Woodruff said.

“He’s standing up for the forests and prepared to do everything he can to protect them. So we’re here in support of him.”

Dr Woodruff called for an immediate halt to all native forest logging, a sentiment echoed by Mr Everett.

“This is not just an Aboriginal issue; this is everybody’s issue,” Mr Everett said. “We’ve got to protect these forests. We’ve got to protect our waters and our seas.”

“At the moment, the colonial administration is destroying this country just for profits.”

eleanor.dejong@news.com.au

Original URL: https://www.themercury.com.au/truecrimeaustralia/police-courts-tasmania/we-are-country-and-country-is-us-palawa-elder-refuses-to-enter-colonial-court/news-story/e991c7fb9e8e68e53b50531bf02da86b