Stewart Levitt, Senior Partner, on the Priceline Class Action
Stewart Levitt, Senior Partner, on the Priceline Class Action
When Alex Heinke interviewed me for Channel 9 News Brisbane last Thursday, he did not seem particularly interested in anything that I had to say. Surprising, since the story was on the Palm Island compensation pay-out and I am the lawyer ultimately responsible for it.
I could hardly hear him and he could hardly hear me. He had decided to interview me outside the office building at 162 Goulburn Street where Levitt Robinson is located, despite the exceptional level of traffic noise for the COVID-19 era. I invited his cameraman to come inside where the acoustics were better but they were both in too much of a hurry.
So it is hardly surprising that Channel 9’s so-called “Major Investigation” into the Palm Island Settlement Pay-Out contained barely a word of fact.
It was just based on racist tropes about Indigenous people and why they should not have the benefit of damages awarded to them by the Federal Court following a lengthy trial, leading to a 560-page judgement delivered in December 2016.
The facts:
1. Not one person, already, dead during the period in November 2004, when orders were carried out by Police in breach of the Racial Discrimination Act, has been awarded or paid compensation! Children as young as three years-old, were held up by the balaclava-hooded Special Emergency Response Team (S.E.R.T.), dressed in black, brandishing automatic rifles, who menaced them and other family members in their homes. They had entered private dwellings without warrants under the cloak of a “State of Emergency”, found by the Queensland CMC to have been unlawfully declared.
2. Not one person has been compensated who was in gaol during the events in November 2004 on Palm Island.
3. People who were stranded off Palm Island and were not allowed by Police to return to their homes, have received compensation but at the lower end of the scale. Palm Island was not a “Paradise Torn Apart” by the Aboriginal residents as Heinke suggests, but an island to which Indigenous people have been exiled from their families or sent for punishment since 1918. In 1957, seven (7) Aboriginal workers were arrested, taken in chains to the mainland for trial and sentencing, because they had protested at the fact that they were being paid roughly 25% of the minimum wage for their labour.
4. Palm Island has been an island of bondage and subjugation for most of its history, more resembling “Nightmare Island” than “Daydream Island”. On 19 November 2004, a young Indigenous man, Mulrunji Doomadgee, was probably beaten to death, having been arrested for singing “Who Let the Dogs Out” and refusing to kowtow to a Police Officer, the only suspect in his violent demise.
5. That Police Officer received handsome compensation for what must have been extremely valuable contents in his residence, which he claimed to have lost in a fire ignited in the course of the Palm Island protest, which followed the death in custody.
6. Only one person, who was dead by the time the Federal Court verdict in the Class Action was pronounced in December 2016, will receive compensation to be paid to his Estate.
7. Fifteen and a half years have passed since the events on Palm Island for which compensation has been mostly now received, so it is only to be expected that over that period, some people who had first registered as being eligible in 2018 have since died and a few have been incarcerated. Death does not disqualify their beneficiaries; nor does incarceration, disqualify an eligible Claimant from being entitled to receive compensation, as a victim of the events of November 2004.
8. Incredibly and insensitively, Police found to have been carrying out racist orders, were decorated for bravery by the Queensland Government.
9. Indigenous people who protested at the perceived attempts of Police to protect the only suspect (a Police Sergeant) for Mulrunji’s unlawful killing and who even resisted the mere notion that a Police Officer should be required to stand trial to meet a prima facie case of the unlawful killing of Mulrunji Doomadgee, faced harsher treatment from Queensland “Justice” than the Police. But the Federal Court verdict concerning the conduct of Senior Police ultimately resulted in a compensation payout to their Indigenous victims, who suffered during the unlawful “State of Emergency”.
10. $233,000.00 was set aside by the Federal Court for the Indigenous Consumer Advice Network (“ICAN”) to counsel Palm Islanders receiving money under the Settlement Scheme, resulting from the successful Class Action. No similar order was made for the gullible white retirees, who had been scammed into making disastrous investment decisions, when they received compensation from the Banks, following the Storm Financial collapse.
11. To be fair, all recipients of payouts from compensation claims should be required to obtain independent financial advice on how they should save or spend their money.
12. It is difficult to think of a better investment by a Palm Islander than in a luxury motorboat, which can provide the triple benefits of being a vehicle for fishing (for business or pleasure), tourism and leisure.
How many spoilt white brats while away idle hours on “Daddy’s and Mummy’s boat” without facing Alex Heinke’s wry ire?
White lairs and silver spoon suckers, may enjoy the bounties of rich benefactors but Indigenous Australians are not entitled to derive similar joy from Court compensation, paid in recognition of their pain and suffering.
Finally, it is a calumny worthy of Donald Trump to state as Mr Heinke does, that “around $3 million destined for dodgy claimants is now in the process of being redirected.” The claims were carefully scrutinised and there is not a scintilla of evidence to suggest that anyone paid is a “dodgy claimant.” No money is in the process of being “redirected.”
Whoever produced this segment for Channel 9 had already decided on their message and did not need the facts to get in the way. This was an insulting story, which played fast and loose with the truth. The truth was not a casualty because it was not even a consideration: not “fake news” but pulp fiction.
As published in the First Nation Telegraph, link to full article.
Half of “Too Soon To Be Late” was written from 1998 onwards and the other half, over the past couple of years.
“Too Soon To Be Late” is a chronicle of key events in my life, in which I reveal my passions, vulnerabilities and anger, and rail against racism, inhumanity and indifference. I am standing up to be counted and calling on others to stand with me.
Pungently, potently and pithily, through verse, I have declared my positions on a range of issues, at once, subtle and strident, likely to strike a chord only with “liberals”, tuned-in to my wave-length.
A lawyer for more than 40 years, I have acted for some of Sydney’s most notorious gangland families, corrupt public officials and sex criminals, as well as for victims of crime, refugees, Aboriginal victims of State oppression, farmers, mum and dad investors, mining companies and franchisees, steam-rolled by banks and large corporations, business migrants and even, for a Chinese candidate for the Nobel Prize in Medicine.
I have criss-crossed Australia and travelled to every continent except Antarctica.
Yet I have always lived in Sydney, the only place I know as home.
Poetry is a form of theatre, often best recited and performed. Listening to the radio in the early 60’s, I was moved by the inspiring rhetoric of John F. Kennedy and the soaring sermons of Martin Luther King. I have always been impressed by how words can be assembled to inspire hope, incite rage or hatred, shore-up resistance, exhort to rebellion and conjure tears of pride, shame or empathy.
In the book, I have covered Australian society, including its insouciance to Indigenous suffering. I have also described what it means to be a Jew, born within a decade of the Holocaust, with immense pride in the State of Israel, while also despairing of the moral lapses of its current government and the disproportionate focus on Israel’s misdemeanours. Does the ALP have an anti-Turkey Lobby? (Victims: Armenians, Greek Cypriots, Kurds and dissidents generally).
I survey international politics, make observations about religion, family, sensuality and the world order. Finally I deal with my own place in the universe and issues around ego, grief and mortality.
In the ages between the Song of Solomon and rap, through the lyrics of Bob Dylan and Leonard Cohen, how can we doubt the relevance of poetry to the human condition, now or at any time since Indigenous elders recounted oral histories and fables from the Dreamtime, often accompanied by music or dance, with parallels to the Greek tragedies performed in amphitheatres thousands of years ago?
Assorted bards in every language, have made poetry the Instagram of every age, putting life on show through word pictures.
From the folk verse of Banjo Patterson to the solemn dirges of Wilfred Owen, the doomed digger, who wrote “Anthem for Doomed Youth” from the killing fields of WWI France as a harbinger of his own death in action, just a week before the Armistice: “What passing – bells for those who die as cattle? – Only the monstrous anger of the guns. Only the stuttering rifles’ rapid rattle, can patter out their hasty orisons”, to Dorothea Mackellar’s “My Country” – “I love a sunburnt country. A land of sweeping plains, Of ragged mountain ranges, Of droughts and flooding rains … ”, poetry affords both rich content and emotional engagement. What could be more quintessentially Australian than, “The Man From Snowy River” or “Clancy of the Overthrow”, reaching out across more than a century, to grab us in the guts?
No one today might have known of the massacre of 33,000 Jews by the Nazi Einsatzgruppen at Babi Yar near Kiev, in September, 1941, or of the complicity of Ukrainian nationalists, had it not been for Yevgeny Yevtushenko’s 1961 poem, so-called.
In the early 70’s, I was a Vietnam Moratorium marcher down George Street, stomping to the refrain: “One, Two, Three, Four, We Don’t Want Your Fucking War!”, in the knowledge that, in Bob Dylan’s words, “The answer (was) blowing in the wind” and “The times, they are a changin’.” For those and lyrics like them, Bob Dylan won the 2016 Nobel Prize for Literature.
The gold standard of immigration policy is embedded at the base of the Statue of Liberty in New York Harbour, Emma Lazarus’ “The New Colossus”: “Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me.” Compare that to the abominable abandonment of those values. Immigration made America great.
At the 2017 Glastonbury Music Festival, Jeremy Corbyn read from Shelley’s 1819 poem “The Masque of Anarchy”: “Rise, like lions after slumber in unvanquishable number! Shake your chains to earth like dew, which in sleep had fallen on you: Ye are many – they are few!” I have recited this extract to aggrieved 7-Eleven franchisees and to Storm investors, to unite and galvanise them.
Poetry has moved me and I want to move others through poetry.
Stewart A. Levitt
It is mischievous and unfair to tag a virus as the Chinese Virus.
Is AIDS the American Immunodeficiency Syndrome or the Gay Virus or the monkey virus? Did the Spaniards introduce a new more virulent strain of Syphilis to Europe from the Americas?
European colonisers exported smallpox, measles, typhus and cholera to the New World, where Indigenous people had no immunity.
Black and Latino Americans are dying in grossly disproportionate numbers from COVID-19. Surprised? Is this a deliberate strategy of Trump and his Breitbart mates or just how the economic system works itself through into the US health system?
President Bolsonaro of Brazil is putting his plutocratic take on the economy ahead of public health – this could lead to Indigenous people being wiped out in Brazil – yet he, along with Trump, is also blaming China.
Don’t be sucked into racializing disease, exonerating incompetence and allowing political fraudsters to racially scapegoat for their own criminal incompetence and moral bankruptcy! Some of our local politicians are dancing to “Yankee Doodle Dandy” because they enjoy the 19 gun salute on the White House lawn and being co-stars on global reality TV.
The US President who first called for an enquiry into the spread of the virus, will not even let his Chief Medical Officer, Dr Anthony Fauci, appear to answer Congressmen’s questions in the US House of Representatives.
Many thousands in SE Asia are still suffering from cancers and genetic mutations from the dioxins used to defoliate their jungles during the wars waged by the US against independence movements in Laos, Vietnam and Cambodia.
We are all in this together and we should shun divisive racist agendas. The Chinese feel pain, bleed and die, just like we do.
As Jesus said, “Let he who is without sin, cast the first stone!”
With compliments
Stewart A Levitt
#MeToo Movement’s has the capacity to vindicate women’s rights or destroy its own credibility and set back the cause of women – a cause which should be adopted by us all.
In the late 40’s and 50’s, it was easy to accuse and black- ban so-called “Communists” and “Fellow Travellers”. There were “Reds under the bed.” For hundreds of years, Lesbians and assertive women in Europe and America were denounced as witches, tortured and even burned alive. Gay people and their sexual practices were criminalised until the early to mid-eighties in Australia.
Now it is unsafe and a huge reputational risk to defend what may be unsubstantiated and under-investigated charges against a leading Australian artist, Anthony Lister or against other men, who are similarly accused, of taking sexual advantage of women.
The #MeToo movement puts itself at risk, when it rushes to judgement and invites others to do so, too. The reputations of great talents may be indelibly sullied by rookie cops who lap up the prospect of putting someone famous on trial, even when the evidence may be thin at best.
It is very easy to make claims about what went on behind closed doors and such claims are more often made against the rich or famous – sometimes because they have something that their accusers want; mostly because such celebrities are capable of buying sexual favours and also , of exploiting their power to demand them.
It is not so easy to prove, for a variety of reasons, often including because the allegations may not be true. #MeToo can be both about giving other women the courage to come forward or dishonest and avaricious opportunists the chance to jump on a bandwagon.
If #MeToo empowers victims it is good. If it is taken over by liars or hijacked by neurotic misandrists, it will be discredited like McCarthyism and do the Women’s Movement a great disservice, taking a few male scalps along the way – of both the innocent and the guilty – because to date the movement has shown neither temperance nor discernment.
Stop victimising men without proof and end ill-informed boycotts and knee-jerk vilification.
Sydney, 15 August 2020
It started as a microbe,
a pernicious Russian germ,
which invaded social media –
crossed into US sperm.
Mueller’s penetrating probe
proved a prevalent infection
and foreign interference
with American erections.
Sadly, Lady Liberty’s
grown a metastatic lump.
The pathogen’s been identified:
Its name is Donald Trump.
He feeds on fast food, sleaze and trash,
and spews out falsehoods, unabashed.
‘Base’ States will not accept the cure
and the Republic’s might, might not endure.
There’s been a high-risk complication:
a pernicious microbe’s hit the nation.
The bug which entered from Ukraine
has infiltrated US veins.
The plague has struck down herds of Kurds
and is haemorrhaging blood in Donald’s turds.
He blames the virus on Barack,
and the Yellow Peril, while he’s slack.
With bluster, snake oil, streaming lies –
he blithely threatens heaps of lives.
© Stewart Levitt, 15 August 2020