NT: ATSIC criticises journalist trespass decision

AAP General News (Australia)
12-12-2003
NT: ATSIC criticises journalist trespass decision

DARWIN, Dec 12 AAP - A decision to overturn the conviction of a journalist who trespassed
on Aboriginal land has been criticised as an attack on indigenous property rights.

The Northern Territory Court of Appeal yesterday overturned the conviction against
Walkley Award winning journalist Paul Toohey, formerly with The Australian newspaper.

But peak Aboriginal body ATSIC has expressed disappointment at the decision, saying
it "makes a mockery of the permit laws".

"This decision is an attack on Indigenous property rights and the permit system operating
under the Aboriginal Land Act," ATSIC NT Commissioners Kim Hill and Alison Anderson said
in a joint statement.

Mr Toohey was arrested in November last year at the Port Keats Aboriginal Community,
south-west of Darwin.

He had gone to the remote community to report on the death of an 18-year-old man allegedly
shot by police, despite earlier having been refused a permit by the Port Keats council.

Appeal Court Justices Dean Mildren, Sally Thomas and Steven Bailey found there were
extenuating circumstances which could justify Mr Toohey's visit to the community.

"It's disappointing Mr Toohey's role as an investigative journalist has been placed
above the protection of indigenous property rights and the permit system," the ATSIC commissioners
said.

Mr Toohey was convicted in May of entering Aboriginal land without a permit, after
the NT Supreme Court overturned an earlier decision not to convict or penalise him.

The NT Court of Appeal yesterday set aside the conviction, allowing Mr Toohey's appeal
against the Supreme Court ruling.

The successful appeal has been described by some as a win for press freedom.

Journalists are often denied access to Aboriginal land, which accounts for half the
land in the NT.

AAP km/drp/jlw

KEYWORD: TOOHEY

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