Murder in the Land of Oz That's Not Canon Productions

WARNING: This episode discusses Aboriginal people who have died.
In 1983, a sixteen-year-old Yindjibarndi boy named John Pat died in police custody after sustaining injuries in the course of a fistfight with the police. His death was one of several Indigenous deaths in custody that caused an uproar amongst Indigenous Australia who believed, quite rightly, that the police were unfairly targeting, using excessive force, and ultimately causing the deaths of a disproportionate number of Indigenous people in police custody. John Pat’s death was one of several deaths of Aboriginal people in custody that caused sufficient outrage to spark a Royal Commission
EPISODE NOTES:
With the Black Lives Matter movement gaining more ground than ever, it’s important to remember that police brutality doesn’t only happen in America. Australia has a long, dark history of heinous treatment of Indigenous Australians. Aboriginal deaths in custody is sadly only a part of the institutional racism that Indigenous Australians face. The death of John Pat, and of other Indigenous people we’ll be discussing in this season, was tragic, unnecessary, and was allowed to occur due to the systemic violence against Aboriginal people that has occurred virtually unchecked since colonisation.
You can read the Commissioner’s report into John Pat’s death here http://www.austlii.edu.au/au/other/IndigLRes/rciadic/individual/brm_jpp/
This article discusses John Pat’s death within the larger context of Aboriginal deaths in custody and the Royal Commission here https://www.sydneycriminallawyers.com.au/blog/john-pats-death-in-custody-the-impetus-for-the-royal-commission/
30 years after John Pat’s death, not much has changed. Read more here https://www.abc.net.au/local/stories/2013/09/26/3856987.htm
To learn about the Raise the Age movement, go here https://www.raisetheage.org.au/
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Over three hundred Frontier Wars were fought in Australia as the Indigenous people of this land tried valiantly to resist the invasion of British Colonialists. The Bathurst War was one such war, fought by the Wiradjuri nation in what is now known as Bathurst, led by the Aboriginal resistance leader Windradyne.
In the mid-1820s, the slow erosion of the Wiradjuri's sovereignty by the colonisers was rapidly increased by Sir Thomas Brisbane, who authorised a large number of land grants in the Wiradjuri nation. With this influx of white settlers, the Wiradjuri’s land was being degraded, their sacred sites were torn up, and their natural resources were vanishing. After a violent encounter with a potato farmer over a "misunderstanding" resulted in the deaths of several Wiradjuri people, one of the survivors, Windradyne, decided that enough was enough. The Wiradjuri formed a resistance movement and lead a series of guerrilla-style attacks against the invaders, which escalated until martial law was declared, giving the invaders legal sanction to hunt and kill Aboriginals.
The Bathurst War was only one of several hundred Frontier Wars fought by the Indigenous people of this land. And in many ways, these wars continue – sovereignty of this land has never been ceded, and the Indigenous people of Australia have been systematically slaughtered and made to watch as an invading force has stolen and destroyed their land.
We applaud in movies like Star Wars when the Resistance fights off the evil Empire. So why are we so quick to sweep the Frontier Wars under the rug and pretend that our white ancestors were the good guys? (insert youknowwhy.gif here).
You can find out more about Wiradjuri resistance leader Windradyne here https://www.sbs.com.au/ondemand/video/631655491867/windradyne?fbclid=IwAR1yaEpos2JcYOM2joJUkC_3Hdyp-6_ZhB6VRhxgReHquBCV2MJLw-c6MQw
To find out more about the Frontier Wars and view the map, go here https://www.theguardian.com/australia-news/2019/mar/04/the-killing-times-the-massacres-of-aboriginal-people-australia-must-confront?fbclid=IwAR1yaEpos2JcYOM2joJUkC_3Hdyp-6_ZhB6VRhxgReHquBCV2MJLw-c6MQw
Watch the video of Windradyne’s descendants marking the anniversary of the declaration of martial law here https://www.youtube.com/watch?v=Jux_MKtfObw&t=326s&fbclid=IwAR1yaEpos2JcYOM2joJUkC_3Hdyp-6_ZhB6VRhxgReHquBCV2MJLw-c6MQw
We’ll probably never know the total death count of the Frontier Wars. Find out why that matters here http://www.maristfamily.com.au/resourcedownloads/why_indigenous_deaths_matters.pdf?fbclid=IwAR1yaEpos2JcYOM2joJUkC_3Hdyp-6_ZhB6VRhxgReHquBCV2MJLw-c6MQw
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Aunty Tanya Day was a 55 year old Yorta Yorta woman who died while in police custody after being arrested for public intoxication while on a train. Tanya was drunk and asleep on a VLine train headed to Melbourne when a ticket inspector decided she was unruly and called the police. Tanya was taken to Castlemaine Police Station, where she was left in a cell and check on for a total of less than thirty seconds in the four hours she was held there. Tanya sustained a serious head injury that caused a cerebral bleed and her eventual death. #JusticeForTanyaDay
EPISODE NOTES:
If the recommendations put forth thirty years earlier during the Royal Commission, and thirty years after Tanya’s own uncle Harrison Day died in similar circumstances while in police custody, Tanya Day would still be alive right now. Thirty years after the Commissioner recommended that the “crime” of public intoxication be removed from the Criminal Code, yet another Aboriginal woman died in custody, with her only crime having a drunken kip on the train.
You can read more about the case and view the CCTV footage of Tanya here, but please be warned, it’s not an easy watch https://www.abc.net.au/news/2019-09-06/cctv-footage-of-tanya-day-released-by-coroner/11471018
You can read the finding from the Coroner’s Court here https://www.coronerscourt.vic.gov.au/sites/default/files/2020-04/Finding%20-%20Tanya%20Day-%20COR%202017%206424%20-%20AMENDED%2017042020.pdf
The Department of Public Prosecutions decided not to proceed with a criminal case. You can read more about that decision here https://www.theage.com.au/national/victoria/no-charges-to-be-laid-against-police-after-death-of-indigenous-woman-tanya-day-20200826-p55pj8.html
The Facebook and Instagram accounts for #JusticeForTanyaDay can be found here https://www.facebook.com/Justicefortanyaday/ and here https://www.instagram.com/justicefortanyaday/?hl=en
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We are back after a (what turned into a much bigger than intended) break!

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As the final installment of our First Nation's themed season, we are talking about January 26th.
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Trigger warnings: murder, sexual violence, assault.
Lynette Daley was a 31-year-old Aboriginal woman who lived in the Clarence Valley, northern NSW. She was a mother of seven and a beloved daughter who had fallen on hard times and was experiencing homelessness. In 2011, on Australia Day, two local lowlifes asked her to accompany them on a camping trip to the isolated Ten Mile Beach, north of Iluka. They kept Lynette drinking throughout the day, and at night, while Lynette was too drunk to fight back, they performed a violent sex act that left Lynette with internal lacerations so severe that she bled to death. Despite a colossal amount of evidence against the two men who committed this heinous crime, the Department of Public Prosecutions repeatedly declined to prosecute the case.
This lack of care from the government led Lynette’s family to wonder: if a white woman was left to die at the hands of two black men, would they have been allowed to go free?
Lynette Daley’s case did a lot to expose the biases that are inherent within our court system. While no official ever came out and said that Lynette was treated differently due to being Indigenous, many of the nation’s top legal minds were on hand to point out the bloody obvious. Lynette’s family had to endure years of torment and anguish as the men who killed their daughter in a such a violent and degrading manner were allowed to walk free.
If you’re in Australia, you can watch the episode of Four Corners entitled Callous Disregard which covers Lynette’s case here https://www.abc.net.au/4corners/callous-disregard-promo/7388056
You can read more about the case and the inquest here https://countingthewomen.wordpress.com/2015/05/05/norma-45-2011/
You can read an excellent piece by Professor Marcia Langton, who is an absolute queen and massive advocate for Lynette and all Indigenous people, here https://www.themonthly.com.au/issue/2016/july/1467295200/marcia-langton/two-victims-no-justice#mtr
To read more about Adrian Attwater and Paul Maris’ trial and sentencing, go here https://www.abc.net.au/news/2017-12-08/lynette-daley-justice-with-attwater-and-maris-sentenced-to-jail/9239312
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