South Australia’s Labor govt set to fail Aboriginal Maralinga victims’ quest for justice
Maralinga victims denied legal help, MELISSA MACK,
Oct 29, 2010, ABORIGINAL victims of nuclear testing in the 1950s are likely to be denied the chance of claiming millions of dollars in compensation, with the state Government refusing to help fund the legal case.
A motion to help fund the Aboriginal Legal Rights Movement (ALRM) case passed the Legislative Council late Wednesday night without Labor support, making it unlikely to pass the Lower House.
Service personnel, public servants and the indigenous inhabitants have suffered side effects including cancer, birth defects and immediate loss of eyesight following their exposure to radiation from the British nuclear tests near Maralinga.
Following a landmark ruling in the British courts last year, British ex-servicemen and their widows won the right to take the UK Ministry of Defence to court in a class action suit.
That case is currently under appeal but if the victims are successful, a similar case will be launched by Australian veterans with the support of Sydney law firm Stacks Goudkamp.
ALRM is also hoping to launch a suit to claim compensation for the Aboriginal victims who lived on the land.
Greens MLC Tammy Franks put forward the motion, which asked the Government to contribute to the legal costs “so that Aboriginal and non-Aboriginal South Australians can have the opportunity to seek redress for injuries suffered by them during the British atomic seek redress for injuries suffered by them during the British atomic testing in South Australia”.
“This is a great moral victory,” Ms Franks said of the win in the Legislative Council.
“I am hopeful that this vote will force Mike Rann to reconsider his position and at last put his money where his mouth was on Maralinga.”
Ms Franks said it was disappointing the Government did not vote in favour of the motion and accused Labor of abandoning its social justice principles.
Labor’s Bernard Finnigan MLC last night said the testing was “very regrettable”.
But he said the Government “does not support funding the ALRM for the purposes of running a case in the UK with respect to nuclear testing by the British Government in South Australia”.
ALRM chief executive Neil Gillespie has slammed the federal and state governments, saying they cannot deny justice for Aboriginal people.
“The government is abdicating its responsibility to the Aboriginal people and one would expect the Prime Minister to rectify that.
“It’s an opportunity to do what is right and assist ALRM help the innocent victims.”
Mr Gillespie said he expected the state and federal government to provide a dollar-for-dollar commitment to support the case on the basis that it would be returned if the case was won.
The funding would provide support to the UK lawyers in gathering information and research so they are able to mount a case.
Both the ALRM and veterans cases are likely to need significant funding help with the UK case reportedly already costing £18 million.
Stacks Goudkamp solicitor Michael Giles is working on the veterans ‘case on a “no win no fee” basis. He said it was unlikely the Federal Government would help fund any of the compensation claims.
In 1993 the British Government paid £20 million to the Australian Government as a compensation fund for the clean-up of the nuclear testing sites.
“If the case is successful there will likely be another legal battle between Britain and Australia as to where that money should come from.”
But he said the veterans’ case and the ALRM case were different.
“The way the exposure took place is different which plays a big role legally in determining negligence. There’s a difference between being told to work there and it happening at the place where you go about your daily business.”
http://www.indaily.com.au/?xml=indaily_v2&iid=42032&sr=0#folio=002
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Antinuclear 
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