BLACK AND WHITE

Australia, 2002, 96 minutes, Colour.
Robert Carlyle, Charles Dance, Kerry Fox, Colin Friels, Ben Mendelsson, David Ngoombujarra, Frank Gallacher, Peter Whitford, Heather Mitchell, Penne Hackforth- Jones, John Gregg, Chris Hayward, Roy Billings, Bille Brown, Vincent Ball, Josephine Byrne.
Directed by Craig Lahiff.

During 2002, five feature films were released in Australia which had strong Aboriginal themes: Phillip Noyce's award-winning Rabbit- Proof Fence, Rolf de Heer's The Tracker, Paul Goldman's Australian Rules, Ivan Sens's Beneath Clouds and Craig Lahiff's Black and White.

Black and White is based on the true story of the Max Stuart case which cause a furore in 1959. Accused on raping and murdering a young girl at Ceduna on the South Australian- West Australian border, Stuart confessed to the crimes. It emerged that he was beaten and the confession forced from him. An Australian priest, Tom Dixon, who had worked with aborigines in Central Australia, intervened for Stuart, indicating that he spoke Arunta and could not have written or understood aspects of the confession. He appealed to a distinguished anthropologist, Dr Strehlow, who wrote on behalf of Stuart.

In the meantime, the young Rupert Murdoch took up the case with his editor, Rohan Rivett, and provided sometimes sensational headlines in his new Adelaide paper which irritated the South Australian aristocracy (as Murdoch was to do all his life). Stuart lost his case in hearings, a trial and an appeal to the Privy Council in London. He also lost his plea in a Royal Commission, although the intervention of the premier of South Australia, commuted the death sentence to imprisonment and Stuart served 14 years. He himself appears singing at the end of the film.

Fr Dixon is portrayed by Colin Friels, Murdoch by Ben Mendelssohn. David Ngoombujarra is Stuart.

However, the principals of the cast are Robert Carlyle as the brash defence lawyer, David O'Sullivan, Kerry Fox as his partner, Helen Devaney, and Charles Dance as the government prosecutor, Roderick Chamberlain. Carlyle is effectively edgy and sincere as O'Sullivan. Fox does not have enough to do and Dance with his frequently seen poised and superior manner. A gallery of Australian character actors fill out supporting roles.

The film offers Stuart's version of what happened and, later, visualises (as Charles Dance describes it to his wife and dinner guests) what the prosecution asserted, leaving both versions for the audience.

The historical context is of great interest and incorporated into playwright Louis Nowra's screenplay: the status of aborigines in the 1950s prior to the 1967 referendum on voting rights, the superiority of South Australian upper classes, the role of premier Thomas Playford, the parliament and the judiciary and the emergence of Rupert Murdoch and his tabloid style in the media. Direction is by Craig Lahiff who directed Heaven's Burning, with Russell Crowe, also written by Nowra.

1. The impact of the film for Australians? For non-Australian audiences? Issues of race, justice, the law, history? A story from the mid-20th century and its impact on audiences in the 21st century?

2. The title, the reference to race in Australia, to the law and its decisions?

3. The re-creation of the period, 1958-59, cars, dress, décor? South Australia, the police stations, the courts? Upper-class society in Adelaide? In the United Kingdom, the Privy Council?

4. The Ceduna locations, the coast, the beach, the cliffs and the caves, the city of Adelaide, London? The musical score?

5. The film based on a true story, a true case? The historical characters, Max Stuart, Father Dixon, Professor Strehlow, the prosecutor and the defence lawyers? Rupert Murdoch, Rohan Rivett? The authenticity of the film?

6. Louis Nowra as a playwright, screenwriter? The opening, the young girl playing on the beach, the intimations that she had been assaulted and killed? The police approaching Max Stuart, saying that he was hiding, arresting him? Stewart's reluctant version of what happened, the treatment by the police, the bashing, the torture, the taunts? The screenplay inserting the visualising later of the prosecutor's version, Chamberlain telling his wife and dinner guests what the scenario actually was, according to the prosecution? The two possibilities, what was actual, the audience seeing both and being able to decide?

7. The police, Turner, his being in charge, the arrest, taunts, insults, torturing? Jones and his brutality? The other police looking on, typing the confession? Accusing Stewart of hiding, in the station, the razor, cutting his hair, the forcing of the confession? The contrast with Chamberlain's version of his being taken in, the goodfellowship, the jokes, leading to the confession?

8. David O'Sullivan and Helen, their working together, ambitious lawyers, the cases, the man arguing about his divorce settlement? The later visit by the sacked policeman and his wanting them to take his case for compensation? Their interrogating him in relationship to the South Australian police and their case? Their status, reputation? Taking the case, the motivation?

9. The character and personality of David O'Sullivan, small stature, smart, short fuse, his tongue, his abilities and lack of abilities? Helen, her studies, the only woman in the class, her drinking - and David's wanting her to stop, Chamberlain's criticisms? Hearing about the case, reading, going to meet Max Stuart, the discussions with the police, David's walking along the beach, footprints, looking for clues, the investigation - and the later criticism that he had not done sufficient work?

10. The hearing, the judge, the forensic expert and her changing her time of the murder, the implication of racial attitudes? Providing Stewart with an alibi? The disappearance of the fairground manager?

11. Chamberlain and his status in South Australia, the aristocracy, not descended from convicts, sure of his position, hoping to be Chief Justice? His personal arrogance? The encounters with his wife, the clashes, his keeping things from her, playing the piano? The dinners and the parties and his repartee, explanations? His despising Rupert Murdoch's paper? Despising O'Sullivan, badmouthing him? Going to the United Kingdom, not having to speak in the Privy Council? His version of what happened? The encounters with the Premier, the pressure from the Premier, his having to compromise at the end - and the irony of O'Sullivan saying he would get a knighthood but not be Chief Justice?

12. The portrayal of the judiciary, justice, the law, prejudice? At the initial hearing, at the trial, at the Privy Council and David O'Sullivan pleading his case, the seeming impartiality and cold attitudes of the judiciary? The Royal Commission? The police and their interrogation, lying, stating that they forgot things, even though there were contradictory witnesses? The discussion in politics, the need for compromise? The popular opinion of Max Stewart compared with the judiciary?

13. The character of Max Stuart, his background, Central Australia, white grandparent, working for Jim Sharman, the boxing, drinking, sexual encounters? Working at the fair, his meeting the girl, the taxi, the issue of time? The fairground owner supporting him? The confession, his hopeless attitude because he was Aboriginal, the possibilities of his doing it or not? The discussions with David, coming to rely on him, Helen, his neat appearance in court?

14. The intervention of Father Dixon, his personality, raising different possibilities, earnest, having worked in Central Australia, his knowledge of the Arunta language, his belief that Stewart could not have written the confession? The introduction to Professor Strehlow, his pleading with the bishop even on his knees? Rupert Murdoch and Rohan Rivett and their using him, the headlines, his travelling to Queensland to search for the fairground owner, driving through the countryside? His own personal life, the possibility of uncovering a scandal, the lawyers visiting the barmaid? The financial assistance from the Murdoch paper? His going to discuss with Stuart, in jail, Stewart trusting him? The glimpse of Professor Strehlow, his testimony, his impatience at the law?

15. Racial prejudice at the trial, the contribution of witnesses - and the contradictions with the police? The judiciary and their preventing O'Sullivan from asking the questions he wanted, and his attacks, sarcasm?

16. Rupert Murdoch, at the beginning of his career, taking over the paper in Adelaide, it being read by ordinary people, Chamberlain's wife, the upper-crust antipathy towards Murdoch? Rohan Rivett and his work as editor and journalist? The meetings with O'Sullivan and Helen, Murdoch's ambitions, using the situation, Father Dixon and the campaign, providing the money, the sensational tabloid headlines, Murdoch being interrogated by the judiciary to see whether there was a case for his being charged with inflammatory material? The future for Rupert Murdoch in hindsight?

17. The commuting of the sentence by the parliament, Stewart serving the fourteen years, his singing at the end of the film?

18. The final captions, the information about all the characters?

19. The need for Australians to re-examine such cases from the 1950s, before the referendum of 1967, estimating the prejudice of the period, and the nature of the changes in the subsequent fifty years?