MABO

Australia, 2012, 105 minutes, Colour.
Jimi Bani, Deborah Mailman, Ewen Leslie, Tom Budge, Charles Passi, Rob Carlton, Colin Friels, Miranda Otto, Felix Williamson, Matthew Whittet, Leon Ford.
Directed by Rachel Perkins.

Mabo was written by Sue Smith, prolific television writer (Brides of Christ, Leaving of Liverpool, My Brother Jack, Bastard Boys).

The film was directed by Rachel Perkins, daughter of Charles Perkins, director of such films as Radiance and Bran Nue Dae.

The film is a portrait of Eddie Koiki Mabo, the Murray Islander from the Torres Strait who spearheaded the High Court challenge to the terra nullius doctrine of ownership of land in Australia.

The film opens in 1956, highlighting the young Eddie Mabo, his having to leave Murray Island, his working on the railway lines in western Queensland. His interest in the unions, his joining them, his activities – and, at the time, accusations of being a communist. It also shows his marriage to Bonita, his wife of many decades. The film shows the relationship between the two, the difficulties for Bonita, his being absent with his political activities, a final tension which sparks a moment of violence, yet the dedication that Bonita had to her husband and his causes.

The film shows Eddie Mabo and his life in Townsville, the different jobs, the union work, the establishment of a school for Aborigines and other social concerns as well as protests.

The film also shows clips from Joe Bjelke-Petersen?, Bob Katter and news excerpts – the lengths to which the Queensland government went to prevent Native Title law. The film also shows the Queensland Supreme Court as well as the High Court of Australia. Colin Friels and Miranda Otto contribute to personalities within the Queensland court.

Jimi Bani is very good as Eddie Mabo, tracing a thirty-five-year span of his life, from energetic young man, to his adult campaigns, to his final illness and death, months before the High Court decision in his favour. Deborah Mailman is very good as his wife.

The film is interesting in showing some of the actual legal characters, especially Bryan Keon-Cohen? (Ewen Leslie), Greg McIntyre? who represented Eddie Mabo in the High Court (Tom Budge) and Melbourne lawyer and civil rights activist, Ron Castan (Felix Williamson). Historian Henry Reynolds (Leon Ford) also contributed to Eddie Mabo’s opportunities for moving to court challenges.

Another feature of the film is the dramatisation of prejudice against Aborigines, Eddie Mabo not being allowed in a hotel, the family taking a child to a doctor and the hotel’s saying they were all full and refusing entry to the family. Rob Carlton plays Paddy Killoran, a supervisor in the Torres Strait in the 50s, later Minister for Aboriginal Affairs in the Bjelke-Petersen? government who tried to influence witnesses as well as confronting Eddie Mabo.

This may not be the complete story – but it is effectively presented in an under two-hour television film. It was screened on the twentieth anniversary of the Mabo decision.

1. Audience knowledge of Eddie Mabo, the process for the legal challenges, the decisions?

2. Australian opinion, changing attitudes towards Aborigines, the 1967 referendum for the vote, the doctrine of terra nullius, Aborigines and property ownership?

3. The effect of the decision? Queensland, the attitudes of the Bjelke-Petersen? government, Paddy Killorian? Parliament and its midnight activities to prevent Native Title? The deals with witnesses? The courts, the personnel? The lawyers – civil rights, careers?

4. The locations, the Torres Strait islands, Murray Island, the visuals (and the sketches and paintings throughout)? The dust of western Queensland and the rail lines? Ingham and the coast? Townsville? The work, on the railways, at sea, in the gardens of the university? The courts in Brisbane, Canberra?

5. The portrait of Eddie Mabo, Jimi Bani’s performance? The boy with his father? The later issues about Eddie’s true parentage, adoption? Ownership rights? Leadership? Fishing? Eddie and his age, flirting, the choir? The accusations of improper behaviour? The discussions with Paddy Killoran about work, Eddie not wanting to be a slave, leaving the island? Working on the railways, the heat? The meetings, his friend, the unions, the union officials and ideas, his activities? The recruiting of Torres Strait Islanders – and the newsreel footage of them working on the railways?

6. Eddie and Bonita, in Ingham, the hall for the wedding, Eddie talking to Bonita, her name? Dropping the bottle of rum? Promising that he didn't drink? The letters of apology, her replies? Their meeting? Bonita as a strong character, a good woman? The courtship, the marriage, joy, the children? Their life in Townsville? The episode of the child drinking the kerosene, the doctor, the hotel’s refusing them entry? Eddie and his being refused a beer – and his placard in the hotel that he would not leave until served?

7. The refusal of the authorities to let Eddie see his father when he was dying? His later meeting with the council on Murray Island and their rejecting his stances? The contact with the lawyers? Eddie and the protests? Bonita and her wariness, the children? Yet her supporting her husband, the newsreels of the processions and protests? The achievement, school...?

8. Eddie in the library, Noel Loos seeing him, taking him to Henry Reynolds? The talk about anthropology, the long history of the Torres Strait Islands? Politics? Ownership? The legal reactions? Joh Bjelke-Petersen? and parliament?

9. Eddie, his disappointments, becoming more self-assertive? With Bryan Keon-Cohen? The phone calls to Ron Castan? Greg McIntyre? The decisions to go to court, the consequences?

10. The hearings on Murray Island? The Chief Justice Moynihan? Margaret White? The testimony, the hearing on the island? The move to Brisbane? The interrogations? Killoran and his pressure for friends to withdraw from the claims? Killoran’s talk with Eddie?

11. Eddie and his claims, his entitlement? The Queensland legislation? His options? The court decision against him? The possibility of appeal? The possibility of going to the High Court? The High Court giving an in principle agreement to the proceeding of the case? The decision to go to Canberra?

12. The High Court, Dave joining in as a litigant again? Greg McIntyre? representing Eddie? The role of Bryan Keon-Cohen? Ron Castan? Their speeches, their interrogations in the various court hearings?

13. Eddie, at home, the tension, his anger, hitting Bonita, her leaving? His apology, the fishing, the food, the reconciliation? The children?

14. His illness, pain, his refusal to go to the doctors, going to the hospital, Bonita asking him to consult the doctors?

15. The walk along the beach, his stopping, his writing the letter – and the tribute to his wife?

16. The High Court hearing, the judges, the meetings, their studying the issues, the announcement of the decision, six to one? The joy at the result? The phone calls to Bonita, to the Murray Island? But Eddie dead five months earlier?

17. The reaction to the decision in 1992, the various politicians, Paul Keating and his Redfern speech? Eddie Mabo and his background, ordinary, working, the unions, studying, his personality, legal knowledge? The consequences of the decision – and the growing support? The significance of the film as a celebration of the twentieth anniversary of the decision?