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  1. Yak

    13,672 Posts.

    Poor diddums have had their hand in the cookie jar removed. Legally!

    And fancy being upset and claiming that the process is racist.....

    So does that mean every claim result unless upheld equates to racism???.

    I dont think so

    And why the hell shouldnt they pay costs??

    I'd have to. You'd have to.

    Native title ruling racist: Yorta Yorta
    December 12, 2002

    THE Yorta Yorta people have branded the High Court dismissal of their native title claim as racist.

    Yorta Yorta spokeswoman Monica Morgan outside the High Court today / AAP

    Tears overflowed and angry voices were heard outside the High Court offices in Melbourne today as Yorta Yorta claimants learnt their appeal for land rights along the Victorian/NSW border had failed.

    Yorta Yorta spokeswoman Monica Morgan said today was a "dismal day for Aboriginal justice".

    The court, by a majority of five to two, upheld an earlier Federal Court decision that the forebears of the Yorta Yorta claimants had ceased to occupy their land in accordance with traditional laws and customs.

    The court found the claimants had not established that they had continued to acknowledge and observe those laws and customs.

    Ms Morgan said the five out of seven judges who dismissed the claim were products of a white country with a black history.

    "It's not about native title, it's about racism," she told supporters and media outside the court. "It's about recognition, it's about seeing our sovereignty."

    Ms Morgan said the Yorta Yorta people could take their legal battle no further and it appeared they were going to have to pay the legal costs of the eight-year battle.

    "We have heard today that they're so mean spirited that they (the High Court) are even saying the court costs have to be met by the Yorta Yorta people themselves," she said.

    ATSIC leader Geoff Clark said it was a sorry day in Australian history with Aboriginal traditions not recognised by the government. The Yorta Yorta native title application was lodged in February 1994, and covers about 2,000 square kilometres around the Murray River in NSW and Victoria.

    It was one of the first applications lodged with the Native Title Tribunal after its inception.

    The native title claim moved to the High Court in February 2001, after the Federal Court dismissed the claim in late 1998.

    At the time, Federal Court Justice Howard Olney found the Yorta Yorta people's ancestors ceased to occupy their traditional lands in accordance with their laws and customs before the end of the 19th century.

    In January 1999, the Yorta Yorta people unsuccessfully appealed to the Full Court of the Federal Court.

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