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Rupert Maxwell (Max) Stuart ( – 21 November 2014) was an

Indigenous Australian Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...

who was convicted of murder in 1959. His conviction was subject to several appeals to higher courts,''R v Stuart''

SASR_ The_Special_Air_Service_Regiment,_officially_abbreviated_SASR_though_commonly_known_as_the_SAS,_is_a_special_forces_unit_of_the_Australian_Army._Formed_in_1957,_it_was_modelled_on_the_Special_Air_Service,_British_SAS_sharing_the_motto,_"Who_...

_144,_Supreme_Court_of_South_Australia.html" "title="South_Australian_State_Reports.html" "title="959 South Australian State Reports">SASR The Special Air Service Regiment, officially abbreviated SASR though commonly known as the SAS, is a special forces unit of the Australian Army. Formed in 1957, it was modelled on the Special Air Service, British SAS sharing the motto, "Who ...

144, Supreme Court of South Australia">Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
(SA). the Judicial Committee of the Privy Council, and a Royal Commission, all of which upheld the verdict. Newspapers campaigned successfully against the death penalty being imposed. After serving his sentence, Stuart became an

Arrernte Arrernte (also spelt Aranda, etc.) is a descriptor related to a group of Aboriginal Australian peoples from Central Australia. It may refer to: * Arrernte (area), land controlled by the Arrernte Council (?) * Arrernte people, Aboriginal Australi ...

elder and from 1998 till 2001 was the chairman of the

Central Land Council The Central Land Council (CLC) is a land council that represents the Aboriginal peoples of the southern half of the Northern Territory of Australia (NT), predominantly with regard to land issues. it is one of four land councils in the Northern Te ...

. In 2002, a film was made about the Stuart case.

Early life

Stuart was born at Jay Creek in the

MacDonnell Ranges The MacDonnell Ranges, or Tjoritja in Arrernte, is a mountain range located in southern Northern Territory. MacDonnell Ranges is also the name given to an interim Australian bioregion broadly encompassing the mountain range, with an area of .< ...

, 45 kilometres west of

Alice Springs Alice Springs ( aer, Mparntwe) is the third-largest town in the Northern Territory of Australia. Known as Stuart until 31 August 1933, the name Alice Springs was given by surveyor William Whitfield Mills after Alice, Lady Todd (''née'' Al ...

in the

Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...

, probably in 1932.No birth records exist and Stuart believed he was 27 years of age when arrested It was a government settlement which for a time in the late 1920s and early 1930s included 45 children from a home named '

The Bungalow The Bungalow was an institution for Aboriginal children established in 1914 in Alice Springs in the Northern Territory of Australia. It existed at several locations in Alice Springs (then called Stuart), Jay Creek and the Alice Springs Telegr ...

' (37 of whom were under the age of 12) who were all temporarily housed in a corrugated shed, with a superintendent and matron housed separately in two tents. Jay Creek was home to the

Western Arrernte Arrernte or Aranda (; ) or sometimes referred to as Upper Arrernte (Upper Aranda), is a dialect cluster in the Arandic language group spoken in parts of the Northern Territory, Australia, by the Arrernte people. Other spelling variations are A ...

people. In 1937, Jay Creek was declared one of three permanent camps or reserves for the Alice Springs Indigenous population. It was intended as a buffer between the semi-nomadic people living in far western regions and the more sophisticated inhabitants of Alice Springs and environs, in particular for the non-working, aged and infirm around Alice Springs. Legally, Stuart was a '

half-caste Half-caste (an offensive term for the offspring of parents of different racial groups or cultures) is a term used for individuals of multiracial descent. It is derived from the term ''caste'', which comes from the Latin ''castus'', meaning pu ...

'As per the past uses of the terms "half caste" and "part Aboriginal" in Australian law. They are today considered offensive and no longer used. as one of his maternal great-grandfathers had been a white station owner. Stuart's paternal grandfather had been a fully initiated Arrernte and leader of a totemic clan. His father, Paddy Stuart, was also fully initiated, but as he had assumed an English surname and worked on cattle stations had not had all the secret traditions passed on to him. Max Stuart himself was fully initiated which, in 1950s Australia, was very rare for an Indigenous Australian who worked with white people. Although his sister attended the mission school, Stuart refused and had very little "western" education or knowledge of

Western religion The Western religions are the religions that originated within Western culture, which are thus historically, culturally, and theologically distinct from Eastern, African and Iranian religions. The term Abrahamic religions ( Islam, Christia ...

. At the age of 11, Stuart left home to work as a stockman around Alice Springs. As a teenager, he went on to work as a bare-knuckle

boxer Boxer most commonly refers to: * Boxer (boxing), a competitor in the sport of boxing *Boxer (dog), a breed of dog Boxer or boxers may also refer to: Animal kingdom * Boxer crab * Boxer shrimp, a small group of decapod crustaceans * Boxer snipe ee ...

and for

Jimmy Sharman James Sharman (20 June 1887 – 18 November 1965) was an Australian boxing troupe and entertainment impresario. His son also worked with him and took over for his father in 1955 after playing as a professional rugby league footballer. Bio ...

's boxing tents. In late 1958, he was working on the sideshows of a travelling fun fair. He was mostly illiterate and had problems with alcohol. In late 1957, Stuart had been convicted of indecently assaulting a sleeping nine-year-old girl in

Cloncurry, Queensland Cloncurry is a rural town and Suburbs and localities (Australia), locality in the Shire of Cloncurry, Queensland, Australia. In the the locality of Cloncurry had a population of 2,719 people. Cloncurry is the administrative centre of the Shire ...

. In that case, he had covered his victim's mouth to prevent her screaming when she awoke; he confessed to police that he "knew this was wrong" but he did not "know any big women", and that when he had liquor he could not control himself.

The crime

On Saturday 20 December 1958, Mary Olive Hattam, a nine-year-old girl, disappeared near the

South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...

n town of

Ceduna Ceduna may refer to: *Ceduna, South Australia, a town and locality *Ceduna Airport Ceduna Airport is a public airport in Ceduna, South Australia. The airport, which is owned by the District Council of Ceduna is located adjacent to the Eyre ...

(pop: 1,200), from

Adelaide Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...

. Hattam had been playing on the beach between Ceduna and Thevenard with her brother Peter and their friend Peter Jacobsen. The two boys had left at 2:30 pm to collect a tub to use as a boat but had been distracted and failed to return. At 3:45 pm Jacobsen's father, who had been fishing, pulled his boat up at the beach where Hattam had been playing but there was no sign of her. Hattam's father went to the beach at 4 pm to collect her and then called on some neighbors to help search without success. As evening fell, Roger Cardwell, who ran the local

deli Deli may refer to: * Delicatessen, a shop selling specially prepared food, or food prepared by such a shop * Sultanate of Deli, a former sultanate in North Sumatra, Indonesia Places * Deli, Boyer-Ahmad, a village in Kohgiluyeh and Boyer-Ahmad Pro ...

and was married to Mary's cousin,Roger Cardwell was later to become a newsreader for

NWS9 NWS is an Australian television station based in Adelaide, Australia. It is owned-and-operated by the Nine Network. The station callsign, ''NWS'', is an initialism of The NeWs South Australia. History Origins NWS-9 was the first television ...

and went on to win the

Logie Award The Logie Awards (officially the TV Week Logie Awards; colloquially known as The Logies) is an annual gathering to celebrate Australian television, sponsored and organised by the magazine ''TV Week''. The first ceremony was held in 1959 as the ...

in 1978 and 1981 for most popular television personality in South Australia. alerted the local police and Ceduna citizens, who were watching ''

Dial M for Murder ''Dial M for Murder'' is a 1954 American crime thriller film directed by Alfred Hitchcock, starring Ray Milland, Grace Kelly, Robert Cummings, Anthony Dawson, and John Williams. Both the screenplay and the successful stage play on which it was ...

'' in the local Memorial Hall. A search commenced and Hattam's body was found in a small cave at 12.30 am. According to the attending doctor she had been raped, mutilated and murdered between 2.30 pm and 8 pm. At 10:30 am, the local police brought in a "black tracker" Sonny Jim, who followed tracks from Hattam's body to a nearby

rockpool A tide pool or rock pool is a shallow pool of seawater that forms on the rocky intertidal shore. Many of these pools exist as separate bodies of water only at low tide. Many tide pool habitats are home to especially adaptable animals that ...

then back to the body, suggesting the murderer had washed off Mary's blood. He then followed tracks to where a travelling funfair, "Fun Land Carnival", had been on the previous day. The following day police brought to the site another black tracker, Harry Scott, who came to the same conclusions as Sonny Jim. Both trackers claimed that the footprints had been made by a member of a Northern Australian tribe who had spent some time living with white people. The local Aboriginal community lived at the

Lutheran Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched th ...

mission at Koonibba which was from Ceduna. As there was little work near Koonibba many families had moved to a block of land near Thevenard, where around 200 people lived in bark huts. Many had visited the funfair and were questioned by police. Several suspects were brought to the beach but were discounted from being responsible for the footprints by the trackers.

Suspect

The 27-year-old Rupert Max Stuart, an

man, and teenager Alan Moir had been in Ceduna on 20 December, running the darts stall for the funfair operated by Mr and Mrs Norman Gieseman. Both had gone out drinking during the day and Moir returned late that night, losing consciousness several times due to intoxication. Stuart had been arrested for drinking alcohol at 9:30 pm and was in police custody. This was because, at the time, 'full-blooded' Aboriginal people were forbidden by law to drink alcohol. In 1953 a Federal ordinance had been passed that permitted 'half-castes' to drink, but they were required to apply for a "certificate of exemption". These were commonly referred to as "Dog Licences" by Aboriginal people. Stuart had been jailed on more than one occasion for supplying alcohol to 'full-bloods'. The ban was rarely enforced in rural towns. However, since 1958, Ceduna had been combating a perceived alcohol-related "native problem" and was enforcing the alcohol ban. Although he was not drunk, Stuart had not renewed his certificate, and when arrested for drinking, was facing a sentence of 6 to 18 months in jail. He was released without charge as police resources were being dedicated to the Hattam investigation. When Stuart returned to the fair after being released the next morning, he had an argument with the Giesemans over getting 15-year-old Moir drunk and was fired. News of the murder had not reached the funfair, which packed up on Sunday morning and moved on to

Whyalla Whyalla was founded as "Hummocks Hill", and was known by that name until 1916. It is the fourth most populous city in the Australian state of South Australia after Adelaide, Mount Gambier and Gawler and along with Port Pirie and Port Augusta ...

where police interviewed the workers that night. Police interviewed Moir who claimed he and Stuart had been drinking with several 'half-castes' in Ceduna on Saturday morning. He had returned to the funfair at 10 am then left again at 1 pm. He told police he had seen Stuart, drunk, outside the Memorial Hall with "some other darkies". Police contacted Ceduna to question Stuart about the murder.

The Stuart case

When picked up on Monday, Stuart was working for the

Australian Wheat Board AWB Limited was a major grain marketing organisation based in Australia. Founded in 1939 by the Government of Australia as the Australian Wheat Board, in 1999 it was sold off by the government, initially to be owned by wheat growers. It was acqu ...

at Thevenard, 3 kilometres east of Ceduna. During interrogation, Stuart admitted being drunk and travelling from Ceduna to Thevenard on Saturday afternoon but denied the murder. Police took him outside and made him walk barefoot across sand, after which the two trackers confirmed that Stuart's tracks matched those on the beach. Stuart later confessed and, although he could not read or write, signed his typed confession with the only English he knew, his name, written in the block letters that had been taught him by his sister, misspelling his first name as "ROPERT". Following his confession, Stuart was brought to trial in the

Supreme Court of South Australia The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in ...

, with the case opening on 20 April 1959. The Judge presiding was Sir Geoffrey Reed, an experienced judge; Stuart's lawyer was J.D. O'Sullivan, assigned to him by the

Law Society of South Australia Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

. When arrested, Stuart had only four shillings and sixpence halfpenny ($0.45) and was thus unable to contribute to the cost of his defence. The Law Society had few resources and was unable to pay for many of the out of pocket expenses required for the defence case, such as checking Stuart's alibi, conducting forensic tests and consulting expert witnesses.In other states, a Public

Solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

would have been appointed to defend a person who could not afford to defend himself. The state government was at that time responsible for the solicitor's salary and for providing funds for out of pocket expenses. In 1933, the

Law Society A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated ...

had replaced the Public Solicitor in South Australia, and provided defendants with Solicitors who volunteered to take a case for no fee. In 1959, the Law Society had a

budget A budget is a calculation play, usually but not always financial, for a defined period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including time, costs and expenses, environmenta ...

of £5,000 for administration and provided solicitors for more than 1,000 defendants who were required to pay their own out of pocket expenses. It was claimed the footprints found on the beach matched those of Stuart. A taxi driver testified that he had driven Stuart to the murder scene on the afternoon of the crime. Hairs belonging to the murderer had been found in the victim's hand and had been visually compared to Stuart's by police. The hairs from the crime scene were introduced as evidence, but no attempt was made by either the prosecution or defence to match them to Stuart's own hair (the hairs have since been destroyed so cannot now be tested). The case against Stuart relied almost entirely on his confession to the police. Stuart had asked to make a statement from the dock but he could not, as he was unable to read the statement prepared from his version of events. Permission for a court official to read the statement on his behalf was refused, so Stuart was only able to make a short statement in pidgin English: "I cannot read or write. Never been to school. I did not see the little girl. Police hit me, choke me. Make me said these words. They say I kill her." This led the prosecutor to claim that Stuart's failure to give evidence was proof of guilt. Stuart had no choice but to refuse to testify. Under South Australian law, Stuart's prior criminal history could not be brought before the court as it was prejudicial. There were two exceptions; if a defendant under oath presents witnesses for his own good character or impugns the character of a prosecution witness, the prosecution is entitled to cross examine the defendant and present evidence to prove his bad character. As Stuart's defence was that police had beaten him then fabricated his confession, to state this under oath would allow the prosecution to present his prior criminal history, including the Cloncurry assault, to the jury. O'Sullivan suggested that police had forced Stuart into the confession, due to Stuart's poor command of the English language. However, the jury was unconvinced by the argument and Stuart was convicted. In line with the law, Judge Reed sentenced Stuart to death on 24 April 1959. Stuart's application for leave to appeal to the

was rejected in May 1959. His appeal to the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

in June 1959 also failed, although the High Court observed that ''certain features of this case have caused us some anxiety.'' The prison chaplain was unable to communicate with Stuart due to his limited command of English and called in

Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

priest Father Tom Dixon who spoke fluent

due to having worked on mission stations. Dixon was suspicious about the sophisticated upper class English used in the alleged confession, for example: "The show was situated at the Ceduna Oval." Stuart's native language was Arrernte, he was uneducated, could not read and only spoke a slightly advanced

pidgin A pidgin , or pidgin language, is a grammatically simplified means of communication that develops between two or more groups of people that do not have a language in common: typically, its vocabulary and grammar are limited and often drawn from s ...

Arrernte-English known as Northern Territory English.

Anthropologist An anthropologist is a person engaged in the practice of anthropology. Anthropology is the study of aspects of humans within past and present societies. Social anthropology, cultural anthropology and philosophical anthropology study the norms and ...

and

linguist Linguistics is the scientific study of human language. It is called a scientific study because it entails a comprehensive, systematic, objective, and precise analysis of all aspects of language, particularly its nature and structure. Linguis ...

Ted Strehlow Theodor George Henry Strehlow (6 June 1908 – 3 October 1978) was an Australian anthropologist and linguist. He notably studied the Arrernte (Aranda, Arunta) Aboriginal Australians and their language in Central Australia. Life Early life ...

, who had been brought up in Arrernte society and had known Stuart since childhood, also had doubts. After visiting Stuart at Dixon's request on 18 May,Father Dixon commented "Thank goodness Stuart is not a Catholic". If he had been, Stuart denying the murder would have been regarded as confidential, and Dixon would not have been able to mention his doubts over Stuart's guilt with anyone. The church holds that the seal of the confessional would be inviolable even with Stuart's life at stake. Strehlow translated Stuart's alibi from his native tongue. Stuart claimed that he had taken Blackburn's taxi to the Thevenard hotel where he had paid an Aboriginal woman £4 for sex and had remained there until arrested that night. Strehlow also tested Stuart's English.Strehlow found Stuart's English would appear to be boring and rambling to a native English speaker. Northern Territory people are often vague about dates and clock time, leading them to include unnecessary detail when describing an event. For example, in Stuart's alibi, he frequently interrupted his narrative with long word-for-word accounts of conversations he had had, despite them being totally irrelevant and of no interest. Northern Territory English also has idiomatic characteristics. "He" and "she" always follows the noun as in ''that man he told me'' instead of ''that man told me''. Also "the" is not used before nouns and "them" is used instead of "those". The police confession in contrast was grammatically correct, laid out in logical order with only detail of use to a court. Strehlow also pointed out the use of words not used in pidgin such as "awoke", "unconscious" and "raped". He later swore an affidavit to the effect that the confession could not be genuine, enabling the appeal to the High Court.

Ken Inglis Kenneth Stanley Inglis, (7 October 1929 – 1 December 2017) was an Australian historian. Early life and education Inglis was born in the Melbourne suburb of Ivanhoe, on 7 October 1929, the son of Stan and Rene Inglis. He was educated at Tyler ...

, then a lecturer at

Adelaide University The University of Adelaide (informally Adelaide University) is a public research university located in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. The university's main campus is located on N ...

, wrote in July 1959 of the doubts of Father Dixon and Ted Strehlow in the ''

Nation A nation is a community of people formed on the basis of a combination of shared features such as language, history, ethnicity, culture and/or society. A nation is thus the collective identity of a group of people understood as defined by those ...

'', a fortnightly magazine. There was further reporting on the case in the ''

Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...

'' and then

afternoon newspaper, '' The News'', took up the issue. Had police claimed the typed confession summarised what Stuart had said there would have been little controversy; however, the six policemen who had interrogated Stuart testified under oath that the document was Stuart's "literal and exact confession, word for word." One of the policemen who interrogated Stuart, chief inspector Paul Turner, stated on his deathbed in 2001 that police had "jollied" and joked the confession out of Stuart, and that once they had it, they bashed him. Fellow police officers denied Turner's claims, and insisted that the confession was verbatim, "Yes, we altered it a bit....but the substance is Stuart's." Stuart's guilt is still debated. Stuart's execution date was set for Tuesday, 7 July 1959, and the Executive Council, chaired by Premier Thomas Playford, was due to sit on 6 July to reply to any petitions presented. ''The Advertiser'' had devoted all its correspondence pages to Stuart with 75% of writers in favour of commutation. Petitions with thousands of signatures supporting commutation had already been received, but that morning the first petition supporting the execution arrived by

telegram Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas p ...

. The petition, circulated in Ceduna, Thevenard and the surrounding districts had 334 signatures. The Executive Council sat at 12:30 pm and considered the petitions for 20 minutes before issuing a statement: "The prisoner is left for execution in the due course of the law. No recommendation is made for pardon or reprieve." Stuart was told of the decision and given a cigarette. He was then informed that the execution would take place at 8 am the following morning. Father Dixon was requested to keep Stuart calm and he visited him that night. Asked if he was afraid, Stuart replied he would not be if Dixon stayed through the night, and Dixon agreed to do so. Not long after, Stuart was informed that during the afternoon, O'Sullivan had lodged an appeal to the Privy Council in London and Justice Reed had issued a 14-day stay; this appeal also failed, however.

Royal Commission

By the time the Privy Council had rejected Stuart's appeal, Father Dixon had questioned the funfair workers, none of whom had appeared at the trial, and had returned with statements from Mr and Mrs Gieseman and one of the workers, Betty Hopes. This led to a petition demanding that the death sentence be carried out but the controversy forced Premier

Thomas Playford IV Sir Thomas Playford (5 July 1896 – 16 June 1981) was an Australian politician from the state of South Australia. He served continuously as Premier of South Australia and leader of the Liberal and Country League (LCL) from 5 November 1938 to 10 ...

to call a Royal Commission. In August 1959 a Royal Commission, the ''Royal Commission in Regard to Rupert Max Stuart'', was convened by the

South Australian government The Government of South Australia, also referred to as the South Australian Government, SA Government or more formally, His Majesty’s Government, is the Australian state democratic administrative authority of South Australia. It is modelled o ...

. The Commission was appointed to enquire into matters raised in statutory declarations regarding Stuart's actions and intentions, his movements on 20 December 1958, and why the information in the declarations had not been raised in the Supreme Court or another authority before the declarations were made, and the circumstances in which the declarations were obtained and made. Before the commission, Stuart presented an alibi that his defence had never raised at the trial, that he had been working at the funfair when the crime was committed. The Commissioners declared that the suggestion that police had intimidated Stuart into signing the confession was "quite unacceptable", and on 3 December 1959, the Commission concluded that Stuart's conviction was justified.

Campaigns against death sentence

On 22 June 1959, Father Dixon contacted Dr.

Charles Duguid use both this parameter and , birth_date to display the person's date of birth, date of death, and age at death) --> , death_place = Kent Town, Adelaide , resting_place = , resting_place_coordinates = , burial_place = ...

, who ran the Aborigines' Advancement League, to discuss Stuart's situation. On 27 June, a meeting of the League, university teachers, clergymen and representative of the

Howard League for Penal Reform The Howard League for Penal Reform is a registered charity in the United Kingdom. It is the oldest penal reform organisation in the world, named after John Howard. It was founded as the Howard Association in 1866 and changed its name in 1921, ...

was held in Duguid's

Magill ''Magill'' was an Irish politics and current affairs magazine founded by Vincent Browne and others in 1977. ''Magill'' specialised in investigative articles and colourful reportage by journalists such as Eamonn McCann (who wrote its anonymous ' ...

home, where Dixon and Strehlow spoke to the meeting. It was decided to mount a campaign to keep Stuart alive, and the distribution of petitions for

Commutation of sentence In law, a commutation is the substitution of a lesser penalty for that given after a conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquitta ...

was arranged. The meeting was mentioned in a small report in '' The News'', an afternoon newspaper, but didn't mention the participants. On 30 June, the morning newspaper, '' The Advertiser'', printed a letter expressing concern over Stuart's conviction. On 1 June, ''The News'' printed a small story with the headline, ''Petitioners Run a Race with Death''. By now supporters and opponents of the death penalty were debating in the two newspapers'

Letter to the editor A letter to the editor (LTE) is a Letter (message), letter sent to a publication about an issue of concern to the reader. Usually, such letters are intended for publication. In many publications, letters to the editor may be sent either through ...

sections, but there was little concern expressed over Stuart himself. When Dr.

H. V. Evatt Herbert Vere Evatt, (30 April 1894 – 2 November 1965) was an Australian politician and judge. He served as a judge of the High Court of Australia from 1930 to 1940, Attorney-General and Minister for External Affairs from 1941 to 1949, and l ...

, federal leader of the opposition, intervened, the news was featured on the front page of the 3 July edition of ''The News''. The campaign so far had been for commutation, but Evatt argued for a retrial. Printed alongside Evatt's statement on the front page was one by the South Australian Police Association intended, it said, to inform the public "of the real facts". This statement claimed that Stuart was not illiterate and spoke "impeccable English". It also claimed that Stuart was legally classified as a white man and cited a record of offences that are not offences when committed by an Aboriginal person. It also recounted a trial in Darwin where Stuart had defended himself, personally cross-examined witnesses in English, and given evidence himself. O'Sullivan, Stuart's solicitor, wrote a reply refuting the Police Association claims; this was published the next day, citing the fact that Stuart's police record included seven convictions for "Being an Aborigine, did drink liquor", and pointing out that the President of the Police Association was Detective Sgt. Paul Turner, the most senior of the six policemen who had obtained Stuart's contested confession. The Law Society expressed outrage and stated that the Police Association statement bordered on contempt of court and would prejudice any jury hearing a future appeal. The Society strongly suggested the government fund a further appeal to the United Kingdom Privy Council. O'Sullivan was denied access to records of Stuart's trials to check the English that Turner claimed Stuart had used, and the government also refused to prevent Turner from commenting publicly on the case. As a result, the '' Sunday Mail'' (then a joint enterprise of ''The News'' and ''The Advertiser'') printed prominently on its front page O'Sullivan's "suspicion" that the government was determined to hang Stuart and was supporting the Police Association in order to do so. The Police Association statement, and later comments from Turner including that Stuart had conducted English classes for prisoners while in Alice Springs Gaol, were widely condemned and are credited with prompting the appeal to the Privy Council, putting the Stuart case in the newspaper headlines, and keeping it there. Two of the Commissioners appointed by Premier Playford, Chief Justice

Mellis Napier Sir Thomas John Mellis Napier (24 October 1882 – 22 March 1976) was an Australian judge and academic administrator. He was a judge of the Supreme Court of South Australia between 28 February 1924 and 28 February 1967, Chief Justice of South ...

and Justice Geoffrey Reed, had been involved in the case, Napier as presiding judge in the Full Court appeal and Reed as the trial judge, leading to considerable worldwide controversy, with claims of bias from sources such as the President of the Indian Bar Council, the Leader of the United Kingdom Liberal Party,

Jo Grimond Joseph Grimond, Baron Grimond, (; 29 July 1913 – 24 October 1993), known as Jo Grimond, was a British politician, leader of the Liberal Party for eleven years from 1956 to 1967 and again briefly on an interim basis in 1976. Grimond was a lo ...

, and former British Prime Minister

Clement Attlee Clement Richard Attlee, 1st Earl Attlee, (3 January 18838 October 1967) was a British politician who served as Prime Minister of the United Kingdom from 1945 to 1951 and Leader of the Labour Party from 1935 to 1955. He was Deputy Prime Mini ...

. Labor Party MP

Don Dunstan Donald Allan Dunstan (21 September 1926 – 6 February 1999) was an Australian politician who served as the 35th premier of South Australia from 1967 to 1968, and again from 1970 to 1979. He was a member of the House of Assembly (MHA) for th ...

asked questions in Parliament and played a major role in Premier Playford's decision to commute Stuart's sentence to life imprisonment. Playford's daughter, Dr Margaret Fereday, recalled arguing with him on the issue, calling him a ''murderer.'' Playford gave no reason for his decision, and the case was one of the principal events leading to the fall of the Playford government in 1965. ''The News'', edited by

Rohan Rivett Rohan Deakin Rivett (16 January 1917 – 5 October 1977) was an Australian journalist and author, and influential editor of the Adelaide newspaper '' The News'' from 1951 to 1960. He is chiefly remembered for accounts of his experiences on the Bu ...

and owned by

Rupert Murdoch Keith Rupert Murdoch ( ; born 11 March 1931) is an Australian-born American business magnate. Through his company News Corp, he is the owner of hundreds of local, national, and international publishing outlets around the world, including ...

, campaigned heavily against Stuart's

death sentence Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...

. Because of the campaign through ''The News'', Rivett, as editor, and ''The News'' itself, were charged in 1960 with

seditious Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establ ...

and malicious

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

, with Premier Playford describing the coverage as ''the gravest libel ever made against any judge in this State.'' Dr John Bray, later Chief Justice and

Chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...

of the

University of Adelaide The University of Adelaide (informally Adelaide University) is a public research university located in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. The university's main campus is located on N ...

, represented Rivett. The jury determined that the defendants had not committed an offence, and the remaining charges were withdrawn. A few weeks later, Murdoch dismissed Rivett. Rivett had been Editor-in-Chief of ''The News'' since 1951. It has been suggested that in ''

Black and White Black-and-white (B&W or B/W) images combine black and white in a continuous spectrum, producing a range of shades of grey. Media The history of various visual media began with black and white, and as technology improved, altered to color. ...

'', a 2002 film of the case, the role of Murdoch was magnified, and the part of his editor, Rivett, was minimised. However, it was noted in the Royal Commission that Murdoch wrote editorials, headlines and posters for the campaign. Murdoch himself believed Stuart guilty: "There's no doubt that Stuart didn't get a totally fair trial. Although it's probable that he was guilty, I thought this at the time. In those days – although less so now – I was very much against the death penalty." Bruce Page, Murdoch's biographer, said the case was pivotal in his career. "It was the very brief period of Rupert's radicalism, which was a very good thing for Stuart, as it got him out of the hangman's noose. Murdoch galloped into action, but it was a bad fight for him. The truth is it scared him off from ever taking on governments again. He reverted to his father's pattern of toeing the line."Ruthless Rupe is recast as an angel of mercy

The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...

4 January 2004 Stuart says of Murdoch that "He done a good one in my case" and also, "He wanted the truth, you know. I could see him out in the court. I was with the policemen; my lawyer told me it was him."

Imprisonment

Stuart was released on

parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

in 1973. He was then in and out of

jail A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...

for breaking provisions of his parole that banned consumption of alcohol until 1984, when he was paroled from

Yatala Labour Prison Yatala Labour Prison is a high-security men's prison located in the north-eastern part of the northern Adelaide suburb Northfield, South Australia. It was built in 1854 to enable prisoners to work at Dry Creek, quarrying rock for roads and con ...

for the sixth and final time. During his time at Yatala Prison, Stuart learned proper English, became literate, began painting in watercolours and acquired other work skills. In between being returned to prison a number of times for breaches of his parole between 1974 and 1984, he married and settled at Santa Teresa, a Catholic mission south-east of Alice Springs.

Significance of the case

Human rights lawyer

Geoffrey Robertson Geoffrey Ronald Robertson (born 30 September 1946) is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship.

QC said of the case:

It was a dramatic and very important case because it alerted Australia to the difficulties that Aborigines, who then weren't even counted in the
census A census is the procedure of systematically acquiring, recording and calculating information about the members of a given population. This term is used mostly in connection with national population and housing censuses; other common censuses incl ...
, encountered in our courts. It alerted us to the appalling feature of capital punishment of the death sentence that applied to people who may well be innocent.

Indigenous politics

In 1985,

Patrick Dodson Patrick Lionel Djargun Dodson (born 29 January 1948) is an Australian politician representing Western Australia in the Australian Senate. He is a Yawuru elder from Broome, Western Australia. He has been chairman of the Council for Aboriginal R ...

, then director of the

, appointed Stuart to a part-time job. This appointment transformed Stuart, giving him respect and giving rise to his successful rehabilitation. Stuart shared his knowledge of Aboriginal law and tradition, which he had gained from his grandfather as a youth, and became an

elder. Stuart subsequently became an active figure in Central Australian Aboriginal affairs, in particular with the Lhere Artepe native title organisation. Stuart was chairman of the Central Land Council (CLC) from 1998 to 2001. In 2000, as chairman of the CLC, Stuart welcomed

the Queen In the English-speaking world, The Queen most commonly refers to: * Elizabeth II (1926–2022), Queen of the United Kingdom and other Commonwealth realms from 1952 until her death The Queen may also refer to: * Camilla, Queen Consort (born 1947), ...

to Alice Springs and made a presentation to her. in September 2001, Stuart was cultural director of the Yeperenye Federation Festival. In 2004, Stuart was the Public Officer for the CANCA Aboriginal Corporation, a role derived from his employment with the Central Land Council.

Publications on the case

Books on the case were written by Ken Inglis, one of the first to publicise the doubts about the case; Sir Roderic Chamberlain, the Crown Prosecutor; and Father Tom Dixon, the priest who raised concerns about Stuart's confession. * * *

Docudrama

The first chapter of the 1993 four part '' Blood Brothers'' documentary series, ''Broken English – The Conviction of Max Stuart'' was directed by

Ned Lander Ned Lander is an Australian film producer, director and former head of SBS Independent from Adelaide, South Australia. He has produced or commissioned many culturally significant programs, including the animated children's series ''Little J a ...

. It is a

docudrama Docudrama (or documentary drama) is a genre of television and film, which features dramatized re-enactments of actual events. It is described as a hybrid of documentary and drama and "a fact-based representation of real event". Docudramas typic ...

which contains interviews with key figures in the Stuart case that alternates with dramatised recreations. Lawrence Turner plays Max Stuart with

Hugo Weaving Hugo Wallace Weaving (born 4 April 1960) is an English actor. Born in Colonial Nigeria to English parents, he has resided in Australia for the entirety of his career. He is the recipient of six AACTA Awards, Australian Academy of Cinema and Tel ...

Noah Taylor Noah George Taylor (born 4 September 1969) is a British-born Australian actor. He is best known for his roles as teenage David Helfgott in '' Shine'', Locke in the HBO series ''Game of Thrones'', Darby Sabini in the BBC One series ''Peaky Bli ...

and

Tony Barry Tony Barry (28 August 1941 – 21 December 2022) was an Australian actor and activist best known for his television and film roles. Personal life Barry was born in Ipswich, Queensland, on 28 August 1941. He had one son. Barry was an environmen ...

co-starring. Originally intended to be a documentary on the case based around Father Tom Dixon, Dixon died during production and the film was restructured as a docudrama. Historian Ken Inglis, who participated in the Stuart case as a journalist and wrote an account of the trial and appeals, praised the documentary as accurate, but noted that "anything which could have suggested that Stuart was guilty... was left out of the film." The weight of evidence, he said, tilted toward guilt rather than innocence.

Film

The 2002 feature film ''

'', directed by

Craig Lahiff Craig Lahiff (23 April 1947 – 2 February 2014) was an Australian film director. He grew up in the Adelaide suburb of Somerton Park, South Australia, Somerton Park and studied science at Adelaide University, then trained as a systems consultan ...

, was made about his case, and featured David Ngoombujarra as Max Stuart; Robert Carlyle as Stuart's lawyer David O'Sullivan; Charles Dance as the Crown Prosecutor Roderic Chamberlain; Kerry Fox as O'Sullivan's business partner Helen Devaney; Colin Friels as Father Tom Dixon; Bille Brown as South Australian Premier Thomas Playford IV, Sir Thomas Playford; Ben Mendelsohn as newspaper publisher Rupert Murdoch; and John Gregg (actor), John Gregg as

. The film won an Australian Film Institute award in 2003 for David Ngoombujarra as Best Actor in a Supporting Role. The final scene of this film was the last scene from the 1993 docudrama ''Blood Brothers – Broken English'', directed by Ned Lander. The makers of the movie were divided on whether Stuart had killed Mary Hattam. The

provided assistance to the producers of the film with the Court's Historical Collection Library producing an exhibition on the case that coincided with the Adelaide screening of the film.Supreme Court Justices Annual Report 2002
The film's producer, Helen Leake has reported that Stuart's response to seeing the film was, "It ain't half bad, but it's a long time to wait between smokes."

Documentary

A 2006 documentary ''Sunset to Sunrise (ingwartentyele – arrerlkeme)'' featured Max Stuart at his Lila Creek (Arrernte: Ananta) campsite (his ancestral home). Filmed from sunset to sunrise, Arrernte Mat-utjarra and Mu-tujulu elder Stuart discusses the significance of Indigenous culture and the Dreaming. By explaining Indigenous religion in relation to the land, he shares his beliefs on the importance of passing on Indigenous culture to keep it alive and the importance of Indigenous peoples being able to speak their tribal language as well as English.

Notes

References

External links

* – includes a discussion of the case and town locations associated with the case. * {{DEFAULTSORT:Stuart, Max 1932 births 2014 deaths Australian people convicted of child sexual abuse Australian people convicted of indecent assault Australian murderers of children South Australian royal commissions Australian people convicted of murder Australian prisoners sentenced to death Prisoners sentenced to death by South Australia People convicted of murder by South Australia Arrernte elders Politics of South Australia 1958 murders in Australia