Bob Bellear
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Robert William "Bob" Bellear (17 June 1944 – 15 March 2005) was an Australian social activist, lawyer and judge who was the first
Aboriginal Australian Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Isl ...
judge. He served as a judge of the
District Court of New South Wales The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a rang ...
from 1996 until his death in 2005. He was the brother of Sol Bellear.


Early life

Bellear was born in the far north-east of
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, and grew up near the town of Mullumbimby. His grandfather was a Ni-
Vanuatu Vanuatu ( or ; ), officially the Republic of Vanuatu (french: link=no, République de Vanuatu; bi, Ripablik blong Vanuatu), is an island country located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of no ...
man who was blackbirded to Australia to work on a sugar plantation, and his grandmother was an
Aboriginal Australian Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Isl ...
woman from Minjerribah (also known as Stradbroke Island) in
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...
. His other grandfather had been blackbirded from the
Solomon Islands Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its capit ...
. Bellear was one of nine children. Rights advocate Sol Bellear was his brother. He left school early, but could not get a job, a fact which Bellear often attributed to
racism Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonis ...
. Instead, he joined the
Royal Australian Navy The Royal Australian Navy (RAN) is the principal naval force of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (CN) Vice Admiral Mark Hammond AM, RAN. CN is also jointly responsible to the Minister of ...
, where he was trained in
mechanical engineering Mechanical engineering is the study of physical machines that may involve force and movement. It is an engineering branch that combines engineering physics and mathematics principles with materials science, to design, analyze, manufacture, an ...
and clearance diving. He was a successful
rugby union Rugby union, commonly known simply as rugby, is a close-contact team sport that originated at Rugby School in the first half of the 19th century. One of the two codes of rugby football, it is based on running with the ball in hand. In it ...
player for the Navy's representative side. He was the first Indigenous person to achieve the rank of
petty officer A petty officer (PO) is a non-commissioned officer in many navies and is given the NATO rank denotation OR-5 or OR-6. In many nations, they are typically equal to a sergeant in comparison to other military branches. Often they may be super ...
. Bellear left the Navy in 1968, with several qualifications, including
masonry Masonry is the building of structures from individual units, which are often laid in and bound together by mortar; the term ''masonry'' can also refer to the units themselves. The common materials of masonry construction are bricks, building ...
and fitting and turning. He was then able to easily find a job. For some time Bellear lived in Redfern with his wife Kaye Williams, whom he had met while in the Navy. The suburb had a substantial Aboriginal population at the time. Bellear co-founded the
Aboriginal Housing Company The Block is a colloquial but universally applied name given to a residential block of social housing in the suburb of Redfern, Sydney, bound by Eveleigh, Caroline, Louis and Vine Streets. Beginning in 1973, houses on this block were purchase ...
there in 1972 along with his wife Kaye and others, and throughout the 1970s was a director of both the Aboriginal Medical Service and the
Aboriginal Legal Service The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians a ...
. Bellear was the leader of a campaign to prevent
landlord A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, t ...
s in Redfern from evicting Aboriginal tenants, and his work led to the Whitlam government transferring ownership of The Block to the Aboriginal Housing Corporation.


Legal education and career

Bellear would regularly see the patterns of
intimidation Intimidation is to "make timid or make fearful"; or to induce fear. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victi ...
and harassment which the
New South Wales Police The New South Wales Police Force (NSW Police Force; previously the New South Wales Police Service and New South Wales Police) is the primary law enforcement agency of the state of New South Wales, Australia. Divided into Police Area Commands (P ...
practised against the Aboriginal community in Redfern. In 1972, Bellear decided that he would study law. He completed his Higher School Certificate studies at Sydney Technical College, and entered a law course at the
University of New South Wales The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensiv ...
. He became only the second Indigenous person to graduate from that university (after
Pat O'Shane Patricia June O'Shane (born 19 June 1941) is a retired Australian teacher, barrister, public servant, jurist, and Aboriginal activist. She was Australia's first Aboriginal magistrate, serving the Local Court in Sydney, New South Wales, Austr ...
) when he graduated in 1978. He was admitted to the New South Wales Bar in 1979. As a barrister, he represented many Aboriginal people in criminal trials, and was often instructed by the Aboriginal Legal Service. In 1987 Bellear was appointed as an assisting counsel to the
Royal Commission into Aboriginal Deaths in Custody The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (1987–1991), also known as the Muirhead Commission, was a Royal Commission appointed by the Australian Government in October 1987 to Federal Court judge James Henry Muirhead, ...
. In 1993 he was awarded an
honorary doctorate An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hon ...
of laws by Macquarie University. On 17 May 1996, Bellear was appointed a judge of the
District Court of New South Wales The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a rang ...
, the first Indigenous person to be appointed to any court in Australia. He served as a judge until his death. During this time he mentored young Indigenous lawyers, and encouraged students to attend his courtroom. He did not try to remain in Sydney, instead preferring the rural circuit, where he could visit Aboriginal communities in regional centres, and bring students into his courtroom.


Personal life

In his later life, Bellear was diagnosed with peritoneal mesothelioma, contracted during his time with the Royal Australian Navy, when as an apprentice engineer he was exposed to asbestos fibers. Bellear died at his home on 15 March 2005, wearing a Che Guevara T-shirt. He was survived by his wife, two children Joanne and Kali (a third son, Malu died in his early twenties in 1996) and four grandchildren. The Government of New South Wales granted Bellear a state funeral, held at the
Sydney Town Hall The Sydney Town Hall is a late 19th-century heritage-listed town hall building in the city of Sydney, the capital city of New South Wales, Australia, housing the chambers of the Lord Mayor of Sydney, council offices, and venues for meetings an ...
. It was attended by about 2000 guests, including Governor of New South Wales
Marie Bashir Dame Marie Roslyn Bashir (born 1 December 1930) is the former and second longest-serving Governor of New South Wales. Born in Narrandera, New South Wales, Bashir graduated from the University of Sydney in 1956 and held various medical positio ...
and former
Chief Justice of New South Wales The Chief Justice of New South Wales is the senior judge of the Supreme Court of New South Wales and the highest-ranking judicial officer in the Australian state of New South Wales. The Chief Justice is both the judicial head of the Supreme Co ...
Laurence Street Sir Laurence Whistler Street, (3 July 1926 – 21 June 2018) was the 14th Chief Justice of the Supreme Court of New South Wales and Lieutenant-Governor of New South Wales. He was the youngest to serve in these viceregal offices since 1844 and ...
.


References


External links

*
Judge Bob Bellear & brother Sol
photo taken at the 30th anniversary dinner of the Aboriginal Medical Service (2001) {{DEFAULTSORT:Bellear, Bob 1944 births 2005 deaths Indigenous Australian people 20th-century Australian judges 21st-century Australian judges University of New South Wales Law School alumni Australian people of Vanuatuan descent Australian people of Solomon Islands descent Deaths from cancer in New South Wales Deaths from mesothelioma Australian mechanical engineers Royal Australian Navy sailors Judges of the District Court of NSW