Aboriginal elders fined for attack

Two Aboriginal elders have been fined $1200 each and ordered to pay almost $70,000 in costs after being convicted of attacking two men who strayed onto a sacred site on native title land.

The trial had been dubbed a test case as to how far traditional owners’ rights over land granted to them under native title extended and involved extensive hearings in Broome and Bidyadanga.

Lenny and John Hopiga, from the Kitty Wells outstation near Bidyadanga attacked two men from the Bidyadanga Aboriginal Corporation who became lost while searching for a fishing spot in September 2008.

Law man Lenny Hopiga was convicted of two counts of assault occasioning bodily harm and carrying an article with intent to cause fear, while John Hopiga was convicted of wilfully destroying property and threats to injure.

The Hopigas followed the men in their own vehicles and told them they were on tribal ground before Lenny Hopiga struck one of the men several times with a wooden club.

John Hopiga jabbed at one of the men with a spear and poked a hole in a tyre.

They pleaded not guilty to the charges, but did not deny they had attacked the men.

Their defence had argued the alleged victims could have been speared or even been killed, the maximum penalty for disturbing sacred sites under Aboriginal law.

Magistrate Colin Roberts accepted the Hopigas were deeply cultural men who were protective of their land and beliefs and felt the two men had invaded the sacred site.

He said he understood the men had wanted to see how far their customary law would extend.

However, he rejected the suggestion they were justified in attacking the two men just because they had a duty, obligation and right to protect the land.

“That doesn’t provide you an excuse to attack people on your land,” Mr Roberts said.

“You have the white man’s law under which you can pursue and charge someone with trespassing on your land.”

Mr Roberts said he had imposed a much lower penalty than he could have, given the victim’s wishes that the trial not go ahead and the health of John Hopiga, who did not appear in court as he was in hospital with a serious condition.

Defence lawyer Greg McIntyre said his clients had no ability to pay costs but Magistrate Roberts said it was something they would need to settle with the Kimberley Land Council, which had paid their legal fees.

State Solicitor’s Office prosecutor Carolyn Thatcher said the drawn out nature of the case and travel expenses for witnesses led to an “enormous cost” for the case. The State had not even sought the full amount of costs, which included business class flights from Brisbane for an expert witness.