The Kooma people, their society and history
7 The evidence relied upon by the applicant consists of 10 affidavits sworn by the members of Kooma People ranging in age from 42 to 75 years and various historical records, ethnographic accounts and anthropological reports.
8 The affidavits were given by Cozette Branfield, Herbert Wharton, Grace Weatherall, William Hooper, Jack Nelson, Geoffrey Drury, Cowboy Clarence Colliss, Lawrence Anderson, Bill Speedy and Cheryl Buchanan.
9 The most recent of anthropological reports dated 5 August 2011 was prepared by Dr Anna Kenny. There is also a linguistic report prepared by Mr Paul Black and an archaeology report by Mr Tony Eales.
10 I cannot adequately summarise all of the evidence before the Court in the space available to me. That evidence is thorough. The experts' reports and the affidavits are important, not only for the case, but as a record of the history of the Kooma People, and deserve to be read in full. I will briefly summarise some of the material.
11 The holders of the native title rights and interests are the Kooma People. The Kooma People are those Aboriginal people who are descended from one or more of the following ancestors:
(a) Maggie of Bendena;
(b) Kitty of Bollon;
(c) Sarah of Fernlee;
(d) Mary Button of Murra Murra;
(e) Susan Mitchell;
(f) Annie Murray;
(g) Julia Powell; or
(h) Lucy Sheridan.
12 The evidence establishes that at sovereignty, the Kooma People were a people with a distinct dialect and territory. They were linked to neighbouring groups through language and social and cultural practices, but were recognised as the exclusive occupants of their own territory under the laws and customs of the region.
13 The Kooma People were, at the time of first contact, a distinct group that derived their rights to the country through patrilineal descent, totemic associations and birth place. Their rights under their traditional laws and customs included speaking for country, occupying the country and using natural resources of the country and the right to take care of the country.
14 Sustained contact between Europeans and Kooma People started to occur within the claim area from the mid 1840s. The first documented European contacts with Kooma People in the claim area were by the explorer, Thomas Mitchell, in 1846 and then Edmund Kennedy in 1847. Mitchell stated that:
Their food consisted of fish of the river, ducks and the small indigenous melon, Cucumber pubescents, which grew in such abundance, that the whole country seemed stewed with the fruit, then ripe, and of which the natives eat great quantities, and were very fond.
15 The Kooma People were described in early ethnographic and other accounts by various names and spellings, including "Guwamu" and "Koamu", amongst others.
16 In the 1850s, squatters started to occupy land in the claim area. Kooma People were recorded as actively and fiercely resisting the intrusion of white settlers.
17 Although Kooma People fought the incursion into their country, eventually they had to adapt to the new circumstances, taking up work and residence in pastoral leases or in townships. Many Kooma families found employment and lived on pastoral stations. Nearly all the Kooma apical ancestors worked on or near pastoral stations and townships in the region. Through work and residence on or near pastoral leases, Kooma People maintained a continued connection to the land.
18 By the end of the 19th century, the majority of Kooma People appear to have been incorporated into the pastoral industry or as station workers living in camps located on the pastoral stations. Blake wrote about this period:
As pastoralists moved their sheep and cattle onto hunting grounds and waterholes, Aboriginals were forced to camp near station homesteads. In return for tasks undertaken, such as mustering by the men and cleaning and cooking by the women, they were issued with meagre rations.
19 In 1919, a new regulation was introduced under the Aborigines Protection and Restriction of the Sale of Opium Act 1897 (Qld) that increased the award wage for Aboriginal labour in the pastoral industry to two-thirds of the European station hand's award. This resulted in loss of employment for Aboriginal employees on pastoral stations and triggered the movement of Aboriginal people to fringe camps. The fringe camps were known as "Yumbas".
20 However, many Kooma People remained on pastoral stations. Kooma People continued working and camping at stations such as Boatman, Bonna Vonna, Murra Murra, Clifton, Bendena, Cubby and Yennerman.
21 Many Kooma People, such as Bill Chapman, Will Wharton, David Mitchell, Cowboy Clarence Colliss, Bill Hooper and others, have told their stories of living and working on pastoral stations in the 1950s and 1960s.
22 Hazel McKellar's book, "Woman from No Where" tells the story of her grandmother, Granny (Susan) Mitchell. Herb Wharton has documented his life and association with his country in his book "Yumba Days".
23 Contemporary Kooma People continue to live on or near their country. They continue to assert their identity as Kooma People and to acquire and pass on knowledge about their country. In particular, many Kooma People have been able to take up residence on Murra Murra and Bendee Downs Station or visit it on a regular basis.
24 The evidence establishes that the Kooma People have occupied the land in the claim area since before sovereignty and that there continues to be a thriving society of Kooma People.