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$525,000 for a stolen life

02 August 2007

First published in the Herald Sun

AN Aboriginal man yesterday won $525,000 in Australia's first successful "stolen generation" compensation claim.

Bruce Trevorrow, 50, who was removed from his family when he was just over a year old, was "overwhelmed" to win the payout after a 10-year battle.

A judge found Mr Trevorrow had been falsely imprisoned and that the actions of the state of South Australia had been a material cause of his later depression.

Speaking outside court, Mr Trevorrow said he would advise other Aborigines who had suffered as he had after being taken from their families to take legal action, and to "keep on going (and) persevere".

"I thought we would never get there, but the day came today," he said.

"I got the peace of mind and closure in my life."

South Australia's Supreme Court heard Mr Trevorrow was 13 months old when, on Christmas Day, 1957, his father sent him to Adelaide Children's Hospital. He had been suffering from stomach trouble.

He responded well to treatment. But in January, with the authorisation of the Aborigines Protection Board, he was removed from hospital and placed in the care of a foster family.

He never again saw his father, who died eight years later.

And he remained in foster care for 10 years, until he was returned to his mother and siblings in the Coorong region.

Mr Trevorrow sued the State of South Australia, claiming his removal had led to alcoholism, depression and a troubled life.

The court heard he'd lost his family, community and cultural identity.

Justice Tom Gray found the state had acted without legal authority when it placed Mr Trevorrow with a foster family.

"The crown solicitors of the time gave advice that the powers to remove Aboriginal children from their parents were limited," he said.

The state denied it had unlawfully removed Mr Trevorrow, arguing the Protection Board was his legal guardian.

Mr Trevorrow's brothers, Tom and George, said yesterday's ruling was significant not just for their family but "Aboriginal people all over".

His lawyer, Julian Burnside, QC, said outside court he was delighted by the judgment.

"I'm thrilled for Bruce's sake. Bruce's life has been blighted by what happened to him as a youth and a child, and I really do think this is going to help heal him," he said.

Mr Burnside said the case was about "seeking justice for one person who had been dealt with very badly by the state as an infant and a child".

Mr Trevorrow said he'd use the award to pay off his house.

State Attorney-General Michael Atkinson's spokesman, Rik Morris, said the Government would consider the "very lengthy" judgment and legal advice would be sought.

The foster care arrangement proved disastrous for young Bruce.

His new state-appointed parents told him he was white, but he struggled to understand why fellow students taunted him with names such as Boong and Darkie.

He developed severe behavioural problems. After repeated threats to give him away, his foster parents did just that when he was 10.

It was then he found out he was an Aborigine.

He also discovered his father was dead and his mother was pregnant to another man and unable to cope with the sudden return of a disturbed, estranged son.

The 10-year-old was put into institutional care.

He still shivers in fright at the memory of being kept locked up and cold, with nowhere to run for protection.

Today he and his wife, Veronica, have four children and live in a modest brick home in Bairnsdale.

He drinks and smokes too much, has been in and out of court, and has a violent temper.

He is still a little jealous of his three siblings, who weren't stolen and whose lives have turned out well.

But while he says his legal battle for justice has been gruelling, it has been worth it.

Other stolen generation cases have been either withdrawn or dismissed.

In 2002, Lorna Cubillo and Peter Gunner, of Darwin, unsuccessfully appealed to the High Court after losing their claim in the Federal Court.

Last year, Tasmania became the first state to offer compensation to Aborigines taken from their families.

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