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Australia

Court denies Aboriginal woman’s ‘on Country’ request

An Aboriginal activist has slammed a “colonial” court after her application to hear evidence on culturally significant land was turned down.

Yorta Yorta and Dja Dja Wurrung woman Ruth Langford made the request ahead of her trial on trespassing charges related to anti-forest protests in 2025.

Langford argued that hearing evidence about Country in Hobart would help the court better understand Aboriginal people’s connection to the land and why it “defended Country”.

Judge Catherine Geason rejected the application on Monday, saying it would not hurt Langford’s defense case not to go to Country.

“The case can be determined fairly without the court going to the country,” he said.

Speaking outside court, Langford said the decision was a missed opportunity and that not enough detail had been given about the reasons for the rejection.

“Leadership could be shown. We want our identity and cultural knowledge to be heard in the best and most reliable way,” Langford said. he said.

Despite rejecting the application, Ms Geason stated that the courts had jurisdiction to sit in territorial locations and that evidence was heard in other jurisdictions in the Country as part of native title claims.

If accepted, it is understood evidence will be heard on culturally significant land for the first time in Tasmania’s legal history.

“It’s a new day in the colony, this isn’t new. But the year is 2026,” Langford said.

“We’ve had the reports, we’ve made speeches in parliament, now we need people to take action. This is a heartache because this is once again a blatant denial of identity.”

Tasmanian Aboriginal Center campaigner Nala Mansell said the case was evidence the island state’s inheritance laws were failing Aboriginal people.

“As a result, we see Aboriginal people like Ruth being forced to face criminal charges to fight to preserve their Aboriginal heritage simply because the legal and political system has failed,” he said.

Langford had applied for evidence to be heard at Risdon Bay, the site of a massacre of Aboriginal people by British colonists in 1804.

Charges alleging Langford trespassed and failed to comply with an authorized officer at a protest in southern Tasmania in April 2025 were dropped by the prosecution on Monday.

A hearing is expected in July on trespassing charges stemming from a January 2025 protest in Snow Hill.

Langford, who represented himself in court, had previously pleaded not guilty to all charges.

He said he should ask the witnesses if they were prepared to attend the “colonial court” and testify.

Ms Geason said she understood and respected Aboriginal peoples’ connection to Country.

Prosecutor Deanne Earley had previously told the court she had no objection to Langford’s application.

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