Three Australian appeals court judges have reserved their decision on whether an Indigenous activist can prosecute King Charles III for alleged genocide of Australia’s Aboriginal people. Uncle Robbie Thorpe, 68, appeared before the Supreme Court of Appeal in Victoria state after two lower courts rejected his bid to launch a private prosecution against the monarch in the Melbourne Magistrates’ Court.
Thorpe’s case alleges that the king, who is also Australia’s head of state, along with the Australian government and its institutions, perpetuates genocide by maintaining systemic disadvantages for Indigenous people. Indigenous Australians, who make up 4% of the population, die younger, suffer worse health, and are more likely to be imprisoned and unemployed than other Australians, according to official statistics.
During the hearing, Thorpe told the judges that Indigenous people were dying because their disadvantage was compounding. “The Crown is responsible for all this mess,” he said. “Australia’s got away with genocide of Aboriginal people since they arrived here.” He argued that the British colonisation of Australia in 1788 involved violent seizure of land without a treaty, and that subsequent policies, including taking Indigenous children from their families, amounted to genocide.
Thorpe is attempting to charge the king under Indigenous law, state common law, and federal criminal law. However, in dismissing his earlier appeal, a judge ruled that a magistrate could not consider Indigenous law and that genocide is not an offence under common law. The federal attorney-general would also need to approve any genocide prosecution under federal law.
Justice Karin Emerton, presiding, referred to Thorpe as “Uncle Robbie” at his request. After a two-hour hearing, she said the three judges would deliver their verdict at a later date. If Thorpe loses, his final option in Australia would be the High Court, after which he says he would take the case to the International Criminal Court in The Hague.
