Court rejects 'stolen children' claim

The policy aimed to "civilise" Aborigines

An Australian court has rejected a landmark claim for compensation by two Aborigines who claimed they were taken from their families as young children by the government.

The ruling will be a major setback to hundreds of other claimants from the so-called "stolen generation", as well as to the Aboriginal community, which is fighting for the government to acknowledge past injustices.

"It's very disturbing...Aboriginal people will throw up our hands and say, 'Where do we go from here?'

Aboriginal leader

The Northern Territory Federal Court said the government was not liable to pay Peter Gunner and Lorna Cubillo compensation and punitive damages.

Mr Gunner and Ms Cubillo sued for psychological trauma, emotional distress and isolation from the cultural lives of their Aboriginal mothers.

Thousands of Aboriginal children were forcibly removed from their families and raised by whites in a government policy to "civilise" them.

The policy lasted for nearly a century until the 1960s.

Judge's verdict

Federal Court Judge Maurice O'Loughlin said his decision should not reflect on the broader issue of the stolen generation.

Injustice spanned generations

In a verdict broadcasted live, he accepted the claimants were removed from their families to be raised as whites.

But he said there was a lack of evidence to indicate the government had acted against their best interests.

Judge O'Loughlin accepted evidence that Ms Cubillo had been viciously assaulted by a missionary while in a children's home.

He also accepted that Ms Cubillo - who has said she was regularly flooged in the home - had been very unhappy and starved of affection.

But he said evidence was lacking as to why Ms Cubillo was taken from her family.

The judge also accepted that Mr Gunner had been sexually assualted by a missionary as a six-year-old while in state care.

But he said a thumb print of Mr Gunner's mother had been found on a document approving that her son be taken into care.

Disappointed community

Aboriginal leaders expressed anger and disappointment over the verdict.

Many older aborigines worked in indentured apprenticeships

Michael Anderson, Convenor of the Sovereign Union of Aboriginal People's of Australia, said the ruling would "send shockwaves" through the community.

"It's very disturbing... Aboriginal people will throw up our hands and say, 'Where do we go from here?'"

He said he felt the courts were following the government position on the issue.

"I don't think they are looking at the personal history. We know what we went through," he said.

The contentious issue has sparked a number of protests. In May, about 150,000 Australians took part in a walk of reconciliation in Sydney supporting Aborigines.

Prime Minister John Howard has refused to apologise on behalf of the government.

The Australian government also recently dismissed a United Nations report on racial discrimination against Aborigines.