Fortescue dirty tricks claim two more heads

YINDJIBARNDI ABORIGINAL CORPORATION, 14 March 2013 - Fortescue dirty tricks claim two more heads

Yesterday the National Indigenous Times (NIT) reported that Bruce Woodley, chairman of the Wirlu-Murra Yindjibarndi Aboriginal Corporation (WMYAC), was “bullied and intimidated” into standing down because he told ABC’s 7.30 and the NIT that FMG and its “snake in the grass” agent, Michael Gallagher, controlled WMYAC; and because he sent letters complaining of malfeasance at WMYAC to ORIC and ASIC.

DOWNLOAD 20130313 Bruce Woodley walks out

WMYAC Business Manger, Bruce Thomas, has also been sacked following on the assistance he provided to Chairman Woodley in releasing damning WMYAC minutes, invoices and emails corroborating conflicts of interest by Mr Gallagher.

FMG has on three other occasions tried to silence whistleblowers, namely: Lawyer Kerry Savas of Corser & Corser[1]; Anthropologist Sue Singleton of Eureka Heritage[2]; and Anthropologist Brad Goode[3].

Moreover, the legal firm Corser & Corser was sacked as the Legal representative of WMYAC following attempts by Mr Savas to initiate mediation between WMYAC and Yindjibarndi Aboriginal Corporation (YAC).

FMG’s routine method has been to ensure that any personnel who reveal evidence contrary to the spin Fortescue deploy to gain government approvals for mining, are removed and silenced by intimidation and threats of legal action. This intimidation has extended to media such as The Australian, Mornings with Geoff Hutchison (720 ABC Perth), The National Indigenous Times, and ABC’s 7.30 program.

According to the NIT, lawyers representing WMYAC—(the public record shows that Integra Legal represent WMYAC)—responded to revelations by Bruce Woodley and Bruce Thomas by writing Statutory Declarations in which Thomas and Woodley recant their previous statements and actions, and then bullied them into signing these Declarations.

The NIT cites a statement released by Bruce Woodley last week which names “Mr Gallagher and a lawyer acting on behalf of WMYAC in having ‘pressured and coerced’ him into signing two Statutory Declarations ‘that I had no part in drafting’.” The report states that Bruce Woodley and his wife Wendy Hubert have “described the Statutory Declaration as fraud”; and said “Mr Woodley did not know what he was signing and he had been bullied and intimidated into signing them”.

DOWNLOAD 20130305 Bruce Woodley statement following Resignation

Bruce Woodley also reconfirms that WMYAC is “nepotistic, a front for the mining company [Fortescue Metals Group] which exclusively funds it and that its personnel had degenerated into bullying, intimidation, coercion and fraud”.

In regard to Mr Thomas, the NIT reports:

“WMYAC Business Manager, Bruce Thomas approached the National Indigenous Times and not only corroborated everything Mr Savas and Mr Woodley had reported […] but added a litany of staggering allegations of gross misconduct, nepotism and in fact what amounted to allegations of corruption within WMYAC.”

[Mr Thomas] has since claimed he signed the Statutory Declaration because he believed he had no choice at the time. He said he signed it to protect his job so he could continue on with the organisation and right wrongs from the ‘inside’” […] He is now ‘broken’ and ‘messed up’ by what has eventuated and regrets being ‘intimidated’ into having signed a Statutory Declaration he knew to be false. He did not see the termination of employment with the WMYAC coming.”

Indeed, just one week earlier, in FMG’s Perth offices, Mr Thomas took his place in a publicity shot for the announcement of the FMG/WMYAC Joint Venture.

This “circus”, as the NIT describes it, has gone on for two years now, with consequences so destructive for the cultural heritage of Yindjibarndi country, that they constitute cultural genocide—a ‘cleansing’ of heritage sites and the ancestral connection, and the religious observance they verify.

FMG’s Solomon project will entirely destroy stretches of Ganyjingarringunha Yaayu Wundu (Kangeenarina Creek East) where Gandi [sacred stones] are ‘summoned up’ and collected for use in ceremonies; and along with it, hundreds of Yindjibarndi sites dating back forty thousand years, including caves and walled niches holding ancestral remains, rock art, ochre quarries and other sacred resources employed in contemporary Yindjibarndi religious practice.

Despairing at the cultural annihilation she saw coming, one of the professionals sacked and silenced by FMG appealed to the Department of Indigenous Affairs (DIA): “It is quite ironic that a project that has facilitated the discovery of such an amazing resource into knowledge and discovery of the traditional life and practices of the Yindjibarndi will now also facilitate its destruction. In this light, I respectfully urge the DIA to inquire further into the levels of ethnographic enquiry carried out by FMGL and ensure that an appropriate and acceptable level of cultural heritage management is carried out before the opportunity is forever lost due to the total destruction of the resource.”[4]  

Ms Singleton’s appeal met deaf ears, blind eyes and dumb mouths.

With their cynical manipulation of a few Yindjibarndi people at WMYAC, FMG have driven trucks through provisions of the Native Title Act (NTA) and State Aboriginal Heritage Act (AHA), which claim to, but fail to right the wrongs of the past or protect Aboriginal culture—all so that Fortescue can get dirt cheap access to Yindjibarndi lands for its Solomon mining project.

FMG have shown not just the lie of the native title promise and State heritage provisions, but the moral vacuum at the heart of the Barnett Government, which has not lifted a finger to bring this grim circus to an end.

ALSO SEE 20130313 Yindjibarndi say it’s time for Fortescue to pay up

Contact

Michael Woodley YAC CEO—0419 097 130    mwoodley@juluwarlu.com.au

George Irving YAC In-House Legal Counsel—0417903785    gmirving@tpg.com.au

For media materials please contact    media@juluwarlu.com.au

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[1] http://yindjibarndi.org.au/yindjibarndi/; 121031 Whistleblower reveals FMG Mining deal bombshell; 121017 The story of David & Goliath The Yindjibarndi and FMG

[2] 111105 Sue Singleton to Registrar; 111123 Archaeologist supports claims Fortescue damaging sacred sites

[3] 121017 Miner tried to fudge study-anthropologist; 121024 Expert pressured by FMG

[4] 111105 Sue Singleton to Registrar