AustLII Home | Databases | WorldLII | Search | Feedback

Precedent (Australian Lawyers Alliance)

You are here:  AustLII >> Databases >> Precedent (Australian Lawyers Alliance) >> 2019 >> [2019] PrecedentAULA 61

Database Search | Name Search | Recent Articles | Noteup | LawCite | Author Info | Download | Help

Guthrie, Robert --- "Book review: A stolen life the Bruce Trevorrow case, by Antonio Buti" [2019] PrecedentAULA 61; (2019) 154 Precedent 43


BOOK REVIEW

A STOLEN LIFE – THE BRUCE TREVORROW CASE

Antonio Buti

Fremantle Press 2019

Dr Tony Buti has a strong connection with the stolen generations. As a lawyer at the Aboriginal Legal Service (ALS) he worked with the late activist Rob Riley, gathering and collating statements from members of the stolen and removed generations. He published papers in 1998 and 2008 that examined the impediments for claimants seeking damages after forced removal from their indigenous families. The 2008 article chronicled the landmark decision of the South Australian Supreme Court in Trevorrow v State of South Australia (No 5) [2007] SASC 285. In his latest book A Stolen life, Buti continues his examination of the Trevorrow case, this time with an in-depth examination of the life of Bruce Trevorrow, his fight for recognition and compensation and the processes he lived through to gain a final judgment.

Buti’s treatment of this important case is masterful for a number of reasons. First, the sheer grunt of his research is awe-inspiring. He gained access to the full transcript of the trial – over 3,000 pages of transcript covering more than 30 days of hearing. He interviewed over a dozen of the key players, including lead counsel for the plaintiff, the heroic instructing solicitors and the trial judge. He examined the law in minute detail. He has researched a range of cases and materials, reports and articles. His commentary on the trial is a masterclass in the description of the trial advocacy and evidence, explaining with ease the key elements of those mysterious adversarial processes. There are many sporting analogies along the way; in another life Buti could well have rivalled Richie Benaud or Dennis Commetti. The respective counsel are players in this test match we call litigation, delivering short pitched deliveries to the top order witnesses, looking for an edge to have them caught out. And not afraid of mixing his metaphors, Buti indulges in a few check-side punts for goal when the trial judge manages to pin counsel to a point.

The unique feature of Buti’s commentary is that, unlike other ‘court-case’ books, that it is not simply a run-down of the key issues and a few samples of devastating cross examination that won the day. Buti’s selection of transcript shows a deep understanding of the issues and the evidence, and his incisive sotto voce style of commentary takes the reader inside the heads of the key players.

State authorities failed to return baby Bruce Trevorrow to his family after he was hospitalised with a short illness. He did not see his biological family for ten years after he was placed in a non-indigenous household. He lost his attachment to his family and indigenous culture. He was never able to properly connect with his brothers and sisters. His father died shortly after he was taken away. Bruce led a sad and troubled life characterised by dysfunctional relationships, alcohol abuse, violence and grief but nonetheless he managed remarkably to hold down work. The loss of attachment to family and culture is analysed in detail, as it was a significant feature of the evidence. Buti introduces the reader to the work of Dr John Bowlby whose seminal report in the 1950s changed the way we view the relationship of parent and child. Bowlby’s work on attachment has been influential in many fields and in Trevorrow's case, it provides the template for understanding the dislocation suffered by Trevorrow throughout his life. The understanding of attachment theory was an important element in the ultimate discussion of damages for Trevorrow as the plaintiff. Buti’s skilful excision of the key elements in the evidence allows the reader to readily grasp the key concepts of attachment theory while appreciating the tricky rules of evidence which seem to have a habit of getting in the way.

There has been much written about the importance of the Trevorrow case. This book gives a detailed insight into the life of the plaintiff, written with compassion and empathy but not shirking the hard reflections. Buti is a fine writer. It is a hard story to read, but so well written it is hard to put down.

Robert Guthrie is Adjunct Professor of Workers Compensation and Workplace Laws at the John Curtin Institute of Public Policy and Assessor of Criminal Injuries Compensation at the Office of Criminal Injuries Compensation of WA. PHONE (08) 9425 3264 EMAIL Robert.guthrie@justice.wa.giv.au.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/PrecedentAULA/2019/61.html