WARNING: Distressing content.
In March 2021, a government 'apologist' walked into a Dubbo neighbourhood centre to meet a seriously ill Aboriginal woman.
The Department of Communities and Justice apologist had, fittingly, come to offer Aunty Jane (not her real name) an apology. It marked the end of a distressing process that had begun just five months earlier, and represented a small win in Aunty Jane’s much-troubled life.
In October 2020, Aunty Jane commenced a civil claim against the NSW government.
She argued it had failed in its duty of care when she was allegedly physically and sexually abused as a child by Eddie Cockburn, the Senior Welfare Officer with the Aborigines Welfare Board in Bourke in the late 1960s and early seventies.
Aunty Jane is one of 32 individuals originally from Bourke who have commenced similar claims against the NSW government alleging abuse by Cockburn. At least 20 have been resolved so far.
Being civil claims, they aren't required to be proven to the criminal standard of “beyond reasonable doubt".
'I became so full of hate'
An actor representing "Aunty Jane" speaking with Living Black.
“I hated men and white people. I became so full of hate after the abuse. I had no trust and faith in white people," she said.
"Cockburn took all of that away."
But as the planned interview with Living Black drew closer, she became increasingly sick, upset and agitated about going on camera.
Rather than re-traumatise her, Living Black offered her a pseudonym, dropped the idea of an on-camera interview and, with her approval, used her sworn statutory declaration as a way of telling her story.
In Dubbo on that March day in 2021, legal representatives of both the government and Aunty Jane sat in separate camps waiting for the mediation to begin.
Under NSW’s Model Litigant policy, civil claims like this can take up to two years, but lawyers for Aunty Jane had sought to have the whole case expedited on the advice of her medical specialist.
Eventually, a settlement was reached but the details of the settlement and any compensation payment remain confidential.
The form of words used in the apology to Aunty Jane also remains confidential but under NSW’s Model Litigant policy, the state can apologise “where the state or an agency is aware that it has acted wrongfully or improperly.”
But according to Aunty Jane’s solicitor Michelle Martin, the apology is separate to the legal issues and negotiations over a settlement.
“It carries no legal significance in terms of liability or any admission by the institution. The lawyers usually do not take part and it is between the client, the apologist and sometimes a support person.”
“The word 'sorry' doesn't mean shit. It's no good them doing what they done and saying 'I'm sorry' for it.
"Don't do it in the first place and you won't have to [apologise].”
It’s a difficult legal journey for claimants like Marbk and Aunty Jane. Their lawyers have to establish that there was a special relationship between the welfare officer and the children in his care, and that the state can be held to account for the actions of that employee.
The passage of time and the death of the alleged perpetrator make these cases doubly difficult. Institutions like the Catholic Church are now having cases thrown out because of the death of an alleged perpetrator according to Michelle Martin.
“The courts are now permanently staying or throwing out cases where the institution says that the death of the perpetrator means they can't get a fair trial. So that's a massive hurdle that people face bringing claims now,” she said.
NITV acknowledges that Eddie Cockburn was never charged nor convicted of any crime of abuse during his lifetime and no finding of fact has ever been made against him.
To see the full statement from the Cockburn Family, follow the link below.
Living Black airs March 16 at 3pm and again at 10.30pm on SBS One, and is available on SBS On Demand after broadcast.
