Judges have rejected Krautatungalung elder Robbie Thorpe's landmark bid to prosecute King Charles III over the alleged genocide of Aboriginal and Torres Strait Islander peoples.
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Judges → reject → peoples
The case alleged that the king is perpetuating genocide by maintaining systems that disadvantage Indigenous people across numerous socio-economic measures.
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that → allege → measures
Mr Thorpe says he will take his allegations against the monarch to the International Criminal Court in the Netherlands.
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he → say → Netherlands
An Aboriginal elder pursuing a case of genocide against King Charles III has hit a legal hurdle.
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elder → pursue → hurdle
Judges have rejected Krautatungalung elder Robbie Thorpe's landmark bid to prosecute King Charles III over the alleged genocide of Aboriginal and Torres Strait Islander peoples.
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Judges → reject → peoples
The case alleges that the king, along with the Australian government and its institutions, is perpetuating genocide by maintaining systems that disadvantage Indigenous people across numerous socio-economic measures.
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that → allege → measures
"Australia is just totally in denial," Mr Thorpe said.
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Thorpe → say → denial
"If it wasn't for the acts of terror and the policies of genocide, Australia wouldn't exist.
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Australia → exist → genocide
Monday's ruling by Victoria's Court of Appeal was Mr Thorpe's third legal defeat since he began trying in 2023 to launch a private prosecution against the monarch in Melbourne Magistrates' Court.
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he → begin → Court
The alleged offences were continuing acts of genocide committed since September 28, 2022 against First Peoples, contrary to common law, federal law concerning genocide and First Peoples' sovereign laws.
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offences → allege → genocide
But the filing was knocked back by a senior registrar of the Magistrates' Court on the grounds that it did not reference any "proper source of law".
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it → knock → law
A judicial review by the Supreme Court upheld the registrar's decision.
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review → uphold → decision
The Court of Appeal dismissed an application by Mr Thorpe to appeal the decision on the basis that it had no real prospect of success.
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it → dismiss → success
"While acknowledging the significance of the questions raised by Uncle Robbie, the primary judge stated [correctly and self-evidently] that the only jurisdiction she could exercise was the jurisdiction of the Supreme Court of Victoria," the appeal court said.
"
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court → acknowledge → Victoria
The primary judge concluded that the senior registrar of the Magistrates' Court acted lawfully … as the charges alleged in the charge-sheet did not disclose an offence known to the law of Victoria."
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charges → conclude → Victoria
It leaves the 68-year-old activist with one final domestic option: seeking permission to appeal to the High Court of Australia.
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It → leave → Australia
Mr Thorpe said on Monday he did not expect to receive a fair hearing in Australia.
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he → say → Australia
After exhausting his options in Australian courts, he said he would take his allegations against the monarch to the International Criminal Court (ICC) in the Netherlands.
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he → exhaust → Netherlands
"The International Criminal Court will expose Australia for what it really is — a lying, racist, illegal occupation committing genocide," Mr Thorpe said.
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Thorpe → expose → genocide
British monarch has common law immunity in UK
The British monarch has common law immunity from all criminal and civil liability in the United Kingdom, a condition that has likely been inherited by Australia.
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that → have → Australia
This immunity will likely complicate any case brought against King Charles III.
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immunity → complicate → III
Mr Thorpe said his efforts in Australian courts would play a role if the case reached an international jurisdiction.
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case → say → jurisdiction
"We're exhausting the domestic remedies," he said.
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he → exhaust → remedies
"It's accruing all this unwillingness, inability, reluctance to deal with these issues.
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It → accrue → issues
"Sooner or later, we'll get a chance in the international court, and this will all be relevant."
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this → get → court
The ICC does not recognise head-of-state immunity and has the jurisdiction to prosecute on a charge of genocide.
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ICC → recognise → genocide
But an individual such as Mr Thorpe does not have the option to launch a private prosecution in the ICC.
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individual → have → ICC
The UN Security Council can refer a prosecution, but is unlikely to do so with Britain as a member.
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Council → refer → member
The most common path is for an individual to make the ICC's Office of the Prosecutor aware of evidence, as happened in cases against Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.
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Office → make → Putin
Mr Thorpe suggested Türkiye might be the country to take the charges to an international court.
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Türkiye → suggest → court
The Aporia