By Rudi Maxwell
A psychologist has rejected claims he acted as an advocate for a Yindjibarndi organisation in its long-running legal battle against mining company Fortescue Metals Group.
Expert witnesses are giving evidence in a Federal Court case between the Yindjibarndi Ngurra Aboriginal Corporation and the State of Western Australia, with FMG as the second respondent.
Fortescue chair Andrew Forrest and Yindjibarndi Aboriginal Corporation chief executive Michael Woodley.Credit: Composite image
The case will determine whether FMG must pay compensation to Yindjibarndi people for mining on their land without agreement at the Solomon Hub, a massive iron ore operation in the state’s Pilbara region.
The Yindjibarndi Ngurra Aboriginal Corporation seeks compensation for two types of destruction: of country, including sacred sites, and of community.
When Fortescue began planning the Solomon Hub, it started negotiating with the Aboriginal corporation, but the relationship began to sour in 2007 when the Yindjibarndi people realised FMG could legally destroy their sacred sites and was doing so in construction of the mine.
When the corporation refused to accept FMG’s royalty offer, the miner gave financial backing to a breakaway group, Wirlu-Murra Yindjibarndi Aboriginal Corporation, which paid people $500 each to attend a meeting that voted in favour of the deal in 2010.
Excerpts were played in court on Thursday from a recording of a conversation between psychologist Dr Jeff Nelson and Michael Woodley, chief executive of the Aboriginal corporation.
In the recorded conversation, Nelson can be heard asking Mr Woodley for clarification on conflict between cultural obligations and benefits to people who work in mining.
He also asked about problems caused by alcohol before the mine, and whether FMG founder and billionaire Andrew ‘Twiggy’ Forrest believed he could do whatever he wanted because the provision of alcohol had weakened the Yindjibarndi people.
“It’s aggravating that they’ll come in to people who are struggling and then even cause more harm by splitting the community and maintaining the split,” Nelson says in the recording.
“That’s not acceptable, it’s like kicking a dog when it’s down, you just don’t do that shit, eh?”
In the recording Woodley is heard to agree, saying: “They knew exactly what they were doing and how they could manipulate.”
Griff Ranson, a barrister acting for the State of Western Australia, accused the psychologist of being biased.
“A fair-minded listener could reasonably conclude from listening to this audio recording that your evidence is not impartial, but that you’ve become an advocate for the cause of the party that’s retained you,” he said.
Nelson disagreed.
Later in the hearing under re-examination from the Aboriginal corporation’s lawyer Tina Jowett, Nelson said he frequently used a range of psychological techniques to build empathy and confidence.
“I am not an advocate for [Yindjibarndi Ngurra Aboriginal Corporation],” he said.
“I went to great lengths to get information from both sides of this opposing divide; I was less successful on the Wirlu-Murra side.”
Nelson explained to the court that he had numerous conversations with Woodley and used a range of psychological techniques to gather information.
“Sometimes I’ll challenge and say things that go completely against the grain, which gives Michael a chance to not only tell me that I’m wrong, which I enjoy, but also to go on a different level,” he said.
“Other times I will be his best ally.”
Nelson has proposed a long-term community-led $4 million project working with trauma-informed experts to help the Yindjibarndi people reunite.
Hydro-geologists are giving evidence later on Thursday.