A New Perspective on Justice
True crime has captured the public imagination, but Alan Erson, producer of the ABC miniseries Judgment: Cases That Changed Australia, is shifting the focus to “true law.” This series explores four landmark cases that reached the High Court of Australia, highlighting the stories of individuals who reshaped the nation. From Rodney Croome’s fight to decriminalise homosexuality in Tasmania to the late Eddie Mabo’s struggle for land rights, these cases reveal how ordinary people can challenge the system and bring about significant change.
“We looked for big stories about the law, with the highest stakes, which inevitably led us to the High Court of Australia,” says Erson. “We’re at a time when there are some people who are losing faith in democracy. That’s possibly understandable. But to see the system working for some people, some of time, is helpful.”
Landmark Cases and Their Impact
The series delves into the lives of those who fought for justice, including Vickie Roach, a Wiradjuri woman from the Stolen Generation who campaigned for prisoners’ right to vote. Each story showcases the power of the legal system to effect change, even when the odds seem stacked against the individual.
Eddie Mabo’s case in 1992 was a pivotal moment in Australian history. His battle against the doctrine of terra nullius challenged the assumption that Australia was empty before European settlement. This case not only impacted First Nations people but also forced the entire country to confront its past.
“Eddie Mabo relieved us of that,” says Erson. “As a starting point, he gave us a way out of our ugly, nasty history.”
Blending Drama and Reality
The series uses a mix of dramatisation, archival footage, and interviews with plaintiffs, their families, legal teams, and politicians. By translating complex legal language into engaging television, Erson highlights the theatrical nature of the High Court.
“There is a drama to the High Court,” he explains. “It’s just couched in complicated language. It’s like Shakespeare without the poetry. Lawyers are great storytellers. When they’re telling the story to the High Court, they’re using the language and tropes of the High Court. But when you ask them to tell the story to an ordinary person sitting next to them on the bus, they’re quite good.”
Personal Stories Behind the Law
For filmmaker Victoria Midwinter Pitt, who directed the first and third episodes, “Love” and “We Will Decide,” the project was deeply personal. She came out of the closet at 26, during a time when Rodney Croome’s fight for LGBTQ+ rights was gaining momentum.
“I spent a fair bit of some of the interviews having a little cry – sometimes tears of joy,” she recalls. Midwinter Pitt worked closely with Ahmed Al Kateb, a Palestinian asylum seeker who challenged mandatory immigration detention. Their collaboration was crucial in telling his story.
“Ahmed and I spent a lot of time agreeing about how we would do this. What he’s been through has cost him a great deal,” she says. “It’s important that Ahmed was conscious about the choices he made in terms of speaking to us. So that’s about having patience and time. And frankly, it’s a fantastic thing about the ABC returning to this realm of serious, long-form documentary-making because it can’t be done in a month.”
The Power of the Constitution
The series also reminds viewers of the importance of the Constitution, which serves as a promise to every Australian. “The Constitution is a promise to every single one of us. It tells us that the government’s powers are limited,” says Midwinter Pitt.
“It’s a great time to remind Australians why this is important. Get out the Constitution. It’s not a long document.”
Conclusion
Judgment: Cases That Changed Australia premieres at 8.40pm on Tuesday, April 14, on the ABC and ABC iview. The series offers a compelling look at the power of the law and the individuals who have shaped Australia’s legal landscape.
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