Lawyers probe in Yindjibarndi, FMG dispute

The state has questioned the cause of the division in the Yindjibarndi community, which was alleged to be Fortescue setting up its mine in the Pilbara, in an ongoing hearing in the Federal Court.

The Yindjibarndi Aboriginal Corporation (YAC) claimed it is owed compensation from Andrew Forrest-led Fortescue Metals Group over the latter’s Solomon hub being operated on the Yindjibarndi people’s land.

A breakaway group of YAC, the Wirlu-Murra Yindjibarndi Aboriginal Corporation (WMYAC), was established in 2012 after supporting Fortescue’s compensation offer and alleging YAC was not properly representing the interests of the Yindjibarndi people.

YAC launched legal action against the state of Western Australia, with FMG as an interested party, in the Federal Court’s WA registry in 2022.

The underlying dispute has been long-running, with YAC alleging FMG caused the continuing disruption within the Yindjibarndi community.

Speaking before Federal Court judge Stephen Burley today, lawyers for the parties involved questioned psychologist Jeff Nelson on his report of the Yindjibarndi people.

Lawyer for the state, Griff Ranson, questioned Dr Nelson’s pool of informants for his data and probed the cause of the division within the Yindjibarndi community in Roebourne, where they had moved to.

“Will u agree with me it’s unsound to conclude the perspective of 1,000 people by talking briefly to two of them?” Mr Ranson asked Dr Nelson.

However, Dr Nelson told the court he was confident of the opinion that was shared with him at the time of writing the report, and he observed there was mistrust from members of the WMYAC.

Dr Nelson told the court a period of excessive drinking and the split caused by FMG were the two most difficult times in the Yindjibarndi community, as described by the people he spoke to for his report.

In court, Dr Nelson said the closure of Victoria Hotel in 2005 slowed down the intake of alcohol.

“[But] they can’t just say no to ongoing mining, that’s what I meant by that statement [in the report]," he said.

Speaking to the court, Dr Nelson said there was only one other Indigenous group he had met, in the five states of Australia he worked in, that had a similarly strong immersion to culture as the Yindjibarndi people.

“It becomes apparent very quickly how strongly immersed different groups are within what we call their traditional culture,” he said.

“Yindjibarndi, in comparison to other groups I work with, are very strong. I was very encouraged to see that.”

In 2017, the Federal Court ruled that the Yindjibarndi people have exclusive possession over the land where majority of FMG’s Solomon mine is located.

The Yindjibarndi people filed an application for native title in 2003. Two years later, Fortescue geologists discovered the Solomon iron ore deposit.

The Federal Court hearing continues.