3 hrs ago
Australian Court Rejects Thorpe’s Bid to Prosecute King
Robbie Thorpe, an Indigenous Australian elder, wanted an Australian court to prosecute King Charles for genocide.
He says the King and Australian institutions help maintain systems that harm Indigenous people.
Three judges in Victoria rejected his request.
This was his third legal loss since 2023.
Thorpe may ask Australia’s highest court to review the decision.
He also says he may take his evidence to the International Criminal Court.
Lawyers explain that ordinary people cannot start cases at that court themselves.
The King also faced separate criticism from Earl Spencer during the same week.
Victoria’s Court of Appeal rejected Robbie Thorpe’s private prosecution attempt against King Charles III.
Thorpe alleges the King and Australian institutions are perpetuating genocide against Indigenous Australians.
The ruling was Thorpe’s third legal defeat since he began pursuing the case in 2023.
Thorpe can seek permission to appeal to Australia’s High Court, which accepts about 10% of such applications.
Legal experts say Thorpe cannot initiate an International Criminal Court prosecution but may submit evidence to its prosecutor.
- Who
- Robbie Thorpe brought the case against King Charles III, alleging wrongdoing by the King, the Australian government and Australian institutions.
- What
- The Victorian Court of Appeal rejected Thorpe’s attempt to bring a private prosecution alleging genocide.
- Where
- The case was heard in Victoria, Australia, after proceedings were initially sought in Melbourne Magistrates’ Court.
- When
- The ruling was issued on Monday the 28th; Thorpe has pursued the case since 2023.
- Why
- Thorpe argues that systems disadvantaging Indigenous Australians amount to continuing genocide.
Thorpe’s Allegations
Legal and Institutional Response
Whether genocide is being committed
Thorpe’s Allegations
Robbie Thorpe says King Charles, the Australian government and Australian institutions are perpetuating genocide through systems that disadvantage Indigenous Australians.
Legal and Institutional Response
The Court of Appeal rejected Thorpe’s attempt to bring a private prosecution, and legal experts emphasized procedural and immunity barriers rather than endorsing his allegations.
Prospects at the International Criminal Court
Thorpe’s Allegations
Thorpe says he will pursue his allegations internationally and believes the International Criminal Court could expose Australia’s conduct.
Legal and Institutional Response
Experts say an individual cannot commence an ICC prosecution; Thorpe could only provide evidence, leaving the court to decide whether to act.
Royal immunity
Thorpe’s Allegations
Thorpe seeks to hold the King accountable for alleged conduct connected to Australia’s treatment of Indigenous people.
Legal and Institutional Response
Constitutional lawyer Anne Twomey said the monarch likely has broad immunity in Australia, while noting that the issue has not, to her knowledge, been tested in an Australian court.
Key facts
- Court decision
- Three judges of Victoria’s Court of Appeal rejected Thorpe’s bid.
- Applicant
- Robbie Thorpe is a 68-year-old elder of the Krautatungalung people.
- Legal history
- The decision was Thorpe’s third legal defeat since 2023.
- Next domestic option
- Thorpe may seek permission to appeal to the High Court of Australia.
- High Court prospects
- The High Court accepts about 10% of applications for leave to appeal.
- International route
- Individuals cannot initiate prosecutions at the International Criminal Court; they can submit evidence for consideration by its prosecutor.
- Separate royal controversy
- Earl Spencer criticized the Palace’s response to claims in his memoir about King Charles and Diana, Princess of Wales.
Quotes
Robbie Thorpe
Indigenous Australian elder and campaigner who pursued the private prosecution
“An individual cannot commence a prosecution. If they've exhausted all of their options under Australian law, the best that they can do is seek to provide evidence that they believe constitutes the crime of genocide. It's then up to the International Criminal Court to determine whether they would seek to prosecute.”
easterneye.biz
“The International Criminal Court will expose Australia for what it really is — a lying, racist, illegal occupation committing genocide.”
easterneye.biz
Earl Spencer
Earl Spencer, Diana’s younger brother and memoir author
“Anyone who reads the book will see that it is a brother's loving tribute to his sister. The bits about the Royal family are really incidental to that,”
easterneye.biz
Sources
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