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Zelman Cowen, later Governor-General, involved .
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In
Canberra, Northern Territory MHR , Jock Nelson , (ALP) , made representations
to Immigration Minister Downer
who agreed to stay the
deportation order of the Malays for
seven days if the divers came out of hiding and bonds
of 250 pound ( $500) each were signed by responsible people . Legal proceedings would have to be started
within that period
to test the validity of the deporation orders.
The Stayput Malays again came out of hiding . A prominent legal figure, Zelman Cowen , later Governor-General of Australia
, became involved in the
case . At the time he was Professor of Law at Melbourne University and
made representations to Immigration Minister Downer on behalf of the divers .
At another large public rally the people of
Darwin once more declared their support for the men . From his report
on the saga , it seems clear that the Immigration Department's special representative , H. Gordon
Brooks ,
sent from Canberra , was not impressed with the
people of Darwin.
Overall, in so far as it can be judged, the general attitude
of the Darwin community is one of apathy . It is an issue which is
not fully understood , there have
been no public statements of the other side of the picture and there
can be no doubt that whatever views are held have been influenced by the very biased news sources available . Some of the
more responsible people of Darwin privately
expessed support for the Government
, while others have indicated
that apart from the controversial issue involved, “direct action” outside the law by a minority group cannot be
tolerated. All of such persons, however, have been reluctant to make
any public statements in the matter .
He
also stated that editor Bowditch had
conducted a number of Press campaigns against “ authority ” in the past. In the case of
the Stayput Malays, he wrote that the editor’s stance
had been undoubtedly
influenced by the fact that he was “ married to a mixed
blood girl ”. An officer in the
Prime Minister’s Department
wrongly asserted that the
NT News had carried on its
campaign against the government because its editor was “ partly coloured ”.
It was announced that leading Victorian barrister Frank Galbally had been
engaged to represent the Malays . Galbally
subsequently obtained a writ out of the High Court against
the Immigration Minister and the Commonwealth to block the deporation . Mainly
based on constitutional
grounds, the writ : stated
the Malays were British subjects living in Darwin; sued
Mr Downer ; sought a
declaration the deportation order
issued by Downer was null, void, illegal and beyond the powers of the Minister
and the Commonwealth Government ;
claimed the men had never been prohibited
immigrants within the meaning of
the Act; sought an injunction restraining the Minister or any other
person from attempting to deport
or compel the Malays to leave Australia without their consent.
The Malays flew south with Bowditch
to confer with Galbally . At Melbourne
airport the Malays and Bowditch were greeted on the tarmac
by nearly 200 university students
waving banners and singing For They Are Jolly Good Fellows.
The Melbourne University Students’
Representative Council arranged
a reception for them the following
day . At that extraordinary
meeting it was unanimiously decided to protest against the
deporation orders and a
deputation of six was appointed
to carry the protest to the Immigration Minister. The meeting said the deportion was based
on grounds of racial discrimination and also
voted to seek a change
in the White Australia policy .
Doctor
F. Knopfelmacher, psychology
lecturer at Melbourne University , said
the White Australia policy cut across
Christian principles and
Australians believed they were
Christian. The Bible showed , he
said, Christ was an Asian carpenter ,
the son of Asian parents of no fixed
abode. The Malays thanked Melbourne people for their support and Bowditch also addressed the gathering. As the High Court case was not to be heard until
February , the two men were given
employment by a Melbourne
businessman , Mr David Wang, in the furniture industry
It was the start of the federal
election , the
Stayput Malays became an
embarrassing issue for the
government , brought up at public
meetings of the PM and Downer
. At one noisy meeting , Downer
faced more than 60 jeering
students , their faces blackened with boot polish , who sang
to the tune of Michael Row the Boat
Ashore :
Old Bob Menzies he ought to know, White
Australia,
That the divers they shouldn’t go, No more
White Australia ,
Let’s be human, Let’s be bold, White Australia,
A New
world arises from the old , No more White Australia .
The
students handed out pamphlets urging changes to the White Australia policy . During a speech,
Downer said the government had played a
big part in developing the north west of
Australia and expanding export industries . An interjector responded:
“ Yes, exporting skin divers to Malaya.” A report said the Minister lost
control at one stage during the meeting . Newspapers and various community
groups,including the Australian Council
of Churches, called for the Malays to
be allowed to stay in Australia. NEXT : Incredible development sees Bowditch involved in another epic struggle with international connections .
