Dhakiyarr Wirrpanda

Dhakiyarr Wirrpanda or Tuckiar (c. 1900 - c. 1934) was a Dhay'yi and Yolngu man and a leader of his people from the Northern Territory of Australia. ^{[1] [2]}

In 1934 he was charged with the murder of Albert McColl, a police constable, at Woodah Island (Guwanŋarripa) and was sentenced to death by the Supreme Court of the Northern Territory and this sentence was then quashed by the High Court of Australia which found this to be a serious miscarriage of justice. Wirrpanda then disappeared within days of his release and foul play is suspected. ^[1]

Life in the Northern Territory

Wirrpanda was born near Blue Mud Bay, which is also known as Caledon Bay, in north-east Arnhem Land around the early 1900s. He spoke the Dhuwal language and received a traditional education from his people and went on to have three wives with only one, Djaparri (Japari/Yapparti) being identified in written records. ^[1]

Wirrpand first came to the interest of Europeans after the killing of a Japanese trepanging crew at Caledon Bay in September of 1932 which became a part of what is known as the Caledon Bay crisis. After the deaths a party of police, led my mounted constable Ted Morey, came across Wirrpanda and Djaparri on Woodah Island (Guwanŋarripa) and the pair were separated. ^[3] When Wirrpanda attempted to contact his wife the police constable, Albert McColl, shot at him and the pistol misfired. In response Wirrpanda threw a spear which killed him. ^[1] A witness later stated that McColl had sexually assaulted his wife. ^{[4] [5]}

Wirrpanda was tried for the death of McColl, and the Japanese trepangers, in April 1934 in Darwin at the Supreme Court of the Northern Territory. Being unaware that this trial would take place he and the 13 other accused travelled there alongside AJ Dyer, who was with the Church Mission Society, as a part of a 'Peace Expedition'. ^{[1] [6] [7]} They set sail on 10 April, on the Oituli, and were surprised, on their arrival, to be placed in Fannie Bay Gaol. ^{[2] [5] [8]}

Within the trial there were a series of procedural irregularities and few witnesses were called, none of which were for the defence, and the accused themselves were not allowed to testify; additionally the police tracker acted as an interpreter. ^[9] As a result of this trial, on 5 August 1934, the judge TA Wells found Wirrpanda guilty of murder and sentenced him to death by hanging. ^{[1] [2]} This sentence was not translated for Wirrpanda and was despite a plea for mercy by Cecil Cook, the then protector of Aborigines, and an outburst by Dyer that the judge and the jury had not heard the true story. ^{[3] [10]}

This caused a national outcry and was then appealed at the High Court of Australia in the case Tuckiar v The King where it was heard between 29 October and 8 November 1934 where this conviction was quashed and his immediate release from gaol was ordered. ^{[11] [12]} The court found that the original trial had been a serious miscarriage of justice. ^{[3] [13] [14]}

Wirrpanda was then released from gaol and taken to the Kahlin Compound on 12 November 1934. ^{[1] [15]} Wirrpanda, who had made plans to attend the cinema with Dyer, then disappeared from the compound and was never seen again. Many explanations have been made for the disappearance, including that h was murdered by friends of McColl, but this has never been established. There is no record of him after this date and it has remained one of Australia's oldest missing person cases. ^{[1] [2] [3]}

Wirrpanda's grandson said of this: ^[3]

That’s a long time ago – 1934. We’ve been waiting since then and we still don’t know what happened to him. If somebody knows then they are keeping it secret, but we lost our leader and we lost all of his knowledge and power.

— Dhukal Wirrpanda, as quoted in The Guardian (2025)

This story has also been told by Djaparri's daughter, Mulkun Wirrpanda, in the film Dhäkiyarr vs the King (2003). ^{[16] [17]}

Coronial findings

In 2025 a coronial findings were made in relation to the disappearance of Wirrpanda. These found that there was not enough evidence to hold an inquest as it was unlikely to locate additional information and emphasis was placed on the lack of information that were available on the “exact circumstances of death” or “remains. ^{[4] [3] [18]}

References

1. Dewar, Mickey, "Dhakiyarr Wirrpanda (1900–1934)", Australian Dictionary of Biography, Canberra: National Centre of Biography, Australian National University, retrieved 5 May 2025
2. Pretty, EW (2008). "Tuckiar also spelt as Dagier, Tarkiera (?-c. 1934)". Northern Territory Dictionary of Biography (Rev ed.). Darwin: Charles Darwin University Press. pp. 588–589. hdl:10070/492231. ISBN   9780980457810.
3. "One of Australia's oldest cold cases: why after 90 years a family is still waiting for justice". The Guardian. 12 April 2025. ISSN   0261-3077 . Retrieved 5 May 2025.
4. Sydney, University of Technology. "After 91 years, there are still more questions than answers over the death of Aboriginal man Dhäkiyarr". www.uts.edu.au. Retrieved 5 May 2025.
5. Egan, Ted (1996), Justice all their own : the Caledon Bay and Woodah Island killings, 1932-1933, Melbourne University Press, ISBN   978-0-522-87394-8
6. ""Lucky coup" capture of Tuckair". The Central Queensland Herald . Vol. 6, no. 221. Queensland, Australia. 22 March 1934. p. 35. Retrieved 5 May 2025– via National Library of Australia.
7. "Details lacking re native murderer: reported surrender of Tuckair". The Evening News . No. 3875. Queensland, Australia. 15 March 1934. p. 7. Retrieved 5 May 2025– via National Library of Australia.
8. "Return of police party". Northern Standard . No. 27. Northern Territory, Australia. 10 April 1934. p. 10. Retrieved 5 May 2025– via National Library of Australia.
9. "Spearing of Constable McColl". Gippsland Times . No. 10, 096. Victoria, Australia. 6 August 1934. p. 1. Retrieved 5 May 2025– via National Library of Australia.
10. "NT Black on trial: Tuckair sentenced to death". Chronicle . Vol. LXXVII, no. 40, 156. South Australia. 9 August 1934. p. 46. Retrieved 5 May 2025– via National Library of Australia.
11. "Aborigine's execution postponed". The Age . No. 24, 767. Victoria, Australia. 30 August 1934. p. 9. Retrieved 5 May 2025– via National Library of Australia.
12. "Aborigine's sentence quashed". Narandera Argus And Riverina Advertiser . No. 10, 478. New South Wales, Australia. 13 November 1934. p. 2. Retrieved 5 May 2025– via National Library of Australia.
13. "Tuckiar v R [1934] HCA 49; (1934) 52 CLR 335 (8 November 1934)". www.austlii.edu.au. Archived from the original on 27 April 2025. Retrieved 5 May 2025.
14. "Yolgnu Elder Dhakiyarr Wirrpanda – High Court case". National Archives of Australia. Retrieved 5 May 2025.
15. "Tuckair Free". The Maitland Daily Mercury . No. 19, 840. New South Wales, Australia. 10 November 1934. p. 8. Retrieved 5 May 2025– via National Library of Australia.
16. NFSA Player | Stream Dhakiyarr vs the King . Retrieved 5 May 2025– via player.nfsa.gov.au.
17. "Dhakiyarr vs the King / [production company] Film Australia". Collections | AIATSIS corporate website. 2003. Retrieved 5 May 2025.
18. Armitage, Elisabeth (5 March 2025). "Coroners findings Dhakiyarr Wirrapanda long term missing person" (PDF). NT Department of Attorney General and Justice. Retrieved 5 May 2025.