TLF ID R10296
This is an edited sound recording of former Federal Court of Australia judge Ron Merkel discussing a High Court of Australia judge's statement that a person's right to native title may have been 'washed away by the tide of history'. Merkel describes the expression, used by one of the judges in the Mabo native title case, as 'unfortunate wording that's been taken out of context'. He says that although no hurt was intended it has 'become a very hurtful term' for people who have mounted unsuccessful native title cases because 'for them the connection has never been lost'. The recording was made in December 2008.