Despite the act's stated aims being to facilitate Aboriginal testimony, it had the opposite effect, creating a situation where the massacre of Aboriginal peoples by European colonisers could not be tried solely on the evidence of Aboriginal witnesses.
The lieutenant governor George Grey was responsible for the act, and later lieutenant governor Frederick Robe was responsible for the act's amendments.[1] While its stated aim was to make provisions for unsworntestimony by "uncivilised people" to be admissible in court, the act made it possible for a judge to dismiss the testimony of an "uncivilised person or persons" as insufficient unless corroborated by other evidence - that the court could not base the conviction of a white man on the testimony of an aboriginal witness alone.[2] Although it was a progressive law for the time, the act decreed that the credibility of the evidence be left to the discretion of "the justice of the court, or jury under direction of the judge". The act also made Aboriginal testimony inadmissible in trials that carried the penalty of death.[1]
Effectively, the act created a situation where settler solidarity and the law of evidence ensured that the murder and massacreofaboriginal AustraliansbyEuropean colonisers could not be tried solely on the evidence of aboriginal witnesses.[2] Possibly in response to the Avenue Range Station massacre, where three Tanganekald women, two teenage girls, three infants, and an "old man blind and infirm" were murdered by Australian mass murderer and pastoralist James Brown, the Aboriginal Witnesses Act of 1848 was amended in July 1849 to allow a person to be convicted on the sole testimony of an aboriginal person, though this rarely occurred.[2][1]
^ abcFoster, Robert; Hosking, Rick; Nettelbeck, Amanda (2000). Fatal Collisions : the South Australian frontier and the violence of memory (first ed.). Kent Town, South Australia: Wakefield Press. pp. 79–80. ISBN9781862545335.
