Anglican priest, traditional landowner and land rights campaigner David Passi has died. He was the last surviving plaintiff in the historic Mabo decision.
A year after the Mabo decision I travelled to the Torres Strait and met James Rice and Passi, the two successful litigants in the case. Returning by boat to the mainland from the island of Mer in the Murray Islands, the waters of the Torres Strait were exceedingly calm. As the sun glistened on the water, Passi, the Anglican pastor of the Island of Mer, stood at the back of the speed boat pointing at a small island close to the shore, declaring, 'That's Possession Island.'
He smiled broadly as he explained this was the place where James Cook came ashore after his epic voyage up the Australian eastern coastline in 1770, raising his king's flag and claiming possession in his majesty's name of all he had sailed past. Passi chuckled, 'Cook had his back to the Torres Strait when he claimed possession.'
Next day at Bamaga on the tip of Cape York, David explained the significance of the Mabo decision to a meeting of his fellow Anglican clergy. His people believe that in ancient times a figure named Malo set down the law for relations between islanders regarding their lands and waters. All islanders speak of the myth of Malo-Bomai.
Malo and his maternal uncle made a long sea journey from West New Guinea across to Mer in the east. These mythical heroes, Malo resembling an octopus, brought the eight peoples or clans into one, 'strengthening them with the qualities of a diversity of sea creatures, so giving the power to match the sea and make long journeys across Malo, the deep seas, for canoes and for battle'.
In this part of Australia, the Indigenous people define themselves in relation to land, sea, each other and seasonal time or prevailing wind. Passi, known also as Kebi Bala, explained Malo's law:
'For thousands of years we have owned the land and Malo who was the Meriam centre of it made sure that members of the society were given land. They are our laws. We have Malo ra Gelar.
'It says that Malo keeps to his own place; Malo does not trespass in another man's property. Malo keeps his hands to himself. He does not touch what is not his. He does not permit his feet to carry him towards other men's property. His hands are not grasping. He holds them back. He does not wander from his path. He walks on tip-toe, silent and careful, leaving no signs to tell that this is the way he took.'
"He will be remembered for bringing great moral authority to the understanding of how the Meriam people reconciled their traditional observance of Malo's law with Christianity." — Greg McIntyre, Mabo court case solicitor
Passi explained that since colonisation there have been two laws, 'the white man's law and Malo's law'. Holding up one of his arms, Passi told us that Malo's law is respectful of people's history and connection with the land. But it is a weak law. Holding up his other arm, he told us that the white man's law is strong. It believes might is right. Bringing both arms together, he told us that those who believe in Malo's law have to convince those who practise the white man's law that Malo's law is right. Might alone is not right. Together the two laws can make the right moral law strong and enduring for everyone.
On hearing the news of Passi's passing, Minister for Indigenous Affairs, Senator the Hon. Nigel Scullion, said: 'Aboriginal and Torres Strait Islander people's rights and interests in land have today been formally recognised over more than 40 per cent of Australia's land mass. This is in no small part a testament to the courage and determination of Fr Passi and the four other plaintiffs who fought so hard to have their land and sea rights acknowledged.'
The Member for Leichhardt, the Hon. Warren Entsch MP, said: 'Father Passi has certainly been an inspiration to our people and to our nation. His positive legacy to the Torres Strait community will live on and he will always be remembered with a great deal of admiration and fondness by those who had the privilege of knowing him.'
Mabo court case solicitor, Greg McIntyre, said: 'He will be remembered for bringing great moral authority to the claim and an understanding of how the Meriam people reconciled their traditional observance of Malo's law with Christianity.'
May Fr David Passi rest in peace. I was privileged to know him.
Frank Brennan SJ is the CEO of Catholic Social Services Australia.
Main image: Fr Frank Brennan SJ with David Passi on Thursday Island