A Wiradjuri elder who cut a chain to access a vacant block owned by Charles Sturt University and displayed a sign proclaiming the land as "Wiradjuri nation sovereignty lands" failed on Tuesday to avoid penalty by asserting that Indigenous sovereignty exempts him from Australian law.
Paul Wayne Towney, 61, pleaded not to the facts only in the sense that he refused to sign the prosecution's statement of facts at Orange Local Court in central western New South Wales, but he did not dispute that he entered enclosed land and caused property damage in an incident in February. He argued repeatedly in court that Indigenous sovereignty was never ceded and that therefore the laws now before him did not apply.
Magistrate Jeff Tunks said in a 40-minute written judgment that the prosecution had proved the elements of each charge beyond reasonable doubt. "He says that the Wiradjuri people never ceded sovereignty, he says that being the case the laws that bring him here today... do not apply to him due to that sovereignty," Mr Tunks said. "I understand the issues raised by Mr Towney, I understand why he raises them. I am duty-bound to apply the law as it stands at the moment."
Towney had cut a chain to enter the university-owned block and put up a sign reading "Wiradjuri nation sovereignty lands no unauthorised entry permitted," according to court materials. Supporters outside the court held placards including "Wiradjuri Lands in Wiradjuri hands" and "sovereignty never ceded." Towney wore a traditional kangaroo pelt in court and declined to stand to hear his sentence, saying he did not abide by "corrupt-bound legal institution policies." He said he followed in the path of Windradyne, an early 19th-century Wiradjuri warrior who resisted colonial expansion.
The magistrate sentenced Towney to a 12-month conditional release order for the property-damage charge but did not record a conviction, noting that Towney's prior criminal history was limited to driving offences. The trespass charge was dismissed.
Towney referenced a 2024 Federal Court decision on native title during his submissions. In that case, the court found that an 1823 freehold grant by Governor Thomas Brisbane was invalid and could not affect native title over land at the Paterson sports ground, a ruling that upheld a native title claim in part. Magistrate Tunks noted the legal complexity of native title matters but said High Court authority requires Australian law to be applied to citizens in ordinary criminal proceedings.
Legal experts have long distinguished between native title — a legal recognition of Indigenous rights to land under Australian law — and arguments that pre‑existing Indigenous sovereignty nullifies the jurisdiction of Australian courts. High Court rulings have repeatedly confirmed that Australian law governs within the country, though native title proceedings may recognise particular Indigenous rights where established under the Native Title Act and related jurisprudence.
The Orange court hearing drew a substantial group of supporters, some of whom had travelled from Sydney and Melbourne. Mr Tunks thanked those present for their conduct in court, describing their behaviour as respectful.
Police and university representatives have previously said the land was university property and that officers were called after access was gained by cutting the chain. Charles Sturt University did not comment in court; its statements to police and any follow-up actions were not detailed in the court record released during the hearing.
Towney's case highlights ongoing tensions in Australia over land rights, Indigenous sovereignty claims and how those assertions intersect with criminal and property law. While native title litigation continues to shape legal recognition of some traditional rights to land, courts have maintained that claims of continuing Indigenous sovereignty that would place individuals outside the reach of Australian law are not a defence in criminal proceedings.
Towney will be subject to the conditions of the 12-month release order. No conviction was recorded for the property-damage count, and the trespass matter was dismissed, concluding the immediate legal proceedings from the February incident at the Charles Sturt University site in Orange.