When Must we Disobey the Law?

I have written previously of my colleague and friend Dr Paul Jarrett of Phoenix, Arizona. Paul is old, smart, a tolerant arch-conservative, highly principled. He has no time for those who break his country’s laws. The term he uses for such people is ‘scofflaws’, a bright word, new to my lexicon, pregnant with possibility.

We have scofflaws abroad in Australia. A month or two ago I read – and wrote – of the suicide death of the Tamil refugee Leo. He took his life, apparently terrified of deportation. Around that time, at a school in Adelaide, two star pupils were arrested, separated and flown abruptly under guard to a detention centre in Darwin. The two had been granted temporary refuge in Australia. Their status was now under active – and in the circumstances – ominous review. Stunned, the astonished school population, from classmates to teaching body soon responding with a public petition to end the boys’ detention.

Meanwhile around a dozen fellow Tamil refugee students at the same school took fright and took flight. They disappeared from the school and from the place where the authorities required them to stay.

The students broke the law.

Four weeks later the scholars remained at large despite attempts to find them. The South Australian Police, challenged to explain this failure of policing, expressed a Pilate uninterest: “As there is no report of a breach of South Australian law this is a matter for federal authorities.” Those authorities are piously named Department of Customs and Citizenship. Officials of the Department warn citizens not to aid, abet or harbour the scofflaws on pain of penalties including gaol.

I am a citizen, one of the warned.

The idea of scoffing at the law worries Paul, a thoughtful person. I always ponder Paul’s thoughts, reflecting as they do his ninety five years of living with eyes and brain open. Australia, like the USA, is a nation of laws. The laws constrain me and protect me. Scoffing at the law carries serious implications for our community.

Scoffing at laws is not new. Ned Kelly did it. Any of us who chooses to park illegally or to speed is guilty of disrespect towards that indispensible strut that supports society, which is our communal assent to be governed.

From time to time governments find laws inconvenient; the Howard government chafed at being constrained by the treaty granting rights of persecuted people to seek refuge on Australian soil. The government created a new law that excised parts of our country from Australia. In this highly imaginative act, the laws of our country removed parts of our country from the laws of our country.

Our legislators scoffed at our laws.

After the Nuremburg laws scoffed at the laws of Germany, certain citizens became non-citizens, subject to arrest, persecution and eventual extermination. Many of those former citizens took fright, took flight and sought shelter in the homes of their neighbours. Numerous German citizens aided, abetted and harboured those non-citizens. My people honour the memory of those scofflaws, whom we term ‘righteous gentiles’.

The words of the German pastor Martin Niemoller echo and echo again in memory:

First they came for the Socialists and I did not speak out – because I was not a Trade Unionist.

Then they came for the Jews and I did not speak out – because I am not a Jew.

Then they came for me – and there was non-one left to speak for me.

Niemoller spent the last seven years of Nazi rule in concentration camps.

Grateful that Abbott-Brandis Australia 2014 is so different from Hitler Germany, I wonder still how I will respond when a Tamil scofflaw knocks at my door?

All Those Christmases at Once

NEWS BULLETIN, DECEMBER 2010

Christmas Island tragedy: Screams, yells and then they drowned…Devastated Christmas Islanders …witnessed yesterday’s horror…

After three days on Christmas Island it is my turn to take night call as doctor at the Detention Centre. At ten PM I receive a call from Team Leader, the always-smiling Henry. I hear no trace of a smile in his voice: “Security is bringing five men in to the clinic who’ve slashed themselves and another man who tried to hang himself.”

When I arrive in the clinic, all cubicles are full. There are the five men who have cut themselves, and not one, but two, who’ve tried to hang. I don’t know where to look first. I don’t want to look at all.

In the nearest cubicle a man lies flat on his back, his throat livid in the glare of the examination light. He does not move.

I speak, asking his name.

No word, no movement.

I speak loudly into his ear.

Nothing.

I press my index finger tip hard against his sternum, a really unpleasant experience for a person whose body parts retain their connections with the brain. A person with a broken neck loses such connection. The really unpleasant stimulus evokes no response. I press harder: nothing.

I rest the pulps of my fingers against the inside of his wrist. The heart does not dissimulate: it sends a pulse of blood along the man’s radial artery, at a rate of seventy times a minute.

My racing heart slows.

I try not to look too hard at the man’s throat. The damage here is only skin deep. There are more vital sites elsewhere: I check for damage to the neck vertebrae, assess pupils and reflexes and muscle tone. All are reassuring.

Finally the throat – inescapable. It is a horrible thing to see – a human neck skinned at the front. There is little or no bleeding, just a broad scarf of raw red meat, overlying a peeled adam’s apple. It is the neck of a rooster in a slaughterhouse, grotesque, the more so with a good-looking face above it and a normal torso below.

To this delicate bodily junction the detained man applied twisted sheeting, then jumped. There was not sufficient fall to damage neck bones or spinal cord; just enough to skin him.

In the bright light he is a painting, a human still life: on one side his bronze skin sheens; on his shaded parts, it darkens. A stubble bristles on his chin. I return to my patient. His arms, lightly muscled, lie flaccid at his sides. His legs neither move, nor resist movement. I watch his thin torso for rise and fall. A hint of expansion only, unconvincing, inconclusive.

This man is alive. But he does not betray any sign of consciousness. Why?

I look at his file for his SIEV number. The lower the number, the earlier the date of arrival. His is in the low 100’s. He has been waiting here a long time. Tonight was to be the end of his wait.

Now, defeated by life, he is embarrassed to know and be known by us. He lies and he pretends his wish had come true. I can make out a faint snoring sound, very soft, almost inaudible. I think of my wife and the snorer in her bed.

NEWS BULLETIN 24 JULY, 2014:

One woman putting a bag over her head, drinking half a bottle of detergent….using a broken mirror to cut herself…

On their separate couches lie the slashed men. Rising above intact skin, parallel lines of red glisten and coagulate. The lacerations are multiple, situated on left arms and the left side of abdomens.

The sole left-hander has slashed his right shoulder. A dozen narrow ribbons of his skin lie, oozing slightly, a bloody epaulette. There is insufficient width of skin here to accept an anchoring suture. Unsutured, his wounds will heal in time, leaving a grid of ugly scar, an obscure tattoo. All of his cuts are shallow: human meat as sashimi, unrepaired.

One more, one last harmer in this outbreak of harm. The nurse says: “He’s swallowed a razor blade.” A razor blade! I am sixty five years old. I am too young for this horror.

In time, the dressing station is emptied of the skin-wounded. The hanged men will stay here overnight, under observation.

MORE FROM TODAY’S NEWS:

A spokeswoman for Immigration Minister Scott Morrison said “It is longstanding Government practice not to confirm or comment…”

There remains one man, older, silent and red-eyed. I search for the site of his wound. It is too deep to be seen. The weeping man weeps for all he has witnessed, for the sorrow, for his sons.

I look at his face. O, what a grief looks through his eyes. In his crying, his mouth twists in a tragic smile. His old eyes look into mine. Lost for words, I take his hand and sit down beside him. He gazes into my face as if into a mirror. He shakes his head sadly and presses my hand.

Why is he here? His guards were troubled and decided to bring him to the clinic. His grief overwhelmed them, those large phlegmatic men. It is they, the guards, who seek treatment for him: some sedative, some vicarious remedy for the circumambient pain.

Through an interpreter, I offer him a tablet. I tell him it will help him to sleep. Before the interpreter can translate, the old man shows me again that woeful smile. He has no more tears.

He presses my hand.

He says: Ta shakour, ta shakour. Thank you, thank you.

CLOSING TODAY’S NEWS BULLETIN:

…not to comment on individual acts of self-harm.

Now, three years distant from my term on the island, haunted by guilty dreams, I can appreciate the soundness of the minister’s judgement. One must never comment on an individual. The individual is the basic unit of the human. If the minister allowed himself to see, to feel, to know the single pulsing person, he might lose his equanimity, his tight-lipped resolve. If one human saw the plight of another he’d pale, he’d shudder, he’d cry out, he’d tear apart his self-sewn lips.

And then where would we be? The boats mightn’t stay stopped.

Good News, Bad News

I drove to work one bleak and dark morning early this week and listened to the news. Big mistake.

Over the coming couple of days I glanced at the papers. Another mistake.

The news was full of reports of the depredations of a dangerous species that spoiled its earth, that sacrificed its young, that snatched and killed the young of rivals, that poisoned, bombed, burned in the name of a god, that raped and killed a defenseless woman in the garden. Geniuses in government decide that indigenous people in regional communities need poker machines, a human right.

That wretched species was our own, the human.

I glanced at The Daily Nausea this morning. The wretched chiefs we chose to lead our island nation dream up ever crueller, more wicked ways of throwing away human supplicants, now offshore, now at sea, now in our gulags. Tight of lip, narrow of soul, bereft of remorse, we succeed: we turn back the boats.

I try to avoid this sort of surfeit. I rise early and spend my reading time on poetry, secular and sacred. The truth, the beauty, these endure. They inspire me, build me up.

I can read these and after reading them I am able still to believe in the goodness of humans.

Yesterday morning with no time for the papers, no time for radio, I joined the commuter crush, took the train to work. At the terminus an oldish bloke debarked, limping, his age-dried eyes tearing and bleary, hobbled towards the gates. A broken-backed sort of bloke, stocky, his face lined, grim-looking, evidently gritting against some pain. A young woman, tallish, plumpish, running, chased after the man. The crowds impeded her, she had to weave. After two hundred metres she tapped his shoulder: “Excuse me, you dropped this.” The young woman handed the older man a disreputable-looking hanky.

He gazed at the grotty cloth:” That’s noble”, he said and thanked her.

I was that old man.

At the Hospital for Sick Children

A too large five year old fills a cot whose sides are raised. His limbs move unpredictably and without purpose. He plays with a six-month old’s bright rattle.

His Mum is Ebony, solid and calm, about thirty. She tells me some of the story of Simon, her boy, naming a heritable syndrome of faulty collagen that causes joints and bones to break or dislocate.

 

But Simon’s bigger problem is the stroke that affected him in utero. Ebony felt turbulent convulsive movements in her belly when she was 20 weeks pregnant. Her tummy had swelled excessively, a sign of polyhydramnios, a hint of underlying abnormality in her unborn child. An urgent MRI showed cysts in both sides of the baby’s brain. After Simon was born he suffered seizures. It took two years before the doctors found the right medications to control Simon’s fits.

 

Ebony tells me all this levelly, undramatically, without reflecting on the strain and the burden she bears for this child she loves. Somehow too, she shows me she is not denying that strain; simply this is Simon’s story; she, Ebony, is not the story.

 

Scanning the clinical notes I gather Simon and Ebony live alone. “What about Simon’s Dad, is he part of Simon’s life?” – I wonder.

“Yes. One day a week… he left six months after Simon was born. He said it was too much for him…he’s a social worker.” A smile, not bitter, but of learned knowing.

 

“I started studying Art while Simon was in Respite. My work is showing in Perth at the Biennale. I sold a picture!”

Another smile, this one of delighted pride.

“The man who bought it was a senior man in the government. When he discovered my opposition to our mandatory detention of refugee children he told me he wouldn’t have bought it if he’d known that.”

 

At my request, Ebony pulls out her portable picture gallery, a series of images on her phone. I lack the vocabulary for the power and originality, the life, in these electrifying images.

“I paint on paper in oils.” I can see from her phone how the oils give a vividness to Ebony’s pictures.

She continues: “I said to that government man, ‘You can have your money back if you want to return the picture.’ But he hung on to it.’” Another Ebony grin.

“And Mr. Morrison, the minister in charge of that cruel policy, he wanted one of my images for his Christmas cards. I said, ‘Sure. You can have the image free of charge. Just change your policy first.’ He sacked the man who took that message to him.”

 

I read Ebony my blog piece – “How We Killed Leo”. Ebony gasps when I read of Leo gifting his organs: “I knew Leo. Down Geelong way, we all did. We all loved him. Such a good person. I never knew about his organ donations. And now we’ve lost him.”

 

Two minds in unexpected harmony.

 

We look down at Simon who continues his sporadic horizontal calisthenics. His belly is large, oddly misshapen. As if it were filled with tumours. I ask Ebony some doctor questions. She shakes her head to all my questions until I ask about the boy’s bowel habit. “He hasn’t pooed for a week. Geelong Hospital sent me to the city because they know him here. They’ll do an enema here and then we’ll drive home.”

I make some calculations: nine hours from her door and back. Nine hours of time and waiting and caring. I look at Ebony and she smiles: “It’s a relief. As long as Simon’s alright…”

How we Killed Leo

Leo was an asylum seeker.  Let us put aside that weary term and see what Leo was and how we came to know him. Leo was a Tamil. That means he was born into that minority in Sri Lanka which gave rise to the Tamil Tigers. The Tigers rebelled violently against the Sinhalese majority, earning a reputation for terrorism.
A civil war was conducted over many years, culminating in a government offensive that put down the rebellion and targeted civilians. If I read the story right, both the Tigers and the government were guilty of atrocities.
Leo was a baby when, during the worst of the bombings, his father wrapped him in banana leaves and hid him in the jungle. The family fled to India when Leo was five. He lived there in a miserable camp for twenty years, visiting Sri Lanka once to see family. He was imprisoned and tortured. Why? I don’t know precisely, but the explanation would have to start with the fact he was a Tamil.
Leo became an asylum seeker, a boat person, a “queue jumper”, and made his way to Cocos Islands. After only four months of detention, Leo was resettled near Geelong.
That means the Australian authorities – Customs, Immigration, ASIO – found him to be a non-terrorist. They found that speedily.  Leo was judged not to be a risk to Australia.  He was given a Bridging Visa, which allowed him to work but did not endow him with Permanent Resident status.

We said, “Leo, although you jumped our queue, we are letting you into the country and out into the community. But you are a guest. We can tell you at any time to go back where you came from.”
In the last few weeks Leo learned that a couple of Tamil men with stories similar to his own had been taken back into detention. These two faced the prospect of joining the one thousand Tamils whom we have sent back to Sri Lanka where they face persecution. Leo knew that persecution; he knew it in his tortured mind and in his body.

How did Leo spend his time on the Bellarine Peninsula? He worked two days a week for an asphalting company, cleaning greasy trucks. In his spare time he volunteered in an aged care home, he donated blood, he helped bring aid packages to asylum seekers new to the community, he sent money every month to an orphanage in the refugee camp in India that is still his parents’ home.

Leo became an organ donor. Did he expect to die?
Mister Morrison, our Immigration Minister, declares Leo showed no signs of suicidal intent. We know Mister Morrison, a minister who acts as Ruddock spoke, with icy resolve. Only Morrison doesn’t speak to us much. We might judge from his record his capacity for empathy, for humanity. Our minister said Leo’s death “is a terrible and tragic incident and none of us can know the mind of a person in this situation.”
Here is where I can help the minister. I know the mind of a person in the situation of such parlous existence, endlessly uncertain what his fate will be, of having it determined by the opaque decisions of governments and ministers. I know it by the accident of my unusual experience working among detained people in Christmas Island. I know it too by the not unusual gift of empathy. I know Leo’s death was not an incident – far from incidental – it was our doing and it was in the statistical sense, predictable. We saw that with the Tamil man who burned himself to death a few weeks before Leo.

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