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