Tony Maddox’s battle over Aboriginal Heritage Act conviction to wait until February following court delay

Toodyay landholder Tony Maddox’s appeal against his criminal conviction for breaching the Aboriginal Heritage Act will have to wait until next year after his barrister found himself double-booked. Mr Maddox’s appeal was initially set down for a first hearing on November 11 but was vacated because his barrister, Christian Porter, was set to start a trial in the High Court on the same day. Unable to move the trial, Mr Porter made an application to the WA Supreme Court to move Mr Maddox’s first hearing to February 20 next year with the proposal approved by the court last week. Mr Maddox’s legal case captured the attention of farmers across the nation, who argued he had been unfairly charged under the State’s 1972 Aboriginal Heritage Act — which prohibits the excavation, destruction, concealment, or alteration of Aboriginal Heritage sites. The 72-year-old was fined $2000 in Perth Magistrates Court for damaging or altering a part of the Avon River without ministerial consent in February after building a concrete crossing over a creek on his property. Mr Maddox built the bridge over an Avon River tributary, called Boyaggering Brook, in 2022 to prevent erosion caused by heavy rain and flooding. The Noongar people associate the site with the Rainbow Serpent, also known as Wagyl. Mr Maddox said he was never made aware or received any correspondence informing him of the changes to the Act that was introduced to avoid another incident like the demolition of Juukan Gorge in 2020. Mr Maddox said said he remained hopeful of a successful outcome from the appeal and reaffirmed his commitment to appeal to the High Court — funds allowing — if unsuccessful. Mr Maddox is funding his legal appeal with backing from the community — as of November 7 he had raised more than $53,000 to continue to fight his conviction. A recent addition to Mr Maddox’s property is a sign from Wheatbelt Natural Resources Management that reads; “This site is improving the health of our waterways”. Mr Maddox has hung it proudly on the front gate.