Aboriginal woman wins compo over neighbour's racist abuse

7.10.08

An Aboriginal woman has won $7500 compensation for being racially vilified by a former neighbour for more than two years.

In the tiny Western Australian town of Wundowie, about 70 kilometres north-east of Perth, Kaye Campbell endured derogatory and racist name-calling from neighbour Mervyn Kirstenfeldt after she and her family moved next door in Wattle Crescent.

Mrs Campbell complained under racial discrimination laws that the abuse included name-calling while her son and his friends - some Aboriginal, and some not - were playing cricket at her house on Australia Day.

That episode earned Kirstenfeldt a disorderly conduct conviction and $600 fine in the Northam Magistrates Court.

On Monday, in the Federal Magistrates Court, he was ordered to pay Mrs Campbell compensation for a number of incidents between October 2005 and November 2007.

Magistrate Toni Lucev said Kirstenfeldt wrote an unqualified apology offering his sincerest apologies and deepest regret for anything that caused Mrs Campbell, 47, and her family distress or embarrassment.

Mr Lucev said Kirstenfeldt denied allegations of unlawful conduct when cross-examined in court, and said he had been prepared to apologise because "I just want it out of my hair''.

In her complaint to the Human Rights and Equal Opportunity Commission, Mrs Campbell said she and her family were called "black bastards'' and other racist names, and were told to "go back to the scrub where we belong''.

According to the complaint: "Mrs Campbell said that she wanted ... Kirstenfeldt to stop calling her names and wanted to be compensated for the pain and humiliation that ... Kirstenfeldt has caused her.

She said the abuse did not stop even though she was granted a misconduct restraining order.

Mr Lucev awarded damages for the hurt and humiliation Mrs Campbell suffered. He said he would not make orders restraining Kirstenfeldt from breaching the Racial Discrimination Act in the future.

"In the court's view, he is unlikely to do so as Mrs Campbell has moved away, and he wishes to be rid of the matter,'' Mr Lucev said.