A high-profile case against seven Indigenous men, including six native title claimants, for alleged abalone trafficking on the NSW south coast has collapsed, with all charges withdrawn and NSW Police ordered to pay nearly $1.9 million in defence costs. Subpoenaed documents revealed that critical evidence, related to confidential native title negotiations, could not be disclosed, meaning the case should never have proceeded.

The prosecution, which ran for nearly two years and included 11 days of hearings at Nowra Local Court, has sparked renewed calls from cultural fishing advocates for the NSW government to formally cease prosecuting native title holders. Experts warn that repeated legal action against traditional fishers risks undermining Indigenous cultural practices and the passing down of knowledge that has been sustained for generations.

Traditional owners and native title law experts emphasise that cultural fishing rights, including for species like abalone, are protected under law and are distinct from recreational limits. The failed case underscores the urgent need for clear legal guidance to prevent further conflict and ensure Indigenous communities can continue practicing their culture without fear of prosecution.

Read more here