Black and White

South Australian lawyers still argue passionately about the guilt or innocence or Rupert Maxwell Stuart.

A young white girl was brutally raped and murdered.

A part-Aboriginal man was accused. He was drunk (and, by admission, lust filled) at the time the offence occurred.

At the time, the commission of such an offence would have seen Stuart swinging at the end of a rope.

Enter Robert Carlile (playing David O'Sullivan) and Kery Fox (Helen Devaney) his impoverished lawyers, passionate, and alcoholic respectively.

This is the story of how this unlikely (and tragic, for O'Sullivan and Fox, in real life, self-destructed soon afterwards) worked day and night to save Stuart from the gallows.

Instrumental in this was the young Rupert Murdoch (Ben Mendelson) and the Priest Father Tom Dixon.

The point of all this is not Stuart's guilt or innocence. It is about O'Sullivan and Fox, and their 15 minutes of fame. It is about Murdoch, and the ways in which the press influences criminal justice (there were two South Australian hangings after the Stuart case), reported, by Murdoch's "The News" in sober and pro-government terms.

For those reasons, as an examination of long ago attitudes, and of issues of press influence, this is an important film.

A great movie? Probably not? Consider the following. When Murdoch sits down with the defence team to discuss his proposed press campaign for a reprieve, and is told that if the public will not warm to Stuart's case and Murdoch will not personally intervene, "a man will die".

Murdoch replies, "then a man will die!".

This not a movie about Stuart and Chamberlain; it's about O'Sullivan, Cox, Murdoch and the media. It's about hard-working lawyers and cynical Newspapermen. And on that level, it succeeds.

A half-caste aborigine in 1950s Australia is sentenced to death on little more than racist supposition over the rape and murder of a young girl. Penniless and inexperienced good-guy lawyers, Robert Carlyle and Kerry Fox, go up against the system to save the man's neck from the gallows. David Ngoombujarra, as the half-caste, turns in a moving performance, the story has sufficient emotional pace, legal twists and unusual setting, yet for some reason manages to peter down like a wet squib. The climax doesn't seem to do the rest of the film justice, and the reminder that it is based on true events comes too late (at the very end of the credits) to have the proper impact. Black and White is an interesting film, but more of a near miss than a resounding success.

Adelaide, Australia, 1958 and a 9 year-old girl is found brutally murdered and raped. The police quickly, perhaps a little too quickly, find a suspect: Max Stuart, a young illiterate and heavy drinking half-caste Aborigine man (Ngoombujarra – CROCODILE DUNDEE IN L.A.) from out of town who, once in custody, confesses to the crime. As it's a legal aid case Stuart is appointed lawyers in the shape of local team Carlyle (THE WORLD IS NOT ENOUGH, FULL MONTY) and Fox (THE GATHERING, THE POINT MEN). Prosecuting is arrogant, experienced and privileged-class Crown Solicitor Dance (ALIEN 3, LAST ACTION HERO). Stuart's story is that he is innocent and that the police beat the confession out of him, but faced with a bigoted community and the overwhelming skill and legal connections of Dance's character, the odds prove too overwhelming for the young, inexperienced duo.

Stuart is predictably found guilty and sentenced to be hanged.

Carlyle's character however does not give up that easily and, helped in his quest by the prison priest (Friels – DARK CITY, THE MAN WHO SUED GOD) and a young newspaper publisher called Rupert Murdoch (Mendelsohn – VERTICAL LIMIT), he continues to discover new evidence and witnesses, and proceeds through the hierarchy of appeal procedures, ultimately speaking before the Lord Privvy Council in London, resulting in seven stays of execution over the following year.

Based on real events, this is a well put together movie featuring a classic underdog vs. establishment scenario, not just in Stuart, who is regarded as just an ignorant savage by 1959 white Australian society, but also in Carlyle's lawyer who is thwarted at every turn by an archaic legal system and a superior foe, and who is risking his reputation and livelihood in the pursuit of justice. The film makes no final judgement and presents both sides of the case equally leaving the audience to come to their own verdict. The audience will of course take the side of the underdogs, but there is an unnerving dénouement where we catch up with the real Max Stuart who makes a very ambiguous comment on his innocence.

The era is well captured and the acting is solid throughout, though the characters are rather obviously drawn.

Not worth owning but well worth a watch.

As a former resident of Adelaide, I can recall the actual events portrayed in the film (and knew the film's director at university - Adelaide is like that .... a very small place).

It is a restrained and accurate rendition of the sorry episode. Notable in that it captures the atmosphere of the old 'colonial' Adelaide I knew ..... the 'precious' social 'pecking order', smotheringly conservative (repressed?), 'stiff upper lip' ... and the smugness of being the only 'free colony' in Australia (with the imported English social structure this brought with it).

The crafty and cynical state Premier, managing the political fallout, the ambitious newspaper publisher, just starting out on his quest which will lead him eventually to world media 'mega-stardom', who uses the case to build his paper. The honest (and suffering, 'doomed') defence attorney..... and worldly-wise assistant, the innocent(?) accused, the bungling and prejudiced police, the aristocratic crown prosecutor ..... the naive (and sadly too honest) newspaper editor (a survivor of 5 years in the infamous WW2 Changi concentration camp) whose career is ruined when he is 'cut free' by his publisher under the political heat generated by the case and the paper's crusade (initially supported by the publisher who subsequently caves in to the politicians). A great recipe for a political-legal drama.

The tale is well handled by director Lahiff, well paced, understated, cautious ..... but leaving the viewer convinced that 'something stinks in the state of SA'. A lesson on the realities of politics and the exercise of power .....

Well done Craig! Your film deserves more attention than it has received.... (I am waiting its release on DVD so I can add it to my collection, along with the also under-rated and potential 'cult' film, 'Heavens Burning' filmed with Russell Crowe, on the cusp of his meteoric rise to super-stardom.)

Black and White captures the essence of South Australia in the 1960's. Parochial, racially insensitive, a stuffy English "aristocracy" and the overtones of the hidden menace in Adelaide, are all revealed in this movie. It is hard not to watch this film and not feel anger at the injustice of it all. The camera work was great and attention to detail, costumes and cars, was noticeable because it wasn't noticeable. Having a "big name" (Carlyle) to play the lead didn't add anything to the film. It was hard to feel any compassion for the lead character which, given the sacrifices and stress he endured, was disappointing. He felt detached and uninvolved. Outstanding performances by Nagoombujarra, Charles Dance and Colin Friels lifted this film where it might easily have lapsed into caricature and stereotype. The arrival of Rupert Murdoch into the scene was nicely underplayed and added an element of reality. Enjoyable, provocative and a slice of history. Well worth a watch.