THE descendants of Aboriginal trackers who helped catch notorious Australian outlaw Ned Kelly in 1880 began legal proceedings yesterday to seek payments they say they never received.
A spokesman for Queensland's Attorney General, Mr Matthew, Foley, said a writ was lodged in the Brisbane Supreme Court seeking damages from the state government for not pursuing wages owed to three trackers employed to catch Kelly, who was finally seized by police in the town of Glenrowan, Victoria.
"These trackers from Fraser Island [off the Queensland coast] were used by the Victorian government to track down Ned Kelly in 1880 and were promised £50 each. But the descendants now claim the trackers were never paid, and are suing the Victorian government for non payment and the Queensland government for not pursuing their salaries.
The descendants of two of the trackers, employed by the Queensland Native Mounted Police, want a share of the £8,000 reward paid for the capture of Kelly - plus 116 years' interest. The Fraser Island Aboriginal Land Council has estimated that this could be A$40 million (about £16 million) each.
Bushranger Kelly and his gang, comprising his brother and two accomplices, terrorised banks in the state of New South Wales and Victoria for years before his capture and hanging.
The Queensland government spokesman said yesterday the writ would be examined by the state's legal department and could then go before the courts.
A spokeswoman for Victoria's attorney general, Ms Jan Wade, said a writ seeking damages from the Victorian government was first lodged in late 1994. The government then threw out the claim, saying the trackers' wages had been paid.
"The claimants have now threatened to take legal or even parliamentary action unless the government provides proof of payment," the Victorian spokeswoman said.
Kelly, a folk hero, was captured after a gunfight with police despite wearing home made armour covering his head and torso. Some 60 authors have written plays, books or poems about him and artist Sir Sidney Nolan immortalised him in a famous series of landscapes.