Don Dunstan - Max Stuart Trial

Max Stuart Trial

In December 1958, an event that initially had nothing to do with Playford, occurred, and eventually intensified into a debacle that was regarded as a turning point in his premiership and marked the end of his rule. Dunstan was prominent in pressuring Playford during this time.

A young girl was found raped and murdered, and Max Stuart, an Aborigine was convicted and sentenced to be executed. Stuart's lawyer claimed that the confession was forced, and appeals to the Supreme and High Courts were dismissed. Objections against the fairness of the trial among an increasing amount of legal academics and judges, and The News brought much attention to Stuart's plight with an aggressive, tabloid-style campaign.

When Playford and the Executive Council decided not to reprieve Stuart, an appeal to the Privy Council was made to stall the execution. Spearheaded by Dunstan, Labor then tried to introduce legislation to stall the hanging. Amid loud outcry, Playford started a Royal Commission to review the case. However, two of the commissioners had already been involved in the trial and one of the appeals. This provoked worldwide controversy with claims of bias from Dunstan and Labor, who also attacked Playford for what they regarded as a too-restrictive scope of inquiry.

The Royal Commission began its work and the proceedings were followed closely and eagerly debated by the public. As Playford did not commute Stuart's sentence, Dunstan introduced a bill to abolish capital punishment. The vote was split along party lines and was thus defeated, but Dunstan used the opportunity to attack the Playmander with much effect in the media, portraying the failed legislation as an unjust triumph of a malapportioned minority who had a vengeance mentality over an electorally repressed majority who wanted a humane outcome.

Amid the continuing uproar, Playford decided to grant clemency. The Royal Commission concluded that the guilty verdict was sound. Although a majority of those who spoke out against the handling of the matter—including Dunstan—thought that Stuart was probably guilty, the events provoked heated and bitter debate in South Australian society and destabilised Playford's administration, and had brought much publicity for Dunstan.

From 1959 onwards, the LCL government clung to power with the support of two independents, as Labor gained momentum. Always at the forefront, Dunstan lambasted the government for perceived underspending on social welfare, education, health and the arts. Dunstan heavily promoted himself as a reformer.

In 1960, Dunstan became president of the State Labor Party. The year also saw the death of Opposition Leader Mick O'Halloran and his replacement by Frank Walsh. Dunstan attempted to win both the position of Opposition Leader and, failing that, Deputy Leader. However, the Labor caucus was sceptical of his age and inexperience, and he failed to gain either position, albeit narrowly.