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Four Corners -

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Program Transcript

Read the program transcript of Liz Jackson's report about the murder of Kwementyaye Ryder, "A Dog
Act", first broadcast 29 July 2010.

Reporter: Liz Jackson

Date: 19/07/2010

LIZ JACKSON: It happened just after sunrise in Alice Springs on July 25th 2009, almost exactly one
year ago.

A local couple who drove up Anzac Hill saw the events unfold at a distance below them. They had
parked to drink a coffee and watch the sun light up the town, and saw instead an Aboriginal man
being killed by a group of youths travelling in a white twin cab ute.

Deb Clarke saw the victim walking along the road.

DEB CLARKE: I just happened to notice a fellow walking along the road thinking nice time to be out
for a walk, saw a car come up shortly thereafter I guess, went passed not very far passed, did a
big u-ee loud screechy noise, came back aimed for the fellow.

MATT LEMMINS, WITNESS: I saw these guys hop out this, um, four wheel drive twin cab and ah, raced
towards ah, that the sort of a guy walking and ah, then ah, all of a sudden they started to belt
into him and kick and the likes.

DEB CLARKE: I saw a couple of kicks which was when I actually sort of turned to Matt and said I
think this is blowing into something not pleasant, not, not good.

MATT LEMMINS: And ah, then they just drove off.

LIZ JACKSON: They could see no movement from the man who'd been bashed, so they drove down to check
that he was okay. Another car had driven past him, assuming just that he was drunk. The couple
pulled up beside him.

MATT LEMMINS: When we got there we could just see a body laying there with lots of blood and the

DEB CLARKE: Obviously he was, um, in a bad way actually I, I thought immediately he was dead
because I could see that his eyes were glassy and he wasn't breathing. There was a patch of skin
showing here on his mid section, I guess, and I could see that there was no rise and fall and there
was also obviously a wound on his head and, and at, by this stage Matt was already on the phone
calling the police.

(ABC News, Eric Tlozek reporting)

Police closed Schwarz Crescent at 8am this morning after the Aboriginal man's body was found.
They're not commenting on his injuries or how he died.

DETECTIVE SNR SGT LAUREN HILL, ALICE SPRINGS POLICE: It's highly unusual. There's no information as
to the lead up to why this has occurred.

(End of news footage)

LIZ JACKSON: The dead man on the road was Donny Ryder, 33 years old, a trainee park ranger. For
cultural reasons he's now called Kwementyaye Ryder.

The police said nothing about the suspected killers, but the town was soon talking.

GARY WASSERMAN, EDITOR, CENTRALIAN ADVOCATE: To put it in blunt terms, we all felt that they must
have been white, straightaway.

MARGIE LYNCH, MR RYDER'S AUNT: There were um, young men involved. Um, I thought, first I thought
two, but then the number was five and I was just um, struck with disbelief.

LIZ JACKSON: All five were young and local lads who'd grown up in Alice Springs. Glen Swain was one
of them.

(Police interview footage)

POLICE OFFICER: Alright Glen, were you provoked at all to do this attack?

GLEN SWAIN: Not in any way. I've got my own brain, make my own decisions.

(End of footage)

LIZ JACKSON: What are the implications if it's five white guys and the man and the guy who dies is
an Aboriginal man in this town?

GARY WASSERMAN: Huge, huge I mean once, you know, once the arrests were made, um. you got a sense
that Alice Springs spoke about nothing else.

GLEN SWAIN (during police interview): It was such, such a dog act.

LIZ JACKSON: Tonight 'Four Corners' tells the story of the killing of Kwementyaye Ryder.


LIZ JACKSON: It's a long way from Alice Springs to the township of Birriwa, 300 kilometres north
west of Sydney.

Glen Swain's parents moved to this house two years ago, but he stayed back in Alice Springs.

His mother, Heather Swain, is waiting to accept a call from her son, now serving three and half
years in Alice Springs jail for the killing of Kwementyaye Ryder.

His step father was a prison officer at the jail for seven years. His mother still struggles with
what her son has done.

HEATHER SWAIN: Glen is a lovely natured boy. He was always the quiet child, just um entertained
himself and um, respected other people. He was um, caring, very caring, his grandmother, he cared a
lot for his Nan, who's not real well at the moment. And yeah, he was, he was great.

LIZ JACKSON: Had he sorted out what he wanted to do?

HEATHER SWAIN: Took him a while to do that, but then he finally got his um, traineeship in um, in
pest control. Loved it. Went great guns. Did his course in no time, really settled down, he was
going great until that July last year.

LIZ JACKSON: Glen Swain phoned his mother after he'd been arrested.

GLEN SWAIN (during police interview): We were shitting our self when we reckon you guys were going
to catch up with us.

LIZ JACKSON: He tried to break the bad news gently.

HEATHER SWAIN: Don't stress, mum. Exactly this, don't stress mum, but I've been charged with
murder. Imagine my reaction. Yeah, pretty hard. Was pretty hard.

LIZ JACKSON: Did he go onto tell you about what the circumstances were?

HEATHER SWAIN: He said don't worry about it, don't believe everything you heard. I hadn't heard
anything. I didn't know what to think. I didn't, I thought my Glen wouldn't go and murder someone.
Him, they might punch around with their mates, but he'd never cause an injury to anyone.

He wasn't that type of person and we always taught him that if someone was down, you don't kick
them while they're down. You at least give them the chance to stand up and have a go back.

LIZ JACKSON: Kwementyaye Ryder's mother lives here in Alice Springs. He was the fifth of her nine

Therese Ryder is a highly regarded watercolour landscape artist. She's what art dealers describe as

She was painting when the police came to tell her that her son's body had been found. The officer
who came was a friend.

THERESE RYDER: I just, I started singing out, I started screaming. I said no, no it's not true. It
has to be someone else. Said it's not true. Started crying (pause) and he comforted me.

MARGIE LYNCH, MR RYDER'S AUNT: Just cut through us, it was um, very powerful in itself, the way,
um, we got the news.

JADE KEIL, PARTNER: He'd just started a new job as a ranger out in his grandfather's country. And
he would have been really happy out there. We were just ready to settle down. I've travelled around
a lot and done a lot of things in my life and he was my man and we were just ready to settle down.
We'd just got our own place and moved in and were going to settle down last year, start a family
and that, but that never happened.

LIZ JACKSON: This is what happened instead. It was a Friday night and five friends went out on the
town. Glen Swain, Anton Kloeden, Tim Hird, Scott Doody and Josh Spears were all up for a big night.
They went out to Lasseter's Casino to party and didn't leave 'till 6am.

All except Anton Kloeden, the designated driver, agreed they'd consumed a large amount of alcohol.

Glen Swain drank a full bottle of rum, and topped it up with beer.

(Police video footage)

POLICE OFFICER: Did anyone, um, were you forced to become intoxicated that night?


POLICE OFFICER: Okay, so whose choice was it to drink?

GLEN SWAIN: It was mine.

(End of footage)

LIZ JACKSON: Talk to me about the drinking in Alice.

HEATHER SWAIN: Plenty, plenty, plenty! That's all people do. There's nothing else to do. Well there
is other things to do, there's adventure and, but people choose to drink. It's a very drinking

LIZ JACKSON: Kwementyaye Ryder had also been drinking that night and also at Lassester's Casino.

When he made his way back, drunk to his girlfriend's house in the early hours of the morning, they
had an argument and he left for a smoke down the Todd River bed.

LIZ JACKSON: Do you blame yourself?


LIZ JACKSON: Are you worried that the family blames you?

JADE KEIL: That's the aboriginal way you know. I understand why they blame me.

LIZ JACKSON: The young men were not yet ready to go home. They wanted more fun. Anton Kloeden was

Sometime before 7am he turned the Toyota HiLux into the dry Todd River bed, heading for the Alice
Springs Telegraph station.

Everyone in Alice knows that Aboriginal people sleep and camp in the river bed. It's been like this
for years.

SUPERINTENDANT LANCE GODWIN: Some because there's no housing available in Alice Springs obviously,
so there's a housing shortfall, some just choose to live that way. That's how they like to live.
They like to live outdoors and they like to camp in the river.

LIZ JACKSON: Matt Day often walks his dog early in the morning along by the river bed.

On that morning in July he saw the Toyota speeding towards a group of Aboriginal campers. He would
become an important witness.

MATT DAY: It just astounded me that this car really did seem to be aiming at them, it wasn't by
accident that they were, they were moving in that direction, they could've gone around the people
there was plenty of space. They were aiming at them and they it was like they were making them
scatter like a a bunch of birds you know, um, like a a flock of galahs on the on the on the road as
you drive through them.

These people had to get up and move quickly and there was an old fellow there who had to get up and
I don't think he would've wanted to get up too quickly, he was, you know, an old bloke.

TONY COTCHELLI: I listened to the motor coming up from that way...

LIZ JACKSON: Tony Cotchelli, the old bloke, would later give evidence that the Toyota had just
narrowly missed hitting him.

TONY COTCHELLI: ...and turned around down there.

LIZ JACKSON: It had then turned around and on return drove right over his swag, and through the
group again. A group that included Kwementyaye Ryder.

MATT DAY: When I got over there I realised that I knew a guy over there and it was Kwementyaye
Ryder, and he was, um, really angry that the, the car had had been travelling up and down the river
terrorising people and he explained that it had, you know, aimed it at a couple of old blokes that
were further down the down the river.

And um, you know I actually asked him if he had seen who was driving, if they'd seen a number
plate, and no one had seen, seen a num-number plate, but um, he described the, the driver as a
white racist bastard and then he, he was very angry. And then he apologised straightaway to me and
said oh sorry, sorry you know and I said no, no you know and I think he was apologising because
he'd just you know ah, described this guy by the colour of his skin and that I wear the same colour

MAUREEN WALKER: They nearly run over us with the white ute, twin cab white ute. (Drawing a picture
on the ground) I can show you the story, you, you know, it's the river side of there you know,
there's the riverside there. And there's the bridges, and my camp's right there.

LIZ JACKSON: Maureen Walker gave evidence as well.

MAUREEN WALKER: The car came towards my camp and you know what they told me? You smell like this
Todd River.

Do you believe me or what?

LIZ JACKSON: Did you hear that in court?

HEATHER SWAIN: Yes, I did hear that but it's both ways, it's not just you white so and so, it's not
just you black so and so, it's both ways.

(Police video of Glen Swain, Constable Kingston and another police officer about to get into a
police vehicle)

UNIDENTIFIED MAN (talking to Glen Swain): Do you have any questions for us before we begin?


UNIDENTIFIED OFFICER (talking to Constable Kingston): Constable Kingston, do you have any questions
before we begin?

GLEN SWAIN: No, no questions.

UNIDENTIFIED OFFICER: Alright. (To Glen) Jump in the front seat. (Getting into vehicle) Ah this is
good. Locked us in.

LIZ JACKSON: Glen Swain would later re-enact his account of what happened that morning. It's two
days after Swain's arrest, so he's in cuffs. He was the only one of the five men to assist the

GLEN SWAIN (in front seat of police vehicle): This appears to be the tracks that we took from what
I recall, um the camp was just there where that little fire thing is. It was probably not to about
here that we veered off a little bit and there we saw the um, few occupants of the camp get up and
run away because they obviously feared for what could happen. Anton was driving so...

(End of footage)

HEATHER SWAIN: I thought there was a law to say they weren't allowed to camp in the riverbed after
6pm. How come nothing's ever said about that?

LIZ JACKSON: At around ten past seven the youths dropped back to the house that Glen Swain shared
with Tim Hird.

(Police footage)

GLEN SWAIN (in front seat of police vehicle): Just up where that big gum tree is on its own. Then
myself and Tim Hird got out.

LIZ JACKSON: They collected more alcohol, and Hird picked up a replica gun, a magnum. As they drove
towards the river bed, he fired it.

GLEN SWAIN (in front seat of police vehicle): Somewhere on this stretch of road that um, Tim had
let off one of the fire, one of the um, or a rounder from the replica magnum, um, making a sound
that does like ah, I mean you know like a normal gun would make.

HEATHER SWAIN: That shocked me. Yeah. I suppose, yeah, what, why, why did they go back in to get
that? I asked that question, but, I mean I suppose I'd have to ask Timmy that.

LIZ JACKSON: The sound of a gunshot made Jared Ewin look out his window. He lives just near the
river bed and saw the white ute.

JARED EWIN: As I got there they drove off and turned left, as they went down through the causeway
they pointed something out the window which looked a bit like a gun to me. Um, they were yelling
something at a group of Aboriginals in the , in the river at the same time and the ute just kept
driving off up around the other side.

LIZ JACKSON: What did you think they were up to?

JARED EWIN: Ah, I thought they were just drunk driving around after a party or something like that.

LIZ JACKSON: Another shot went off near the Aboriginal camp.

GLEN SWAIN (in front seat of police vehicle): Once that round had went off we could still see the
camp over there, the they all jumped up and started running, obviously heard the, the shot and
freaked out as you would, um, so then we proceeded had to go through the causeway.

At this point, we'd seen someone standing in just over the centre white line there up a bit

LIZ JACKSON: That someone was Kwementyaye Ryder, walking to his uncle's place. As the Toyota passed
him ,who knows if he recognised the ute from earlier in the river bed, but he threw a bottle which
smashed on the side of the car. Swain thought it was a rock.

GLEN SWAIN (in front seat of police vehicle): We heard it hit the car, um, but we were still in
motion at that point.

Um, come just over this rise, um that's when Anton was on the brakes probably round, here somewhere
around here.


GLEN SWAIN: Yeah braked and turned it done the U, U bolt.

LIZ JACKSON: Anton Kloeden drove up so close to Ryder, that Ryder reached out and held the bull

GLEN SWAIN: Ah, at that point yeah Tim opened his door and um, the fellow who threw the rock um,
proceeded to start running.

(Glen now out of vehicle on the side of the road) I jumped out um, the, that fellow ran past. Tim
was following him. I was probably about a metre or two behind Tim. Um, sort of, do you want me to
run? Yeah, just sort of a light jog.

LIZ JACKSON: The police put a mannequin's torso on the side of the road to represent Mr Ryder.

GLEN SWAIN: It was somewhere around here that um, the person that threw the rock was sort of
stumbling um, fell over. I was right behind Tim. Um, by the time I had approached I saw Tim had
made contact with one, one foot um, I then, yeah, got as close as what Tim was to the fellow that
was on the ground.

At that point he was, hands over his face. I was probably about here. I then laid two boots in,
(inaudible) shuffled around, sort of looked up and saw there was a car just coming this way.

THERESE RYDER: They chased my son down as if he was an animal.

(Unamed officer holding down the mannequin): You might want to hold the back of the head a bit.

LIZ JACKSON: Glen Swain went on to show police the force he had used when he kicked Ryder twice in
the head. Tim Hird kicked Ryder once, and Joshua Spears struck him over the back of his head with a
cider stubby bottle. Scott Doody was beside them but struck no blows, and Anton Kloeden was moving
the car.

One of the offenders was heard to say 'Don't f**k with us'. These may well have been the last words
that Mr Ryder heard.

GLEN SWAIN: At that point I saw that he was a, he wasn't moving too good um, as I stated in my, um,
statement that yeah, he was a, like a sort of a rag doll type of affect with no sort of muscle
controlling however, he was so he appeared to be um, unconscious and that's where like I said I
looked up and said let's go, let's go, let's go and like I said at that point Anton was pretty
well, the car right here, yep.

LIZ JACKSON: According to Glen Swain they drove off quickly, heading first to Josh Spears mother's
place as they were out of alcohol.

Josh Spears stayed there and the other four headed back to the house that was shared by Glen Swain
and Tim Hird. They continued drinking.

GLEN SWAIN (being driven again in the front seat of the car): I sent a message to a few of my mates
saying come down for a drink cause they weren't there the night before and we continued drinking
there until about lunch time I think it was and um yeah, I went to (inaudible) bottlo after we left
home. Ah, got my half carton and then went to Jason over the north side.

LIZ JACKSON: At midday the police made it public that a body had been found. At the Ryder family's
request, it was five days before they released his name.

MATT DAY: I didn't find out until I saw the picture in the paper on the Friday when they had the
wanted picture, and then they had a picture of, of Kwementyaye and I broke down into tears, I
couldn't believe it because I'd spent that whole week and I'd actually, I'd said to the police you
need to find Kwementyaye because he saw the, the driver.

He, he saw the, the, the vehicle, you know you need to speak to that guy and if I see him around
town, I'll, I'll get him to come and talk to you, not knowing that he was, he was gone already. He
was already dead.

LIZ JACKSON: Another of the witnesses was not that surprised.

JARED EWIN: Ah, not much because if you live here, you know you read about Aboriginals you know,
being found dead at least once a month, whether it be through, you know they fall out the back of a
ute, um, they have a fight in one of their communities, something like that.

Um, but the five white local guys and you know, it's normally not white locals fighting with them
that does it, so I was a bit surprised then I suppose, yeah.

LIZ JACKSON: Did you know any of the boys involved?

JAREN EWIN: Um, I knew one of them, yep, by name, um, the others I'd heard of 'em.

LIZ JACKSON: And do you understand, can you give us any understanding about what might have
motivated them?

JAREN EWIN: Honestly I, I think what would've motivated them would've been you know if they were
drunk, the alcohol, um, and maybe you know, something had happened earlier they were angry from

Um, and just basically the way you get treated by Aboriginals in town, you know. They supposedly,
that guy threw a bottle at the ute, I, I honestly think if I was the one they're throwing a bottle
at the ute, they'd got out and done the same to me, um, but you know the five white young guys just
sick of taking crap from Aboriginals.

DEB CLARKE, WITNEES: They were just out for sort of, you know, some nasty fun from what I can see,
but I don't know if it was a racial intended thing from, I don't, I would like to believe not, but
certainly the, the town has a lot of problems in that regard.

MARGIE LYNCH: The hardest thing is, um, knowing that this could happen in this town, in this
community. Um, not only that but they, um, to find out that they were local young men was very,
very distressing.

LIZ JACKSON: Alice Springs has a population of around 27,000. It's small enough for most folk to
know and be friends with some of the six families involved, black and white.

Around 20 per cent of the people who live in Alice are Aboriginal and the interface between the
white and black is a significant source of the wealth and charm of the town, the tourism, the art
and the service hub industries.

But it's also a source of racial tension that locals are often reluctant to discuss and confront.
The Ryder case forced these issues uncomfortably into the open.

MARGIE LYNCH: I started to think, um, what have we become, you know. What's the community come to?

HEATHER SWAIN: It's a place that you can only feel for yourself. Everyone has their own opinion on
things, and yeah, it's just the, the way that they just hang round the town and just make it so, oh
what is it? What's the word for it?

Just just not comfortable, because they're there all the time. You walk past them, you don't know
how, what, how they're gonna react. Most of the time they're good. But you just don't know. If that
person had been drinking twenty-four seven, how they're gonna react. Are they gonna get stuck into
you? Or, you are scared.

LIZ JACKSON: As soon as it was public the offenders were white, the Alice Springs police issued a
media statement saying 'it is inappropriate to speculate on the motive'.

But Acting police Commander Kym Davies would later do precisely that, saying racism was not a

COMMANDER KYM DAVIES (on ABC Radio, Alice Springs): It just so happened that Mr Ryder was an
Aboriginal person and the people driving the vehicle were white people. We see a lot of violent
incidents in Alice Springs and we would not, we would be at pains to suggest that they are not
racially motivated.

GARY WASSERMAN: One of the reasons they would've been at pains to, to you know, distance themselves
from the racial aspect, would've been to keep things calm.

LIZ JACKSON: Gary Wasserman is editor of the local paper.

(To Gary Wasserman): Did most people in the town see it as a racist attack?

GARY WASSERMAN: I would imagine that, um, yes I would imagine that, um, anybody who didn't see it
that way would've been, ah, you know, would've been for reasons best known to themselves, would've
been denying it to themselves.

LIZ JACKSON: What do you think about that?

THERESE RYDER: I knew straight out they'd done it because he was an Aboriginal. They wouldn't have
done, done that if they seen a white fella walking down the road, they wouldn't have done it.
Because he was an Aboriginal man walking down the road on his own with no one else around, that's
when they did a u-eey, came back and got stuck into him.

LIZ JACKSON: Within a week of the death the five young men were arrested. They were all charged
with murder and recklessly endangering the lives of campers in the river bed.

Glen Swain along with Anton Kloeden initially told police they were out of town that night. CCTV
footage proved they were lying.

GLEN SWAIN (in the police interview room): We read what had happened to him, freaking out about it.
That's when we came up with something.

LIZ JACKSON: Do you ever talk to Glen about why he initially gave a false account to the police?

HEATHER SWAIN: Scared. He was scared

LIZ JACKSON: Selwyn Kloeden is Anton Kloeden's father. His son drove the white ute.

He and his wife, Ruth, have been living at the remote community of Hermannsberg 125 kilometres out
of Alice Springs for the past eight years. He runs the store and she's been teaching at remote
community schools. He sees nothing extraordinary about the events last July.

LIZ JACKSON: What did you think when you saw specifically what happened that night?

SELWYN KLODEN: Ah, I guess about a few young fellas going for a drive down the river, I thought
well, you know, that's quite a, a um, a regular occurrence for young people in, in this vicinity.
Um, saw nothing extraordinary about that at all. And just five fellas going for a drive up the
drive up the river

LIZ JACKSON: Somebody was assaulted and somebody did die.

SELWYN KLODEN: Yeah, but that wasn't eh, the intent of it of anything there.

LIZ JACKSON: As the court case started there was extra police security just in case tension
erupted. It remained quiet. Early on the Ryder family made a public appeal for calm.

(To Therese Rhder): The family wrote a statement?


LIZ JACKSON: And called for calm?


LIZ JACKSON: Tell me why.

THERESE RYDER: Because my family is a quiet family. We're a Catholic family. We're not violent
family compared to the other Aboriginal families in other communities around Alice Springs.

MARGIE LYNCH: There's you know, black again white, white against black, and um, I don't think we
needed that. We needed to get to the truth of what happened and to allow this process with the
courts to go through first to find the answers. And that's why we called for calm.

GARY WASSERMAN: It can sound a little bit, ah, lightweight an appeal for calm, but it's huge, it's
huge and I think it was very necessary and I think it was significant and I think it made a
difference in terms of um, calm prevailing at the end.

LIZ JACKSON: Over the months that followed none of the five young men, all held in custody, applied
for bail. Some of their parents were worried about payback from the Ryder family.

HEATHER SWAIN: I was glad that he was locked away. It sounds horrible, but I knew he'd be safe,
safer there. But yeah, Amanda was, I didn't want her to go out clubbing or anything like that
because I didn't know if the family would do payback, as they do. Um but...

LIZ JACKSON: But were there any threats?


MARGIE LYNCH: There was no reason for fear. I mean, that's their opinions but for us, um, we didn't
have any ideas for payback or didn't even ask for it. It didn't even cross our mind.

LIZ JACKSON: Dr Terence Sinton conducted the autopsy on Mr Ryder's body. He told the committal
hearing that the cause of death was haemorrhaging as a result of 'blunt head trauma'.

This could have been from the kicks, the blow from the bottle or even the fall to the ground, he
couldn't say. But he did say it was 'highly likely' that Mr Ryder had a pre-existing aneurism, a
balloon like swelling of a blood vessel at the base of his brain making him more vulnerable to a
lethal assault.

JADE KEIL, MR RYDER'S PARNTER: But even with an aneurysm you can live 'til you're 90 years old and
who knows how long the assault would have gone on if he hadn't have stopped moving. If he had have
kept moving how long they would have kept kicking him for, 'till one of them realised that
something was wrong.

LIZ JACKSON: But was there an intention to kill?

POLICE OFFICER (in police video): Glen, did you, um, what, did you intend to kill Donny Ryder?

GLEN SWAIN (crying): No way. I'd never do that, intentionally do that, to anyone.

JADE KEIL: They're not remorseful for what's happened. They're sorry for themselves. Their mothers
are sorry that their sons are locked up.

LIZ JACKSON: At the end of the day all five men were committed to stand trial for murder and
reckless endangerment of life, but this would change. By the time of the Supreme Court hearing in
April this year the murder charges were dropped.

The prosecutor did not assert that any of the five men had an intention to kill. They all pleaded
guilty to the lesser charge of manslaughter. The families came to hear how long they would spend in

Over the past 10 months Therese Ryder had sat outside the court. For the first time she went

THERESE RYDER: The side door opened and two policemen walked in and after them were these five
fellas walked into the courtroom and ah, they was all dressed up, neatly dressed with ties, jackets
and I felt hatred inside me. And I felt no good. I burst out crying and I said, I said to Dave and
Susan I can't bear this, I want to go outside. When I got up I said out, I screamed out loud, I
said to them 'you all look good on the outside but inside there's racism straight out' and I walked

CHIEF JUSTICE (in courtroom): The circumstances have justifiably given rise to a suspicion that the
killing was racially motivated.

LIZ JACKSON: Back inside, the Chief Justice of the Northern Territory, cautiously approached the
question of racism, starting with Anton Kloeden driving at the campers.

CHIEF JUSTICE: I am satisfied that there were racial elements in the earlier events and that a tone
and atmosphere was set of antagonism toward and harassment of Aboriginal persons and is likely to
have influenced the later conduct of all offenders.

LIZ JACKSON: The later conduct being the killing.

CHIEF JUSTICE: And the actions of some offenders in kicking and striking the deceased while he was
on the ground were influenced, at least to some degree, by the fact that the deceased was an
Aboriginal person. Each of you is convicted of the crime of manslaughter.

LIZ JACKSON: And then the sentences.

CHIEF JUSTICE: Scott Doody, who didn't strike a blow and didn't drive the car, four years but all
bar 12 months suspended, he will out next month.

Anton Kloeden, Timothy Hird and Joshua Spears, six years with a non parole period of four.

Glen Swain, five years and six months, with a non parole period of three and a half.

Six months less because he co-operated with the police.

HEATHER SWAIN: I was quite relieved. I thought he'd get a lot longer. I mean yes, he did do the
wrong thing, he should get time. That sounds nasty of a mother, but he did do the wrong thing. He
should serve time.

THERESE RYDER: I wanted those boys to be in prison for life or maybe twenty, thirty years in prison
for what they did. They cut short my son's life and they're still around today and where's my son?

LIZ JACKSON: Selwyn Kloeden and his wife, Ruth, are on their way to visit their son in the Alice
Springs jail. They feel his sentence, a minimum of four years is excessive and Anton Kloeden is
appealing it.

Kloeden's behaviour was judged to have encouraged the assault and he was also guilty of endangering
the life of a camper. His father rejects the judge's finding that there was racial element to his
son's crimes.

SELWYN KLOEDEN: I just thought well it's a, a comment made by someone who doesn't know him.

LIZ JACKSON: It was made as a result of his actions.

SELWYN KLOEDEN: Um. It was perceived that it was a racial action by uh, certain people. But I don't
believe Anton had any racial issues in regard to that.

JADE KEIL: He was the one driving the car. He was the one that pointed the car in the direction
that it went. He was the one that entered the riverbed. He was the one that that drove at the
campers. He he was the one that stopped and did a u-turn when he saw my man. The others wouldn't
have been able to kick or punch him either if if he wasn't the one driving the car.

LIZ JACKSON: The Kloeden's are also angry about the conditions in the jail. All five convicted of
the Ryder killing are held here on protection in high security. Corrective Services says they're
locked in their cells for around 18 hours a day.

Selwyn Kloeden says it's for longer than that.

SELWYN KLOEDEN: To be locked in a room about half the size of this room for 22 hours a day and to
be like that for the last ten months is just, just extraordinary that that happens.

HEATHER SWAIN: In case there is a payback from the indigenous, um yeah. I, I expect that's the only
reason. They just wait till everything calms down a bit. Till it blows over.

SELWYN KLOEDEN: When they're taunted by things like we're effing going to kill your sister, we know
where your mother lives and we're going to effing get her as well, that would have to be taken some
sort of a threat I would I would assume, yeah.

LIZ JACKSON: And it's best that they're in protection?

THERESE RYDER: Yep. Cause my family would never do that. We are an Aboriginal family. We got our
culture but we wouldn't be the ones, you know, where we would be shoved aside from all the other
members of the family from other communities that carry on this culture.

LIZ JACKSON: And they might harm them?


LIZ JACKSON: The realisation of the enormity of the harm he has done is clear as Glen Swain
struggles to cope with what he will live with for the rest of his life.

(Police officer to Glen Swain in police interview): Did you intend to cause harm to Donny Ryder?

GLEN SWAIN: I didn't even want to see him the way I did see him, unconscious. From what I saw like
he was unconscious, I didn't (crying). I just picture it every single day.

LIZ JACKSON: But he is still alive, his victim is dead. Kwementyaye Ryder's family have only
memories of the man they have lost.

THERESE RYDER: Where's my son? My son had a future and he didn't get the chance to have that

MARGIE LYNCH: He was the one who made you laugh.

JADE KEIL: Yeah he'd always dance and sing to the same country songs, sing them over and over.

(Video footage of Mr Kwementyaye Ryder dancing)

[End of transcript]