Adam Kerinaua was always a gutsy footy player—part of a great tradition of Tiwi Aussie Rules players prepared to take on bigger opponents. He played in the forward pocket for the Brisbane Lions in his teens, and ended his playing days for St Marys as full forward. And it’s been that way over the last few months in his opposition to the Mal Brough push for a 99-year lease over the Bathurst Island township of Nguiu.

For the second time Kerinaua has attempted to take out an injunction against the Tiwi Land Council’s attempts to sign off on the deal with Brough. The first time around, a couple of months ago, the Supreme Court action was dropped as—at that stage anyway—there was not an agreement to injunct. Today (Tuesday) it gets more interesting.

After a couple of days hearings last week before Judge Steve Southwood it became clear that the Tiwi Land Council’s notions of how to consult its constituents are curious, to say the least. Affidavits were produced to the effect that some Tiwi signatories to the agreement were forged, and that others were paid $50 to sign off on the deal. A significant number of signatories were not even Traditional Owners.

A long affidavit signed off by Tiwi Land Council CEO John Hicks claimed that consultations were completed, and there was a deal in place ready to be signed. Perhaps too smart by half: without second guessing the good judge, and despite submissions by the Commonwealth Solicitor, Southwood reserved his decision on Friday as to whether to grant the injunction.

The Commonwealth Solicitor had been on the back foot from the beginning. On the first day of the hearings, they gave the plaintiff letters signed off by Brough reinstating Kerinaua and another critic of the lease, Gawain Tipiloura, to membership of the Tiwi Land Council. It was an argument the Commonwealth clearly didn’t need: Kerinaua and Tipiloura had been suspended from the Land Council for disloyalty for speaking out against it. The Commonwealth was also arguing, against the view of their allies in the Tiwi Land Council, there was no agreement in place, and consultations were continuing, so there was no injunction to grant.

Lawyers, you gotta love ‘em!

Justice Southwood is no one’s fool, and has had one of Darwin’s famous long weekends to think about it. Either way, Brough’s vision splendide of a 99 year lease at Nguiu may be away off yet.

Send your tips to boss@crikey.com.au or submit them anonymously here.