These are the facts, as they were agreed to by the perpetrators. After a long night of drinking, Scott Doody, Timothy Hird, Joshua Spears, Anton Kloeden, and Glen Swain left a casino at 6am in the morning of 25 July 2009. They ranged in age from 18–23. Most of them were drunk, but Kloeden, the driver, was not.
Kloeden, in the words of Chief Justice Martin, then thought it would be fun to ‘take on the challenge of driving along the Todd River bed to the Telegraph Station’. Even more fun, Kloeden then ‘made the offensive and stupid decision to harass the Aboriginal people camped in the riverbed’, nearby Schwarz Crescent causeway. They drove towards a group of at least six campers. The campers fled to trees for safety, except for an elderly Aboriginal person, who was too elderly to respond with adequate speed. Kloeden drove within a metre of him, with the intention of terrifying him by narrowly missing him.
Having driven away Kloeden turned the car back to the camp due to a fenced off exit. Kloeden had not yet had enough fun for the night: he drove over the elderly man’s swag as they passed the camp again. One female camper, who saw the young men coming, threw a small log at their car. Some of the men got out of the car and ‘yelled abuse’ at the Aboriginal campers. The form of this abuse was not recorded.
The night, now morning, was not yet over. Kloeden thought there was more fun to be had, so he drove at another Aboriginal camping group. The three Aboriginal people were sleeping. They were woken up by the car speeding towards them, and fled for their lives. Kloeden parked near the campers, and again ‘words were exchanged’. The sort of words exchanged is not yet on the public record.
After this, the group decided to return to the home of Hird and Swain. Fun was still to be had. Once there, the group picked up more alcohol, Hird’s gun and blank ammunition. They drove along and Hird shot his gun, though at one point it jammed. As they approached Schwarz Crescent causeway, they stopped the car so that Hird could fix his gun. Having fixed it, he shot it again. Justice Martin noted that the car was intentionally stopped so that Hird would be able to ‘scare the Aboriginal occupants’ of the first camp they had terrorised previously.
This goal was achieved. As Swain testified to the police, the campers began running, and obviously ‘feared for their lives’, according to the judge’s rendition of Swain. Hird plainly contributed to this by holding the pistol outside the car in the direction of the camp.
An Aboriginal man, Kwementyaye Ryder, was one of the campers who had been terrorised by Kloeden’s driving in the first instance. He responded this time by throwing a bottle, which hit the side of the car.
Kloeden immediately executed a sudden u-turn. He stopped so close to Ryder that Ryder could grab the bullbar. All four passengers raced out of the car, with Hird the first one out. Without checking the damage to the car, they chased Ryder, who tripped and fell. Confronted with a man ‘lying defenceless and incapable of posing any threat to any of the offenders’, they repeatedly kicked him in the head, and Spears struck his head with a bottle. They told him ‘Don’t fuck with us’.
Swain, who had kicked Ryder in the head twice, noticed he was lying motionless, and that something was plainly wrong. He called out ‘Let’s go’, considering that the most appropriate reaction. They got into the car. Kloeden hadn’t gotten out of the car because he was executing a three-point-turn. Apparently untroubled by what he saw, Kloeden was ‘seen to drive away at a leisurely, normal pace’.