Supreme Court order granted in WA live export case

Animals Australia Media Release: 27 January 2005

Supreme Court order granted in WA live export case

Director-General found to have case to answer

Leading WA solicitor Martin Bennett, acting for peak animal welfare body Animals Australia, successfully argued today in the Supreme Court of Western Australia for the granting of an order nisi regarding the failure of the WA Government to act on Animals Australia's live animal export complaint.

As a result the Director General of the Department of Local Government and Regional Development, Cheryl Gwilliam, will be ordered to appear before a Full Court of the Supreme Court of Western Australia.

The Order calls on Ms Gwilliam to show cause before the Supreme Court why she should not be compelled to carry out her duty under the Animals Welfare Act 2002 and determine in respect to Animals Australia's live animal export complaint, whether to commence proceedings against appropriate persons for contravention of that Act.

Animals Australia lodged papers in the Supreme Court on Monday 24th October 2004 seeking a writ of mandamus, naming the Director-General of the Department of Local Government and Regional Development, Cheryl Gwilliam, as the respondent.

This unprecedented legal action was taken when the Director-General failed after 7 months to instigate an investigation into Animals Australia's complaint that a live export shipment aboard the livestock vessel MV Al Kuwait in November 2003 breached Section 19 of the Animal Welfare Act.

Section 19 (1) (3) states that it is an offence to "transport an animal in a way that causes or is likely to cause it unnecessary harm". At least 1000 sheep died on the voyage in question. Evidence was also documented by Animals Australia and Compassion in World Farming (UK) investigators in Kuwait City that sheep during this voyage had suffered injuries and ailments as a result of the transportation.

A comprehensive dossier of evidence with supporting expert legal opinions was provided by Animals Australia to the Director-General in June 2004.

"We are very pleased that Animals Australia's complaint is now in the hands of the Supreme Court and that finally we will have the independent body necessary to assess the merits of our complaint", said Glenys Oogjes, Executive Director of Animals Australia.

"All expert legal opinions sought have attested to the solid foundation of evidence on which Animals Australia's complaint is based. It is therefore inconceivable and deeply disturbing that it remains uninvestigated".

"Since this complaint was first lodged with accompanying expert legal opinions supporting its merits, millions of sheep have been allowed to depart from Western Australia on live export vessels potentially in breach of WA laws", concluded Ms Oogjes.