[Tradeban] FW: live export verdict- cruelty proven, but acquitted on a technicality

[Sabina]

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From: Glenys Oogjes [mailto:googjes at animalsaustralia.org] 
Sent: Friday, 8 February 2008 6:50 PM
To: googjes at animalsaustralia.org
Subject: live export verdict- cruelty proven, but acquitted on a
technicality

 

Dear all - well, as you can see we have had a mixed day.

 

We now for the first time can say that a magistrate has determined that live
export is cruel and breaches the WA Animal Welfare Act.   However  (and the
magistrate also said 'however') she was forced to acquit the exporters based
on inconsistency between Federal and State law - i.e. that despite finding
beyond reasonable doubt that the exporters had transported animals in a
manner likely to cause them unnecessary harm - the Commonwealth had granted
an export permit for them to do so.

 

There are various legal views emerging as to whether she ruled correctly on
this point of law.  It has been a hectic day, so we are still to read the
Magistrates full written judgment.   

 

This finding by the Magistrate presents a further strong foundation to
publicly and politically call for an end to live export.    We now have a
strong argument to mount to the Rudd government, backed by this magistrates
finding that they should not be granting permits on the basis of a legal
finding of animal cruelty and due to the undermining of state animal welfare
laws.

 

See below - this is a short, interim notice we have just put on our website.


 

Magistrate Rules that Live Export is Cruel

8 February 2008

In a landmark animal cruelty trial, a Perth magistrate has today ruled that
Australia's live export industry is cruel.

Evidence gathered by Animals Australia in 2003 was presented during the
8-day long trial in which cruelty charges were laid against Emanuel Exports
Pty Ltd (the largest live sheep export company in WA) and its two Directors
in relation to a routine shipment from Fremantle, WA.

Magistrate Catherine Crawford found the charge of transporting animals in a
manner likely to cause them unnecessary harm proven beyond reasonable doubt.
Yet despite this breach the of the WA Animal Welfare Act being proven, the
magistrate was forced to acquit the defendants on a 'technicality' due to
the fact that they had been issued an export permit under Commonwealth
legislation.

Magistrate Crawford's finding in effect means that each time the
Commonwealth grants a live export permit allowing shipments of live sheep to
leave WA, they are permitting cruelty to animals, and live exporters to
breach the WA Animal Welfare Act.

Further details to come...

 

 

Glenys Oogjes

Executive Director

Animals Australia

37 O'Connell Street

North Melbourne  3051

+61 (0) 3 9329 6333

041 431 2552 

www.AnimalsAustralia.org
www.SaveBabe.com <http://www.savebabe.com/> 
www.LiveExport-Indefensible.com <http://www.liveexport-indefensible.com/> 

 

 

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