[Tradeban] YOUR ACTION REQUIRED URGENTLY!

[Sabina]

Court says: Export Company Breached Animal Welfare Act

YOUR ACTION REQUIRED URGENTLY!

Today the Perth Magistrates Court found that live export company Emanuel
Exports Pty Ltd, and its two directors, Michael Stanton and Graham Daws
breached the West Australian Animal Welfare Act when it transported  103,222
sheep aboard the MV Al Kuwait from Fremantle to the Middle East in November
2003.On the voyage, over 2.66% of the sheep died of starvation and disease
.The Court agreed that the animals were transported in a manner likely to
cause harm and that Emanuel Exports and its directors had breached the
Animal Welfare Act.

Despite the findings, the Court held that the commonwealth export licensing
regime overrode the West Australian laws and therefore Emanuel Exports and
its directors were not guilty of any crime. This means that the West
Australian Animal Welfare Act does not appear to apply to animals on live
export ships! 

If the commonwealth export licensing regime did not override the West
Australian laws, Emanuel Exports and its directors would definitely have
been guilty of a crime. The company could have been fined up to $250,000 and
the directors could have been imprisoned for up to 5 years.

The result of this decision means that there does not appear to be any laws
governing the welfare of sheep once they reach the ship!

Although the live export company was let off on a legal technicality, the
live export industry is running scared. The live export industry knows it
cannot operate in a lawless regime for much longer because people like YOU
will complain!

In many ways this is a positive outcome (The Court decided the FACTS in
favour of the animals but decided the LAW in favour of the industry). There
is now no question that live animal export is cruel. The only problem is
that the animal welfare laws don't apply.

As a matter of utmost priority we urge you to contact Tony Burke, Federal
Minister for Agriculture, and tell him what you think about a live export
licensing regime that is not governed by any animal welfare laws.

PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600 Tel: (02) 6277 7520
Fax: (02) 6273 4120

Email: Tony.Burke.MP at aph.gov.au 




  

 

 Senior counsel Tony Bannon for Emanuel Exports Pty Ltd admitted at the
trial that this voyage was "routine". 






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