‘World’s first’ farmer trial over GM crop
contamination begins in Australia
Published time: February 10, 2014
17:19
A landmark legal battle between two farmers
over alleged GM contamination has started in the Western Australian Supreme
Court. The case is expected to determine GM farmers’ liability if their crops
affect neighboring territories.
The globally monitored legal battle involves
local farmer Steve Marsh who sued his neighbor Michael Baxter for negligence
over the alleged contamination of the land that Marsh used for growing organic
oat and wheat crops at Kojonup, 250 km south-east of Perth, Western Australia.
Lawyers say it is the world’s first trial over
GM contamination and will set a precedent for future cases.
“As far as we know, this is the first court
case of its type anywhere in the world,” said Marsh’s representative Mark
Walter, a lawyer at Slater and Gordon's Commercial and Project Litigation. The
case could have an impact on the conventional farming industry and consumers,
he said, as cited by the WAtoday news website.
It will test the legal rights of farmers to
choose how and what they farm on their land, Walter pointed out.
“It is important that farmers retain their
rights to farm GM-free food as this in turn will protect consumers' ability to
purchase GM-free food,” he said.
The trial is expected to last for three weeks
and is likely to lead to regulations outlining boundaries between GM and
organic farms, potentially reducing the land available for cultivation, experts
said. It could also change Australia’s zero tolerance policy for contamination
of organic crops.
#IamSteveMarsh
supporters outside the Supreme Court in Perth ahead of landmark trial starting
tomorrow #PerthNews
Organic farmers fear this could lead to a
lose-lose situation for them. If the zero tolerance policy remains in place,
they risk being stripped of their organic certification because of
contamination as GM crops production increases. If the policy is eased,
Australia would lose its position as a strict organic producer amid the growing
popularity of GMO-free food across the globe.
For the season 2013, West Australia’s growers
bought a record 416 tonnes of Roundup Ready canola seed, which is 38 percent
more than the previous year.
‘Reckless’ farming blamed for
contagion
Marsh, 49, claims that back in 2010, Baxter’s
Roundup Ready canola seed and swathes were blown by the wind onto his farm,
causing him to lose organic certification on 70 percent of his land. This cost
him an estimated $ 85,000 (about US $76,000) in financial losses.
At the time of the alleged canola drift,
Marsh's farm was certified organic by the National Association for Sustainable
Agriculture Australia (NASAA), which has a zero tolerance for GM material.
Richard Niall, a barrister for Marsh, told the
court on Monday that the situation had had a devastating effect on his client’s
livelihood and that it was Baxter’s fault.
Marsh’s neighbor “was completely indifferent
and reckless by planting genetically modified canola in adjoining paddocks,”
Niall said, as quoted by the Australian Associated Press (AAP). The famer
failed to contain the GM seeds, and “thousands of them” escaped in the
wind onto Marsh’s property, he said. The lawyer claimed that at the time Baxter
planted the canola he knew the seeds would escape since that was “plainly
foreseeable.”
Baxter, 48, maintains that he observed all the
requirements regarding the buffer zone and informing neighbors when planting
the GM canola – shortly after the Western Australian government allowed its
commercial cultivation in 2010.
The farmer bought the seeds from biotech giant,
Monsanto. Marsh’s supporters also allege that the American corporation is
providing financial aid to Baxter in the legal action – something the company
declined to comment on, saying only that it was not a party to the case, Reuters
reported.
The organic farmer dropped his plans to sue the
US firm because of non-liability contracts it signs with all farmers who buy
its seeds, said Scott Kinnear, director of the Safe Food Foundation, an organic
farming advocacy group which is collecting donations to help fund Marsh's suit.
‘Grow a heart, Monsanto!’
An emotional debate around growing GM crops has
been going on in West Australia ever since the first such commercially grown
crop was allowed about four years ago.
The legal battle between the two farmers has
added fuel to the fire, with Marsh’s supporters rallying on Monday outside the
court. A bunch of protesters carried placards that read ‘No to GMO,’ ‘We want
100 percent organic food,’ and ‘Grow a heart, Monsanto!’
Supporters of GM farming, such as the Western
Australian Pastoralists and Graziers Association, say that Baxter did nothing
wrong. Just as opponent groups backing Marsh, they are also collecting
donations to cover the GM farmer’s legal costs.
John Snook, Chair of PGA's western growers,
said he was frustrated by the lack of public support for choice in agriculture
and the advantages of new technologies, reported Radio Australia.
“When you push the alarmism aside, the case
is very clear that Steve Marsh is trying to impose unnecessary conditions on
his neighbor and trying to stop him growing GM canola,” he was quoted as
saying. “So we feel we are on very principled and solid ground. A legal
precedent will be set.”
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