Some very bad news. So how serious, really, is the Australian government about this issue? Here we have an Australian federal minister arguing in the federal court that "to enforce Australian law against the Japanese company, would be likely to give rise to an international disagreement with Japan." So we should stick to "diplomatic channels" to protect the whales instead. And hey, guess who was arguing this line? It's Philip Ruddock! <shudder> So much for all the good publicity for the Oz government wanting to protect the whales in the Antartica! Shame! :
News Release
27th May 2005
Judge swayed by diplomatic concerns in HSI Whale Case
A judge of the Federal Court of Australia, Justice James Allsop, today refused permission for Humane Society International (HSI) to proceed in court action against the Japanese company that regularly kills minke whales in the Australian Whale Sanctuary adjacent to Antarctica.
Justice Allsop refused HSI permission to proceed against the Japanese whaling company, Kyodo Senpaku Kaisha Ltd, despite finding the evidence presented by HSI supported the conclusion that the company has contravened Australian law by whaling in the Australian Whale Sanctuary.
Justice Allsop cited concerns raised by Federal Attorney-General Phillip Ruddock, that to enforce Australian law against the Japanese company, would be likely to give rise to an international disagreement with Japan.
"Today's judgement is especially devastating now the Japanese Government has revealed it will allow the company to double the number of minke whales it kills in Antarctica and to start hunting humpback and fin whales. Australians have been in uproar over this and will share HSI's frustration with today's decision. We intend to appeal this decision", said HSI's Director, Michael Kennedy.
In opposing HSI's case, the Government has expressed a preference for dealing with this matter through diplomatic channels and last week Prime Minister John Howard wrote to Prime Minister Junichiro Koizumi asking him to stop the hunt. The Japanese Government appears to be undeterred.
In addition to the Federal Court case, HSI has also recommended the Australian Government commence its own proceedings against the Japanese Government at the International Court of Justice, on the grounds that Japan is abusing the loophole in the international whaling convention for lethal research to get around the ban on commercial whaling. "If HSI is ultimately unable to bring the Japanese whalers to account in the Australian Federal Court, we hope the Australian Government will be prepared to bring them to account in the international courts" said HSI's Wildlife and Habitat Program Manager, Nicola Beynon.
HSI sincerely thanks our barristers, Stephen Gageler SC and Chris McGrath, and our solicitors, the Environmental Defender's Office NSW Ltd, for their generosity in representing us.
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For further information please contact
Humane Society International
[email protected]
PO Box 439
Avalon NSW 2107
Australia
Tel: +61 (02) 9973 1728
Fax: +61 (02) 9973 1729