Animal activists Chris Delforce and Siena Callander front court over alleged Anakie burglary
A pair of animal activists charged over an alleged farm burglary have been released on bail by a Geelong court after police conceded they didn’t pose an unacceptable risk to the community.
A pair of animal activists have been released on bail after police conceded they didn’t pose an unacceptable risk to the community, a court has heard.
Southbank’s Christopher Delforce, 34, and Siena Callander 31, of St Kilda, appeared in the dock at Geelong Magistrates Court on Thursday for an after-hours bail application before magistrate Gerard Byrant.
The pair were arrested by officers from the Geelong Divisional Response Unit on Thursday morning following an alleged farm burglary in Anakie earlier this month.
Both were charged with burglary, theft, contravention of a prescribed biosecurity measure and publishing material about the commission of a relevant offence.
Both are activists with the Farm Transparency Project, Mr Delforce as director and founder and Ms Callander as a “senior investigator” for the organisation.
It’s alleged the duo were among a group who gained entry to the property on Carrs Rd and stole a number of baby chicks at about 11pm on November 8.
At Thursday’s hearing Ms Callandar was represented by Alex Loftgood, while Maya George acted for Mr Delforce.
While a “lengthy” police summary had been compiled and was tendered to the court, it was not read into the record.
The court heard police opposed bail on the basis the accused posed a risk to the safety and welfare of the community.
The case’s informant, Senior Constable Phoebe Merritt, told the court this concern largely stemmed from “biosecurity contraventions”, as well the risk of further offending.
“They’ve both made it clear... that they’ll continue to trespass and continue the same offending,” Sen-Constable Merritt said.
The court heard an expert from Agriculture Victoria had been consulted about the potential biosecurity risks of the alleged offending and possibility of “pathogens” being carried outside the farm.
Sen-Constable Merritt told the court that other co-accused were set to be arrested in relation to the incident.
During cross-examination, it was noted by both defence lawyers that the accused were “wearing PPE” during the alleged incident on the farm.
Mr Loftgood put to Sen-Constable Merritt that the maximum penalty for the specific offence of breaching the biosecurity act she was charged with was 120 penality units, and it was “not punishable by imprisonment”.
Ms Merritt accepted that was the case.
“But it’s your evidence the applicant should be kept in custody, pending that (biosecurity) risk?” Mr Loftgood said.
Ms George highlighted the lack of any allegations of “property damage or violence” and asked Sen-Constable Merritt about the timeline of an “unrelated investigation” regarding animal cruelty.
Following cross-examination, but before the defence lawyers could make their submissions, police prosecutor Kerrie-Ann Moroney remarked: “I think we could all agree that there are certainly some bail conditions that could mitigate the risk”.
“I will take that as a concession,” Mr Bryant said, as discussions then turned to bail conditions.
Ultimately, the pair were bailed with just one specific condition - not to attend the Carrs Rd farm.
Sen-Constable Moroney suggested a bail condition involving social media, but after being pressed on whether the prosecution could prove a “causal link” between social media posts and public safety, she conceded she was not in a position to argue any.
Similarly, another proposed bail condition regarding a “non-association clause” between the co-accused was put forward but withdrawn by the prosecution.
Harley McDonald-Eckersall, FTP’s strategy and campaigns director, said the organisation “investigated and exposed some of the worst cruelty to animals ever imagined”.
“Because of the tireless work of civilian investigators, abhorrent acts have been brought to light,” Ms McDonald-Eckersall said.
“Yet, the animal slaughter industry and Victoria police continue to use their resources to persecute peaceful activists.”
Ms McDonald-Eckersall criticized the decision to deny the pair police bail.
Police have the ability to bail an accused to a future court date or deny bail, after which the accused must be brought before a magistrate.
“For the police to deny bail for peaceful animal rescuers while they regularly allow those charged with the worst violence imaginable to walk through is inexcusable,” she said.
The pair will face court again on January 8.
Originally published as Animal activists Chris Delforce and Siena Callander front court over alleged Anakie burglary
