NT Government to review green lawyers’ funding following damning Barossa judgement

Green lawyers could have their six-figure funding cut by the NT Government after a damning Federal Court judgement. What’s at stake.

Eva Lawler and Kate Worden at the swear-in ceremony at Government House, December 2023. Picture: Pema Tamang Pakhrin

The Environmental Defenders Office is in the NT government’s sights after a damning federal court judgement that cleared the way for the Barossa gas project to go ahead.

Chief Minister Eva Lawler said Labor would review the $100,000 annual funding it provided to the EDO.

It follows the decision handed down this month by federal court judge Natalie Charlesworth that excoriated the EDO and expert witness, University of Western Australia academic Dr Mick O’Leary.

She accused Dr O’Leary of coaching Tiwi Islanders “so as to achieve their objective of stopping the pipeline” and raised concerns he and an unnamed lawyer from the EDO also misrepresented information provided by traditional owners.

University of WA professor Dr Mick O'Leary.

Justice Charlesworth said in her judgement that Dr O’Leary had explained to Tiwi Islanders at a workshop that he had helped traditional owners from Arnhem Land stop a Woodside project by identifying a kangaroo dreaming story.

Under cross-examination by Justice Charlesworth, Dr O’Leary said the words he used about the kangaroo dreaming story were untrue.

“He said he now regretted saying the words because they were incorrect,” Justice Charlesworth found.

“That is a startling admission. Not only is it damaging to Dr O’Leary’s credit, it causes me to doubt his understanding of the obligations of an expert to remain impartial.”

CEO-Solicitor of the Environmental Defenders Office David Morris. (AAP Image/Peter Rae)

She said it could only be inferred that Dr O’Leary had made the untrue statement at the beginning of the workshop with the Tiwi Islanders to “coach the attendees … so as to achieve their objective of stopping the pipeline”.

“Dr O’Leary’s admission was freely volunteered, such that he did not lie to the Court,” Justice Charlesworth wrote.

Ms Lawler said there should be a consequence for lying.

“I think yes there does need to be some consequences for anybody who’s lied, particularly around something that’s so important to the Territory economy,” she said.

Federal Court justice Natalie Charlesworth.

“We fund the Environmental Defenders Office and I’ve already spoken to Kate Worden the Environment Minister to say we need to have a look at that contract, we fund them $100,000 a year and I’ve asked Kate to have a look at the contract, the details around that, because we need to work together in partnership with the Environmental Defenders Office.

Environment Minister Kate Worden said the grant funding comes with obligations.

“It is an expectation of this Government that all grant funding is used to support better outcomes for Territorians and for our natural environment, which comes with expectations around ethical conduct.”

Opposition Leader Lia Finocchiaro would scrap funding.

“The Santos judgement makes it clear this is not environmental protection it’s economic vandalism,” she said.

“Unlike Labor we will not fund this conduct.”

In a response to this publication EDO chief executive David Morris made no mention of the federal court’s damning finding.

He said the organisation would be “happy to discuss” its public-interest work but not, apparently, the issues raised by Justice Charlesworth.

The $6bn Barossa project had been delayed since late 2022 while TOs and their environmental advocates used the federal court to delay the project.

A “cultural mapping” exercise conducted by Dr O’Leary on behalf of Tiwi Islanders included references to dreaming stories of the Crocodile Man and the Rainbow Serpent that were used to try to stop Barossa.

The NT News has reached out to Dr O’Leary for comment.