Adani applies to raid activist’s home
Indian mining giant Adani twice sought a court’s permission to raid the family home of an environmental activist.
Indian mining giant Adani twice sought a court’s permission to raid the family home of an environmental activist campaigning to stop the Carmichael mine.
The company has hired private investigators and launched legal action against Galilee Blockade leader and former Greens Brisbane mayoral candidate Ben Pennings, who has led a crusade against contractors and suppliers to the mine and called on followers to leak confidential financial documents relating to the project.
Lodged in the Queensland Supreme Court this week, the court action aiming to curb the activism comes after a week of protests at the mine site in the Galilee Basin in central Queensland. Construction on the project has ramped up in recent months and digging of the open cut pit has begun ahead of the anticipated exporting of coal next year.
Before the litigation began, Adani applied in secret to the Supreme Court for permission to search Mr Pennings’ home for confidential documents allegedly in his possession that were being used to inform the targeted campaign against its suppliers.
Mr Pennings only became aware of the secret application on Thursday morning when told by a family member.
Among the Galilee Blockade’s tactics to halt construction on the mine is to publicly name and shame companies associated with it, and to protest outside the businesses. The group encourages supporters to “infiltrate” businesses seeking work with Adani and to leak confidential information. Engineering company AECOM and bus company Greyhound both pulled out after sustained pressure from activists.
Adani intended to seize any documents that it might be able to use in the court action announced this week in a bid to prevent any material from being destroyed before disclosure. Judge Jean Dalton refused the request. Adani appealed the decision but it was again denied by the Court of Appeal. Judge Walter Sofronoff said similar search requests were usually confined to business premises. “Surely, to permit a search of a defendant’s house, with the humiliation and family distress which that might involve, lies at the outer boundary of the discretion,” Justice Sofronoff said.
In a statement, Mr Pennings, who lives with his wife and three school-aged children, said he would fight the Adani court case against him.
“Adani’s ‘attack dog’ legal strategy is well known,” he said. “They want to silence dissent about their destructive thermal coal project that a majority of Australians oppose.”
In a statement, Adani said the case had been launched to protect its rights. “The civil legal action seeks to limit the campaign of alleged harassment and intimidation orchestrated by Mr Pennings against our business that aims to prevent us from legally and legitimately pursuing our commercial interests,” the statement said.
“This action has not been taken lightly, but is needed to ensure our business can continue to deliver jobs and opportunities to regional Queensland communities at a time when they were needed most. Adani is claiming that Mr Pennings has orchestrated a sustained campaign of harassment and intimidation against Adani’s business, employees, contractors and potential business partners spanning almost a decade.”