American state of Washington seeks despositions from Tasmanian poppy workers and scientist

Tasmanian genetically-engineered poppies and those that work with them have become drawn into a massive American legal battle. FULL STORY >>

GENETICALLY-engineered poppies grown in Tasmania have become the focus of a massive legal battle waged by the State of Washington in America.

The case comes on the back of a similar battle brought by the State of Oklahoma, which was able to prove pharmaceutical company Johnson & Johnson was responsible for decades of opioid addiction and overdose deaths in the US state.

The company was found liable to the tune of hundreds of millions of dollars.

Now, Washington has alleged several pharmaceutical companies, including Johnson & Johnson and Janssen Pharmaceuticals, created a public nuisance and breached its consumer protection laws by engaging in false and misleading conduct.

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The state alleges the companies downplayed the side effects of opioids produced from genetically-engineered poppies grown in Tasmania.

In his newly-published judgment, following a hearing in December, Associate Justice Stephen Holt has refused a request by Washington, which sought pre-trial depositions from three people working in the Tasmanian poppy industry.

That trio included a scientist employed by Tasmanian Alkaloids, who was thought to have helped develop a mutant high thebaine poppy and other genetically engineered poppies, and two poppy growers employed by the same company.

Associate Justice Holt said last October, he made an order allowing for the three employees to be orally examined in Tasmania.

Poppy processor Tasmanian Alkaloids plant at Westbury

But he said a request for additional information, with depositions to be taken by American attorneys that could be used at any stage of a trial, was beyond what could be requested under Australian evidentiary legislation.

“Discovery type depositions in US proceedings cannot be taken in Australia,” Associate Justice Holt said.

“US-style discovery through depositions taken from witnesses is not a step which is recognised in Australian Courts, nor for example in English Courts. It is far more broad-ranging.”

With a trial expected to commence in May this year, Associate Justice Holt said there was ample time for a new request to be drafted to obtain evidence from Tasmanian witnesses.

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