No injunction against slaughter video would ‘invite anarchy’

A Victorian abattoir is seeking a permanent injunction and a potential six-figure sum for damages against an animal activist group. See the details.

The Game Meats Company processing plant, Eurobin.

A federal court justice is deliberating whether to grant a Victorian abattoir an injunction and potentially a six-figure sum for damages following the submission of closing arguments this week.

The Game Meats Company of Australia has taken Farm Transparency International to court as it attempts to permanently block the animal activist group from publishing a 14-minute compilation which allegedly shows the stunning and slaughter of goats in their facility and alleged animal cruelty.

Last month a five-day trial proceeded in the Victorian Federal Court of Australia, with both parties addressing Justice John Snaden with their closing submissions on September 4.

Addressing Justice Snaden for more than two and a half hours, The Game Meats Company of Australia’s counsel Paul Hayes KC said refusing a permanent injunction “would invite anarchy”.

“This is an important case to make sure things don’t get out of hand,” he said.

“It is hard to see how society could function, a western democratic society, when people can take law into their own hands and break into someone’s private property.

“There is no industrial process known to man that doesn’t have flaws.

“In the time in question 53,000 goats were processed with the mishaps accounting for 0.12 per cent of animals processed.

One of the Game Meat Company’s directors Eugene Tomasoni was cross-examined during the trial. Picture: Fiona Myers

“To then allege my client is a rogue trader, a rogue operator with a callous indifference to animal welfare is completely wrong.”

Mr Hayes also argued that alongside the permanent injunction, The Game Meats Company of Australia was entitled to general damages worth $125,000-$150,000 and special damages ranging from $200,000 –$300,000.

The court also heard from Farm Transparency International’s counsel, barrister Angel Aleksov, who said the contents of the 14-minute video were integral to public debate.

Mr Aleksov also told the court the acts recorded in the footage was “far from an aberration” and instead there was an “ingrained culture based around ‘If we pass the external audit, then everything is OK’.”

Farm Transparency International executive director Chris Delforce. Picture: Aaron Francis/The Australian

Mr Aleksov said Justice Snaden should use criminal financial penalties under the summary offences act as a yardstick for any finding of damages, while also arguing damages are adequate remedy to Farm Transparency International’s trespass, with a permanent injunction extending beyond the scope of the law.

During the trial the court also heard from Dr Karl Texler, an on-plant veterinarian with the Australian Government Department of Agriculture and Water Resources, who was cross-examined.

“It (the acts in the video) does not show necessarily compliance with the company approved arrangement. However it does not substantially demonstrate animal cruelty either,” Dr Texler said on the stand.

Justice Snaden is considering his judgement, to be delivered at a yet to be determined date.