Victorian abattoir loses bid to stop video publishing, wins damages

A Victorian abattoir has lost its legal bid to stop the publishing of a 14-minute video of its facility practices, but has won a six-figure sum in damages.

A Victorian abattoir has lost its federal court plea to stop illegally-obtained footage from being republished, but has been granted a six-figure sum in damages.

Farm Transparency International will need to pay $130,000 in damages to the Eurobin-based abattoir Game Meats Company of Australia, in a judgement handed down at the Federal Court of Australia on Thursday.

GMC originally sought a permanent injunction against the activist group to prevent it from publishing a 14-minute compilation video allegedly showing goat stunning and slaughter at their facility. They also sought financial compensation for damages.

Justice John Snaden rejected the injunction, but said GMC was entitled to relief considering FTI’s trespasses, as an order for damages.

He ruled $30,000 for general damages, and exemplary damages of $100,000, with parties to confer on the orders appropriate to interest and costs within 28 days.

Justice Snaden said as “most people eat meat” it had developed significant commercial meat-processing industries in Australia.

“The end products of those undertakings are retail offerings that bear no visual resemblance to the luckless beasts from which they are harvested,” he said.

“By its nature, commercial meat processing is a gruesome business, no matter how ethically or humanely it is performed.”

Chris Delforce, Farm Transparency Project director. Aaron Francis/The Australian

Farm Transparency Project director Chris Delforce said they aimed to publish the footage as soon as possible, and hoped GMC respected the injunction refusal.

“This is a historic win for animals, and for the public’s right to know what happens to them behind the closed doors of farms and slaughterhouses,” he said.

Mr Delforce said FTI’s tactics were a “last resort”.

At a five-day hearing in August, the court heard Mr Delforce, and FTI strategy and campaigns director Harley McDonald-Eckersall entered the abattoir property overnight seven separate times between January and April.

Witnesses included the GMC director and general manager, on-plant veterinarians, GMC employees and a sales and production manager.

The judgement noted neither activist took precautions with sterilising footwear or potential disease spread prevention.

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

FTI sent a formal complaint with footage to the Department of Agriculture, Fisheries and Forestry and then-Agriculture Minister Murray Watt in early May. FTI later sent the footage to Channel 7 and a story aired on May 17 without the footage, before FTI published the 14-minute compilation online.

DAFF contacted the abattoir on May 5 with its concerns. Justice Snaden said it was apparent several changes were made to the abattoir’s workings following the DAFF complaint.

“It is difficult to say much with any clarity of what has transpired at the abattoir following the DAFF complaint,” Justice Snaden’s judgement stated.

“I consider it clear enough from the evidence that GMC cannot credibly be said to condone or be indifferent toward animal suffering.”

The Weekly Times has asked GMC’s legal counsel for comment.