The Sydney Morning Herald logo
Advertisement

Farmers face off in court over GM crop

Bianca Hall
Bianca Hall

It's being billed as a David v Goliath struggle between a lone organic farmer and the growing global influence of genetically modified foods.

On Monday, almost four years after West Australian organic farmer Steve Marsh says his neighbour's GM crop infected his organic farm, he will have his day in court, with the West Australian Supreme Court set to host the world's first court case on GM foods.

Mr Marsh, whose supporters have raised $750,000 to cover his legal costs, is suing his neighbour for negligence, alleging seeds from his crop of genetically modified canola contaminated Mr Marsh's organic property near Kojonup, south-east of Perth, in 2010.

Mr Marsh alleges he lost 70 per cent of his organic certification after the canola propagated on his property.

Advertisement

In a statement issued by his lawyers, Mr Marsh said he was seeking damages and a permanent injunction to protect his farm from future contamination.

''We have invested a lot of work, time and money over the past decade to become organically certified and help develop our markets,'' he said.

''As a result of this GM canola contamination of our land, and all the ramifications of that, we have now suffered great financial hardship and an uncertain future.''

In June, the WA Supreme Court ruled that the planting of GM canola by Mr Marsh's neighbour, Michael Baxter, was lawful and legitimate, and it rejected an injunction seeking to prevent him from planting the GM crop.

Mr Marsh sought the injunction to prevent Mr Baxter from planting GM canola this season within 400 metres of the organic farmer's property. Slater and Gordon is running Mr Marsh's trial as a public-interest case, and it has attracted worldwide interest.

Advertisement

The Safe Food Foundation, a non-government organisation backing Mr Marsh's case, has called for donations to fund his legal costs.

It has so far raised about $750,000, with more to go.

Scott Kinnear, the foundation's founder and director, said the majority of the money had come from ''mum and dad'' donors concerned about food security, although the foundation had been surprised by larger donations, including $200,000 from an anonymous donor.

Mr Kinnear said the cause had struck a chord with people concerned about the future of Australian farming.

''Once you release these organisms into living systems, they can be extremely hard to control,'' he said.

Advertisement

''It's been extraordinary; we have had thousands of donations from all across the country and the world. It shows the commitment of people to keeping GM out of our food chain.''

The Pastoralists and Graziers Association of Western Australia is speaking publicly on behalf of Mr Baxter in the litigation.

Fairfax Media was unable to contact a spokesman on Saturday, but John Snooke told the ABC last week that Mr Baxter was not liable for any losses suffered by Mr Marsh.

''Michael Baxter grew a legal crop, he complied with all the rules and regulations. The state government has approved GM canola in broadacre farming. It has been a great success and Michael Baxter is really not liable for anything because he's done nothing wrong.''

Restaurant reviews, news and the hottest openings served to your inbox.

Sign up
Bianca HallBianca Hall is The Age's environment and climate reporter, and has worked in a range of roles including as a senior writer, city editor, and in the federal politics bureau in Canberra.

From our partners

Advertisement
Advertisement