Case closed for consideration - a time to say thank you
The Sylvia Creek court case came to a close on February 21, 2012 after a two week hearing in the Supreme Court of Victoria and five months of intense preparation. Big bunches of flowers were handed to the legal team in court to say 'thank you' - maybe a precedent for them? It certainly was for us.
A large collective of people and groups have been behind this challenge. This was a massive case to run on every front. Personally, our family were incredibly tolerant - a huge thanks to my father who was instrumental in keeping us fed and the dog with food in her bowl.
Our community is blessed with people who put themselves second to what needs to be done for the environment. Locals like; Steve M, Liz and Bernie, Tab, Sera, Don B, Trent, Vik and tiny Jarrah. Jill and David, Lorraine, Ray and Marion, Mal and Evonne, Chris and Mark, Toby and Deanne, Gav, Luke, Poppy, Zoe, Rosie and Ben, Sarah C, Andy, Simone, Cathy, John F, Luke, Lynne, Karen, Mary and the Earthsong Brothers and Sisters, Karena, Pam, Emma, Tony, Rupert and Jules, Good Will Wine, The Zoo Crew, Deano and Buckleys, Cathy and the crew at Mud Glass Metal for the donations that will feature in an exhibition. Samantha Dunn (and family) for their tireless support always. Thank you Tim. Thank you to the Warburton community - Christian, Maya, Karina, Simon, Kirsty, Keith, Melissa, Peter, Rosie, Ben A and many more.
Thank you to Megan in the office for handling the swell in donations - an impressive effort given the task is usually a lot less daunting.
Thank you to the countless members of the local community who helped when they could and in many important ways, whether with food or money or a letter in the local.
Thank you to Karena Goldfinch and Brent Lukey for their photography of Sylvia Creek and its defenders.
Thank you to the myriad of supporters from Melbourne - The Melbourne New Folk mob, Luke Chamberlain, Warwick, Pia, Geraldine, Trier, Scotty, Richard and the larger WAG contingent. John P, Lauren and the Friends of the Earth crew, Nicola, Ula and the Last Stand crew.
Big thanks to Jacques Cop, his wife and girls and his team for the many, many hours of time you gave to this case. Thank you to Lawyers for Forests Glen and co. Thanks to AFCA and the Vic Forest Alliance and for the use of everyones lists to raise the capital thus far for this case.
Thank you to financial investors like my friend John, Coalition of the Willing to Save Wildlife, Live and Learn, Friends of Leadbeaters, Healesville Environment Watch Inc., Mt Evelyn Environment Protection and Progress Association, Markets for Change,The Wilderness Society, Richard, Chris and some wonderful anonymous donors.
Thank you to everyone who faced arrests so that we could finish the surveys (16 of you at last count), suffering bitterly cold conditions and police dogs. Thank you to the many who forfeited paid work to give their time to this case. Thank you to those who gave of their pension, gave of their salary, gave of their pocket money. Thank you to the incredible local and city court supporters, some travelling 4 hours a day to sit in. Thank you to Search and Rescue who showed respect to the protestors but we have to say that the use of dogs on innocent people was a bad idea. (This matter is now being investigated officially).
Thank you to Environment East Gippsland for having the courage to go first and for sending out our appeal. Jill Redwood and her team are fearless leaders.
It has been an honor to work with the legal team. Our Senior Counsel Kristen Walker, a brilliant and highly skilled barrister, was described by a member as "an extraordinarily intelligent woman with a forensic mind..it doesn't get more dangerous". Thank you to our Junior Counsel Emrys Nevkapil for providing exceptional insight, strategy and being the only bloke on the legal team, well, that speaks for itself. Thank you to Ms Vanessa Bleyer, the woman that has legally challenged the destruction of Australia's forests across the borders. Bleyer Lawyers are a slick, all female unit of conservation lawyers that are authentically charitable and truly understand the problems facing the planet. Every capital city needs one.
Thank you to Professor David Lindenmayer for his advice and expert testimony on the Leadbeater's Possum. His work has carved the cradle needed to save this little marsupial, the forest in which it inhabits and the water that flows from it. Professor Lindenmayer is a wonder of the science world. Even VicForests' Michael Ryan described him as an 'extremely prolific writer'. Lindenmayer is a profoundly gifted scientist whose dedication to Australia's landscapes and wildlife have earned him global respect. It's been an honor.
The ANU research team; David Blair and Lachie McBurnie - more common in our forests than Leadbeater's and actually capable of leaping Corea in a single bound. Their knowledge of the foests was an important resource for the Legal Counsel. Thank you.
The costs of this case was, and continues to be, challenging. As we were nearing the court commencement date we saw the costs double when VicForests introduced the economic argument into the mix. This required new experts like forest economics expert Dr Judith Ajani. Ajani's discerning defense virtually rendered VicForests' counsel mute and was a day in court I will never forget.
VicForests' team also requested luxuries like electronic transcripts and we had airfares for more specialists as they attempted to unpick our case. During the trial many people invested, some have even invested several times over. In total, $117,000 has been contributed and we still have another $123,000 outstanding in bills and invoices for legal and expert advisors.
The good news is that change is underfoot in how the government are handling the threat of logging on wildlife. There appear to be new priorities for the agencies running the forests and you have yourselves to to thank for this. Win or lose, we have already changed the priority of government for the Leadbeater's Possum.
During the trial, the first ever scientifically studied colony of Leadbeater's Possum on Lake Mountain went extinct. In a desperate race against time Zoo's Vic have taken the last three possums and are keeping them close whilst they figure out what to do. This was a dramatic moment in the case and has driven home how quickly large colonies can collapse. This colony was genetically distinct from other populations.
To see the results of your investment, have a look at some of the exhibits and transcripts. The maps that will ultimately tell the story will be uploaded over the next day or so - feedback on the best way to present them online is most welcome (they are large PDFs) sarah@myenvironment.org.au.
Be as proud to be part of this case as we are, Australia is one of the few countries that people can give a voice to the voiceless. Inspite of the politics, Australia is a very special place.
The Transcripts are available.
The Defendant's exhibits from the case are available.
The Plaintiff's exhibits from the case are available .
Thank you,
Sarah Rees and the Team.
Important news:
At the end of this month, VicForests are facing criminal proceedings, brought by the DSE, in the Orbost Magistrates court for the alleged logging of rainforest in East Gippsland.
In Early April, VicForests will again face the Supreme Court, brought by Environment East Gippsland, for the alleged unlawful logging of rainforests on the edge of the Errinundra National Park.
Today Australia has announced the creation of the world's largest marine reserve network ever created. We will place around 2.3 million square kilometres of Australia's oceans into some form of reserve, which will stop the most damaging types of fishing such as bottom trawling -the clearfelling of the sea.
