Goolengook

Just after Bob Brown was elected a Senator in 1996, I walked out of court at lunchtime. I was in Hobart, prosecuting orange roughy fishermen for fraudulently understating their catch.

I turned on my mobile and it rang. It was Margaret Blakers, Bob Brown’s personal assistant. She told me Bob had just been charged with obstructing lawful forest operations at Goolengook forest in East Gippsland.

As it happened, I already knew that, because his photo was all over the front page of the papers that morning.

Now it was for me to act for him.

The first concern was the prospect that if he was convicted of any serious offence, he might be disqualified from taking his seat in the senate. When I later met with Bob and his advisers, there was discussion about how the court case could be used to highlight the plight of the forests, but I had a different perspective: the way to get good publicity was to win the case, and I thought we could.

I had a good team, with fellow barristers Klaus Mueller and Brad Baker, and some diligent instructing solicitors, including Bill Coady and Bill Lambros.

Goolengook was spectacular forest, and had been the site of a long running logging blockade.

The charge was obstructing lawful forest operations. In fact, there was no logging occurring at the time, and nothing to obstruct. But more importantly, the prosecution would have to prove that the logging was lawful, and I was not sure that it was: the logging on which the police relied was carried out next to the Goolengook River - listed as a heritage river under the Heritage Rivers Act.

The Heritage Rivers Act recognised the Goolengook River as having the best continuum of rainforest in Victoria, and made logging unlawful in the area it had protected. That area was defined by reference to a map. We had to go to the Surveyor-General's office to obtain a copy of the map which was referred to in the Act.

Looking at the map, and looking at the logging coupe plans, one thing leapt out at me: the Act required that there be 200 metre buffer zone either side of the river, but the coupe plan purported to allow logging to within 100 metres of the river.

The logging was in breach of the Heritage Rivers Act, and Parliament had set out in the Heritage Rivers Act (s 15 of the Act at that time) that the Act was to prevail over other Acts, and any instrument (ie document) authorising a contravention of the Heritage Rivers Act was "void".

In due course we travelled to Moe Court to defend Bob Brown and two others who had been charged with him. The fate of several hundred other protesters - who had also been charged - would depend on this case.

The police witnesses gave their evidence. They included the foresters who had drawn up the coupe plans and authorised the logging. None of them had considered the Heritage Rivers Act, and none of them had looked at the map which Parliament had said should prevail over any other logging rules.

It was clear that the prosecution could not prove that the logging was lawful, and after three days of hearing (extending into early 1998) the case was thrown out.

The Kennett government was embarrassed by the outcome. It dropped the charges against all those who were charged, and suspended logging in East Gippsland for the remainder of the summer - the court ruling meant that the East Gippsland Forest Management Plan was "void" in its entirety, and they had to start again.

The government introduced legislation to retrospectively validate the logging plans, and to amend the strong protection in the Heritage Rivers Act. It reduced the buffer zone from 200 metres to 100 metres. The government also introduced legislation making it an offence to enter a "forest operation zone" - large areas where logging might or might not occur.

They also appealed to the Supreme Court against the dismissal of the charge against Bob Brown.

The Supreme Court hearing came on late in 1998. I was opposed by Susan Crennan QC, now a High Court Justice. Justice Kellam reserved his decision, and we came back on 23rd October (which happened to be my wife Sally's birthday) to hear the result.

Justice Kellam found that the prosecution argument faced "insuperable obstacles" and threw out the appeal. He confirmed that the charge against Bob Brown remained dismissed, and ordered costs against the prosecution.

It took many more years to save Goolengook, but that night, at least, we all went out to a restaurant in Southbank and celebrated!

External Links

• DPP v Brown (Supreme Court)
• Heritage Rivers Act 1992 (as now amended)
• Save Goolengook
• Goolengook - TWS

Visiting Licola

Adrian Whitehead after being bashed by a logger wielding an axe handle

In the foothills of the alps nestles the small settlement of Licola. Occasional vehicles rumble across the timber bridge that spans the Macalister River, and the only shop is a general store.

I have been visiting this store for over 30 years, generally going to and from bushwalking trips. A few years ago - before flood and fire made big changes to Licola - my family stopped there to buy soft drinks. There were a few hats and souvenirs for sale, and items for campers and travelers. But also on prominent display, evidently for sale, were a number of stickers: “Don’t bugger the bush – bugger a greenie instead” read one. Another proclaimed “The only wilderness is the space between a greenie’s ears.” Another read “Fertilize the bush – doze in a greenie.”

In life, it's good to try and laugh off these jokes. This time, I couldn't.

Imagine, for a moment, replacing the word “greenie” in each of these stickers with “black”, or “gay”, and you will have some idea how offensive I found them. This kind of attack is very ugly - and it is not confined to words.

On 20^th February 2000, some 40 to 50 loggers - some with their children - converged from Orbost and Bombala on a conservationists’ camp in the forest of East Gippsland. They trashed the camp and beat up a Canadian tourist who was there. A carload of conservationists drove up. The conservationists were violently attacked and the car reduced to a wreck. The loggers threatened to rape those present and caused severe injuries to two persons.

Much of this was recorded on audio, and it makes chilling listening. The out of control ranting of the loggers, the smashing of iron bars against machinery and people – and the futile attempts of the conservationists to calm the loggers down.

Some of the loggers were identified and later convicted.

This is no isolated incident. There have now been several violent attacks by loggers against environmentalists, some of which have resulted in convictions.

In December 1998 Adrian Whitehead (above) was assaulted with an axe handle by a logger. He had been conducting a botanical survey at the time. Despite having an independent witness, the police refused to lay charges.

After midnight on 3^rd December 1998 a group of loggers smashed up a campsite of conservationists in the Otways, yelled threats, and drove a vehicle into a tent occupied by two female conservationists who feared for their lives. One logger was subsequently charged and convicted in relation to this incident.

In December 1998 Peter Stienke (“Fisherman Pete”) was by himself minding a conservationists’ camp at Goolengook over Christmas. His car was found at the camp with the door open and food and drinks on the passenger seat. Despite a search by police, Fisherman Pete was never found and is missing, presumed dead. He left a 14 year old son

There is nothing funny about the obscene stickers in the General Store in Licola. Exhortations to violence – whether against greenies, blacks, women, Jews, gays, or any other group in society – are shameful.

External links

• Forest violence filmed - The Mercury
• Violence in the forest - Tasmanian Times
• Adrian Whitehead bashed by logger