Day 3

The Possums’ Case – Court Diary June 2019

Day 3: Wednesday June 5, 2019

Today (Wednesday) was an interesting day. It began, as expected, with Mr Waller continuing his opening statement, outlining the contents of the several affidavits of Mr Paul, filed on behalf of VicForests, the latest of which is dated 3 June and was only discovered yesterday! Before finishing Mr Waller made the somewhat surprising suggestion to add a further coupe in Castella to the Judge’s View, which will take place next week. The proposed coupe is not involved in the present case but VicForests would like Her Honour to see it as an exemplar of their proposed new “adaptive silviculture” methods. It will mean an early start as the short June days mean that the tour will need to commence in Toolangi close to Sunrise!

Having used all his time Mr Waller was pushed by Her Honour to spend 10 minutes addressing the defendant’s case as will be presented through its expert witnesses. Brief highlights were then given of the evidence of Mr Davey, whose conclusions were described as “far more optimistic” than those of the applicant’s experts, and Prof. Baker.

Witness avidence then commenced. The applicant’s first witness Mr Mueck was called for cross-examination by Ms Howe (for VicForests). This was very brief and focussed primarily on the gaps between retained vegetation created by logging.

The rest of the day was then occupied with cross examination by Mr Delany of Mr Paul, who has had primary responsibility for preparing VicForests’ responses in this case, occupying about 50% of his time. Cross examination of Mr Paul is expected to be completed on Friday, after submissions are heard on “Tendency” evidence. “What is that?” you may be asking. Come to Court on Friday at 10:15am to find out.

We ended the day with an informal get together over a drink at The Met at which Brendan Sydes from EJA explained the case and its broader significance and answered questions. Thanks, Brendan!

REMEMBER – The Court is not sitting in our case tomorrow, Thursday.

The Court has a dedicated website for the case. Documents will be added as the case proceeds.
Court documents: https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/friends-of-leadbeaters-possum-v-vicforests

You are welcome to join us in Court and we will be glad to see you – Level 8 Court B. Proceedings begin daily at 10:15am; allow time to get through security. The court building is next to Flagstaff Station.

Our final fundraiser is under way, to meet the expenses of presenting our powerful expert evidence and to cover Court and legal costs. Thanks to all those who have already helped us to get this far – we couldn’t have done it without you! Give generously here: https://chuffed.org/project/possums-case

Thanks again for your interest and the many messages of support.

Thanks to Karena for today’s pic!


Brendan Sydes, Environmental Justice Australia, Day 3 debrief

Previous: Day 2

Next: Day 4

Court Case: Table of Contents

Court Case: Introduction November 2017