Day 4

The Possums’ Case – Court Diary June 2019

Day 4: Friday June 7, 2019

One week down – two more still to come! The first week ended with a good day for us, including a win along the way.

The morning opened with Ms Skvortsova (for FLbP) running through our case for the Tendency Evidence relating to VicForests’ tendency to conduct operations using “traditional” methods, clearfall and seedtree. VicForests’ objections to the tendency evidence were oulined at some length by Mr Redd. Finally Ms Skvortsova made brief comment in reply, following which Court adjourned for 35 minutes.

On Returning to Court Justice Mortimer gave her ruling on the Tendency evidence. She accepted, in substance, the evidence was relevant in a direct sense and should be admitted. She also found no difficulty at all in terms of general principles of admissability of evidence. She considered the evidence had probitive value and met the required criteria. Finally she rejected VicForests’ objection that the evidence was a waste of the Court’s time. Thus she admitted the evidence in question, which consisted of a number of affidavits filed in March on behalf of FLbP – the 2019 Affidavits.

The afternoon was a short session, ending at 3:30pm. It was occupied with Mr Delany continuing cross-examination of Mr Paul, including some discussion of Greater Glider detections in Castella Quarry coupe, which is not one of the listed coupes but has been brought into the case by VicForests’ inclusion of it in the Judge’s View.

Because of the Judge’s View on Tuesday, the Court will not sit again until Wednesday, 12 June at 10:15am. Cross-examination of Mr Paul will continue and, time permitting, other witness evidence will follow.

The Court is maintaining a dedicated website for the case. Significant 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, so very easy to access.

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.

Photographs in Court are not permitted so here is a sketch of some of the action.
Those who have been in Court will recognise the characters. Thanks, Sarah!

flbp-court-case-2019-day4-sketch
Courtroom sketch by Sarah, Day 4

Previous: Day 3

Next: Day 5

Court Case: Table of Contents

Court Case: Introduction November 2017