HSI sues Japanese Whaling Company for Contempt of Court. Hearing in the Federal Court tomorrow
Humane Society International’s (HSI) legal proceedings against Japanese whaling company Kyodo Senpaku Kaisha (Kyodo) will commence tomorrow, Wednesday the 18th of November, in the Federal Court in Sydney. HSI has brought these legal proceedings after successfully being granted an injunction by the Federal Court on appeal in 2008 which required Kyodo to cease whaling in the Australian Whale Sanctuary. The Federal Court found in 2008 that Kyodo had killed whales in the Australian Whale Sanctuary and that these activities were in breach of Australia’s chief environmental protection legislation, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
On evidence that will be presented at court, HSI will argue that Kyodo disregarded this injunction and continued to kill minke whales in the Australian Whale Sanctuary. The evidence that will be presented supports HSI’s claim that the number of whales taken by Kyodo since the injunction is at least in the tens, if not the hundreds, over four separate annual whaling campaigns.
HSI Director Michael Kennedy said, “With Japan looking like it will return to whaling in the Southern Oceans, we need to use all legal means possible to ensure this does not happen. Under Australian law, whales in the Australian Whale Sanctuary which lies in Australian Antarctic waters are fully protected. By killing whales in the Australian Whale Sanctuary, Kyodo has continued to breach the terms of the 2008 injunction granted to prevent them whaling in Australian Antarctic waters in breach of the EPBC Act.”
“We encourage the Australian Government to redouble its diplomatic efforts with the Japanese Government to ensure Japan knows the international community condemns any resumption of whaling in the Southern Oceans. If whaling in Antarctic waters does resume this year, as we fear it will, and Kyodo continues to ignore the 2008 injunction, we ask that the Australian Government raises this with the Japanese Government urging that Australian laws for the protection of whales are observed. We would also expect the Australian Government to assess what further legal options are open to it.”
HSI is extremely grateful for the expert legal advice provided by EDO NSW (Environmental Defenders Office) and legal counsel, Jeremy Kirk SC and James Hutton.
Details of the Court Case
Location: Federal Court of Australia, 184 Phillip St, Sydney*
*Court room information will be available on Court Lists on the day.