The appeal from Kojonup’s Steve Marsh, organic farmer has been filed against a finding by Supreme Court which is in favor of GM cropping neighbor. This will be hinged on if the appeal judges are confined that a greater duty by the neighbor to protect Mr. Steve Marsh’s certification for organic farming.
The past WA governor McCusker also appeared along with Mr. Marsh and his wife Susan and have asserted on Monday, for the opening day of this appeal that their neighbor Michael Baxter has breached his duty towards reasonable care while he harvested a genetically modified crop called Roundup Ready Canola by swathing without any consideration for the risk of swathes blowing over the fence.
According to the former government, Baxter had a duty to make sure that this genetically modified canola did not enter in the neighbor’s property. And that it was Baxter’s duty to take care to avoid farming practices and genetically modified product which did not negatively influence his neighbor’s organic certification.
Justice Kenneth after high profile 11 days case heard the February previous year, has found that there existed no common law negligence or a breach of reasonable duty of care which was by Baxter in growing lawful genetically modified crop and has decided to cut it and process it recover the seed.
The Steve Marsh farm, has separated from its larger Baxter farm by a road reserve and was certified in the year 2004 by NASAA (National Association of Sustainable Agriculture Australia) and its subsidiary NCO (NASAA Certified Organic). A certification and contract with the association NASAAA has allowed Mr. Marsh to label their cereal crops along with lamb meat as organic.