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FLYING FOX FENCE RETRIAL ORDERED
Mar 22, 2006
Focus: Civil Rights
Action Request: Read
Location: United States
FLYING FOX FENCE RETRIAL ORDERED

March 17 - A conservationist has won an appeal against a north Queensland fruit farmer who is using electric fencing to protect his lychee crop from flying foxes.

A retrial has been ordered in the Planning and Environment Court.

In September last year, Dr Carol Booth sought an injunction to order fruit farmer Merv Thomas to dismantle electric fencing on his lychee farm at Ingham, north of Townsville.

Dr Booth said up to 50,000 flying foxes had been electrocuted on the property in the past decade.

But the application was dismissed, with Judge Robert Pack ruling the purpose of the fencing was to protect the lychee crop, not to kill the bats.

Dr Booth appealed, and in a unanimous decision today the Court of Appeal judges ruled the defence had not adequately proven that the fence was not intended to kill, injure or harm flying foxes.

A date for the retrial has not been set.

http://www.abc.net.au/news/newsitems/200603/s1594279.htm
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Posted: Mar 22, 2006 9:52am

 
 
 
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