PM - Gunns to continue legal battle

MARK COLVIN: The bruising legal fight over Tasmania's forest is not over despite a court decision that went against the timber company Gunns today. The court struck out an attempt by Gunns to sue 20 environmentalists.

It was Gunn's third attempt at legal action against the group.

But as environmentalists prepared to celebrate this afternoon, Gunns Limited announced it would continue its legal battle. This time, individuals rather than the so-called "Gunns 20" are likely to be in the company's sights.

Tim Jeanes reports.

TIM JEANES: If the protesters known as the "Gunns 20" think today's decision marks the end of their battle, it appears that they're wrong. On one hand it has been a win with a Supreme Court Judge in Melbourne today throwing out Gunns' statement of claim.

Among the company's claims were allegations the activists had sabotaged machinery, wrecked property, trespassed and blocked access to land at various Tasmanian logging sites and mills.

Today Justice Bernard Bongiorno struck out the claim, saying it sought too much against too many people. But he has left the door open for future action, saying Gunns can choose to pursue individuals on specific matters.

And that's just what Gunns Chairman John Gay has this afternoon indicated his company will do.

JOHN GAY: We will take individual action where there is a case of commercial damage to the company. We will never take anyone to court that is purely a pure demonstrator or has a different view of the company. That is their privilege.

But when there has been commercial damage done to Gunns contractors, Gunns workers and to Gunns that we will do that because it's outside the law and we will definitely want the law to deal with it.

TIM JEANES: Greens leader Bob Brown, himself a defendant in the case, says he's not daunted by this new prospect of legal action, effectively saying 'bring it on'.

BOB BROWN: The process which is wrong at the outset is the destruction of these ancient forests. And when people protest about that and it damages Gunns business it's because they're drawing attention, people are drawing attention to what Gunns is doing to the heritage of all people who on earth do dwell.

And John Gay may not like that, but he's in a business which is every bit as odious as whaling and which is going to increasingly keep Gunns under a black mark as far as the public is concerned.

TIM JEANES: So you as an individual are prepared to… you're happy to fight this, for want of a better term?

BOB BROWN: Absolutely.

I mean the court case is just a distraction. We are fighting the destruction by Gunns of part of the absolute beauty of this planet. It's not daunting at all that Gunns seeks legal avenues, but it is encouraging the Supreme Court of Victoria has thrown out, has walloped Gunns by throwing out its third writ. If Gunns wants to come back for more that's up to them.

John Gay having been knocked out of the ring twice wants to go back into it, that's up to him. We'll keep fighting for the forests.

TIM JEANES: Also still fighting will be the pro-forestry group Timber Communities Australia whose Tasmanian coordinator is Barry Chipman.

BARRY CHIPMAN: It's most certainly up to the company to decide what best course of action it should take, but from a timber-dependant community point of view we would support any action that can bring about protest actions being conducted in a lawful manner and not have a continuation of the old style of the environmental movement writes the law to suit itself.

TIM JEANES: But this has been going through the courts for a long time now. Isn't there a time when you've got to say enough is enough?

BARRY CHIPMAN: Oh again that is a call that needs to be made by the company that's brought about this action. But timber-dependent communities and their families and their workers have for far too long now been subjected to disruption of their lawful daily work. At no stage do we deny the people the right to protest, but at the same time, people must have a right to go about their lawful work.

MARK COLVIN: Barry Chipman from Timber Communities Australia ending that report from Tim Jeanes.

PM - Monday, 28 August , 2006 18:16:52

Reporter: Tim Jeanes