Farmer in organic legal fight

A Kojonup farmer has formally begun landmark legal action against his lifelong friend and neighbour over the alleged contamination of his organic farm by genetically modified crops.

In what is believed to be an Australian first, Steve Marsh will pursue neighbour Michael Baxter in the WA Supreme Court for negligence after GM canola seeds blew onto his property, causing it to be stripped of organic status earlier this year.

The issue has virtually destroyed the friendship between the two men, who grew up together, and divided the entire farming sector over competing land uses and a farmer’s right to farm his property.

“It’s all been a difficult decision, nobody in the country likes to take their neighbour to court in a small community. This whole thing has been very sad,” Mr Marsh said.

“The issue for me is the loss of my rights in a democratic society to farm my land as I choose to.”

After Mr Marsh discovered GM canola seeds on his property in December 2010, his organic certifier the National Association for Sustainable Agriculture removed his accreditation from more than 70 per cent of his farm.

The fifth-generation farmer said he feared it would take years to regain organic status, even if he won the case.

Mr Baxter declined to comment on the advice of his legal team.

Pastoralist and Graziers Association’s John Snooke, who is also a GM farmer, said the zero threshold set by NASAA was “unrealistic and unachievable” and was impossible for farmers to guarantee.

Mr Snooke described the Baxters as “good farmers, great people” and said they were one hundred per cent compliant in their Department of Agriculture and Food WA GM canola audit.