Environmental lobby group and activists Sea Shepherd Australia says given the science, the November 2012 WA Fisheries Shark Correlation report, the popular pubic opinion, the world condemnation, the risks to human safety, the complete lack of logic in any way shape or form, it has no choice but to take the WA Government to the Supreme Court in seeking a judicial review of the shark mitigation (cull) program.
Joining Sea Shepherd Australia as a applicant will be Dr. Sharon Burden, the mother of Kyle Burden, who was fatally mauled by a Great White off Bunker Bay in 2011 while bodyboarding. Representing Dr. Sharon Burden and Sea Shepherd Australia will be Principal Solicitor for the EDO WA, Patrick Pearlman and prominent Barrister Richard Hooker.
Sea Shepherd Australia and Sharon Burden have filed and served an Application for Judicial Review of the decisions and/or conduct of the State Government in relation to the ongoing Shark Mitigation Program on an urgent basis for interim injunctive relief.
Sea Shepherd Australia believes that the tender process was unlawful, that the WA state government has been acting unlawfully, that the taking and killing of protected animals was illegal. The law contemplates some sort of process being in place to protect these protected animals and that process has been scotched, it says.
"We are seeking an injunction to remove the drum lines immediately on the basis that a Judicial review needs to be conducted as to the way the shark mitigation program was rolled out. When the drum line program was first announced, Sharon Burden stated "I would like to see a legal challenge that requires the Barnett government to provide evidence to support their decision, I think we would all benefit from an independent forum that allows us to hear the facts without the politics."
Also, in a recent speech at a rally at the WA Parliament steps Burden said: "There is a sculpture in the sand dunes at Bunker Bay directly in line with the surf break where Kyle was killed. We placed the sculpture there, not as a reminder of Kyle’s death, but as a reminder to others to appreciate the beauty of the Bay, the joy of surfing, and the need to protect everything in nature that we can sometimes take for granted. It has always been a place of peace and comfort for me.
"Now, as I sit and contemplate in this place, I can clearly see the drum line buoys directly offshore. And it disturbs me greatly."
Sea Shepherd says it is upholding the laws for its global mission to protect the biodiversity in the oceans for the benefit of future generations. It says this is why it is questioning the legality and is soactively involved in opposing the Western Australian shark cull.