More Defra illegaility, lies and intimidation.
Pat Gardiner
Defra accused of chemical collaboration
Defra has been accused by a Crown Court judge of allowing foreign
multi-national agrochemical companies to maintain their prices in this
country to the detriment of UK growers and farmers.
But both sides claimed victory in the case of a Herefordshire pesticide
importer being found guilty of illegally storing pesticides, heard at
Shrewsbury Crown Court last week.
Judge Onions found John Rawlings of Tenbury Wells, a sole importer of
pesticides, guilty on three counts of illegally storing foreign chemicals
for agricultural or land use. But the jury was unable to reach a decision on
a further 11 counts.
A statement from Defra following the case concluded the guilty verdict was
for storing illegal pesticides. But a statement from the defendant's
solicitors claims Rawlings was prosecuted for importing pesticides and
storing them.
Rawlings was accused of bringing pesticides into this country from Italy and
the Netherlands. But it seems he has claimed the moral high ground at the
end of the case. Judge Onions concluded that Defra, through its agent the
Pesticide Safety Directorate (PSD), had "unwittingly or wittingly
collaborated with chemical companies to maintain a cartel".
The three chemicals involved in the case, all from Italy, were Mocap, an
organophosphate used for the control of potato cyst nemotodes; Sevin Flow, a
product containing 47 percent of the carbamate insecticide carbaryl; and
Oscar, for the control of red spider mite in soft fruit.
According to Defra, pesticides containing Carbaryl were banned in the UK in
2001. However, the defence said this product was intended for use on golf
courses.
The Court accepted Rawlings' argument that the Defra controls were standing
in the way of free trade. He told the Court that his farmer/grower customers
had to pay up to 45 percent more for the same product used by farmers and
growers on the continent.
Judge Onions asked for Defra to report back to him in 21 days as to what
lessons it had learned in this case, otherwise the case would go to the
Competition Commission.
Denise Dowen, for Rawlings' solicitors Hill Dickinson, said the defence was
that these chemical imports were registered and identical products to those
in other EC countries. Only half way through the court proceedings did Defra
say they were identical products, she claimed.
The Court heard evidence from some of the major agro-chemical companies,
including Syngenta, BASF and Bayer CropScience, with them having to admit
under cross examination they did manipulate the market to force up prices in
the UK.
Closing the case Judge Onions said this case was of great public interest
and it was the chemical companies that should be investigated. The judge
added that he would be writing to Kerr Wilson, the PSD chief executive,
asking why the case was brought.
In pursuing Rawlings, Defra "had taken a sledgehammer to crack the wrong
nut," he said.
Rawlings was given a two-year conditional discharge on the three offences
and was ordered to pay prosecution costs of £8,500. His own legal costs,
which Defra estimated in their press statement, amounted to £60,000.
Dowen said after the case: "Many of my clients are being persecuted by Defra
over pesticide imports. Their goods have been unlawfully seized. They have
been subjected to intimidation and their businesses have been destroyed."
She added the UK government was warned by the EU for restricting free trade
in these goods.
Regards
Pat Gardiner
www.go-self-sufficient.com