by Ian Hampton
 |
| Peter Spencer, photo sourced ABC |
On
Thursday 6 March, on the NSW ABC Country Hour, Michael Condon interviewed Hugh
Nivison, Chairman of the Trust administering the Australian Farmers Fighting
Fund (AFFF).
The interview was in response to Spencer supporters informing
the Country Hour that the fighting fund assistance used to back the legal fight
against the Commonwealth had been stopped, and that this
untimely withdrawal has left Spencer 'high and dry' at a critical time as the
case is getting closer to going to trial.
However, when challenged by Michael Condon, Mr Nivison said that
was not accurate. Mr Nivison “blew
a bit of smoke”, saying
the fund had only committed to funding the process of legal discovery and is
now looking at the documents to see if any more assistance is warranted,
according to the merits of the evidence. He
also said "It is a complicated issue and we
want to have a look at the evidence before we make a decision on where we go to
from here," he said.
There is a report on the issue, and an audio of the interview on
http://www.abc.net.au/news/2014-03-06/nrn-spencer-case-funding-in-limbo-6-3-14/5303300
Nivison’s
statement lacks credibility. Peter Spencer’s solicitor, Mr Peter McKell
was advised by letter in January that the funding was to cease and the letter
is clear and makes no such qualification. It includes the following words
“the Trust has now carefully reviewed the above matter post discovery.
As a result of this review the Trustees have formed a view to no longer support
the case, and the Trust therefore will provide no further funding for this
matter (Spencer v The Commonwealth of Australia)”.
The
AFFF website home page includes the following two statements:
“Established
in 1985 - by farmers for farmers - the Australian Farmers' Fighting Fund (AFFF)
provides financial, legal and professional assistance to farmers facing major
issues that have the potential to set legal precedents.”
“The
AFFF supports farmers in their fight against unfair and unwarranted barriers to
the development of sustainable farming practises and vibrant regional
communities.”
Surely
the Spencer case meets both of these tests. One has to wonder why the
AFFF Trustees firstly, and without qualification withdrew the AFFF funding, and
when challenged resorted to making politician like statements about their
support – when the Fund’s continued support is most needed.
The
Spencer camp are not inclined to let the issue rest; it is hoped that a
supporter will be interviewed on NSW Country Hour in the near future to clearly
put forward the facts of the issue.
Previous related posts
.
The Peter Spencer legal team have received funding from the NFF run Australian Farmer Fighting Fund. There was confidentiality clause in the agreement with AFFF, so no insider information could be provided and there have been no updates on progress since May 2013.
ReplyDelete" Peter Spencer will have his day in Federal Court with his matter being set down for a full hearing on November 24th this year." As announced on the ABC Rural site 23rd May, Court date for hunger strike farmer
ReplyDeleteThis is the big final court case that will decide the matter that Peter Spencer and his close supporters like Alastair McRoberts have been working on for 7 1/2 years. The end is now in sight and as you can read from the article above AFFF have pulled their funding at a critical time. There is also very little awareness out there that this case is still going as AFFF had imposed a media gag on Spencer with the media.
Peter King, Spencer's barrister, will be interviewed of ABC Radio NSW Country Hour today.