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Anti-whaler Bethune may take legal action against Japanese

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Tue, 23 Mar 2010 11:29a.m.

Peter Bethune's lawyer says possible counter legal action against the Japanese for the sinking of the Ady Gil was likely (NZPA)

Peter Bethune's lawyer says possible counter legal action against the Japanese for the sinking of the Ady Gil was likely (NZPA)

A lawyer for detained activist Peter Bethune says he will probably take counter legal action against the Japanese over the sinking of his anti-whaling boat the Ady Gil.

The Aucklander is being held in Tokyo facing a charge of trespassing after boarding Japanese whaling ship Shonan Maru 2 in the Southern Ocean last month.

He was attempting to make a citizen's arrest and seeking damages following a collision in January between the Japanese whaling ship and his trimaran Ady Gil, formerly known as Earthrace, which sank after being severely damaged.

Mr Bethune's lawyer, Dan Harris told Radio New Zealand possible counter legal action against the Japanese for the sinking was likely.

"It would most likely be on behalf of the owner of the vessel Ady Gil that was destroyed and also perhaps on behalf of crew members who were injured or subjected to distress," he told Radio New Zealand.

Mr Bethune will learn on April 2 whether the Japanese will pursue the trespass charge.

Sea Shepherd founder Conservation Society Paul Watson, who captains the Steve Irwin protest ship, said last week if Japan decided to use the full force of the law to deal with Mr Bethune, it would be a difficult situation as courts there had a 98 percent conviction rate.

In terms of potential legal battles over the collision between the Ady Gil and Shonan Maru II, it would also be difficult from Mr Bethune's perspective as the Japanese fleet and its whaling activities had the full support of the Japanese Government.

However, Mr Watson said Mr Bethune's situation was not unique, as in 2003 two environmental protesters cut fishing nets in a Japanese bay to free some dolphins and were arrested on charges of interfering with commerce.

They were questioned for three weeks and let go.

Mr Watson said the same thing may happen in this case.

NZPA

 

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Comments

09 Apr 2010 09:36p.m.

Opal Melody Neo wrote:

I say go for and do whatever you can. Make sushi out of Japanese whalers.

26 Mar 2010 03:52a.m.

JC wrote:

Mr Philips; The Minke Whale is not endangered animal. You need to research before you posting stupid comment.

24 Mar 2010 12:45a.m.

Samuel wrote:

You people really need to stop listening to Paul Watson for legal advice and opinions. Bethune had no right to make a citizen's arresrt under NZ or any other type of law. It sounds like a great idea and may appeal to some sense of fair play you have, but there is no basis for it in law. There is also the small problem of Australian jurisdiction in the Antarctic area. The judge in the famous whaling court ruling knew his ruling had no teeth and said as much. He also knew that it was beyond his scope of authority to interpret international law wrt to the AAT and the ATS; he said his hands were tied by Parliment who had already decided the matter. So the AWS sanctuary is meaningless, the court order is toothless, and the Southern Ocean Whale sanctuary applies only to commercial whaling not scientific permit whaling, minke whales are not endangered, and Watson had a really stupid idea regarding the use of Earthrace to block harpoons.

23 Mar 2010 10:18p.m.

V wrote:

Get over it you losers, Pete should get a real job, Whales+Whalers=food , Blue Fin tuna which I hope to catch next week = big yen. All legal too!.

23 Mar 2010 09:29p.m.

Mr Philips wrote:

The Japanese go into a whale sanctuary, kll endangered whales in contempt of an Australian court order, nearly kill people in a deliberate attack and then then take back one of the victims to possibly put him in prison. NZ and Australian government, what the hell is wrong with you? If the Japanese were black and poor they'd have been arrested the minute they entered Australian territory.

23 Mar 2010 08:39p.m.

Hyde wrote:

All the governments worldwide that standby, watch and do nothing are just as guilty as the Japanese employees on these killing factories! The poaching of whales, bluefin tuna, baby seals... no government condemns it because of financial and economical ties with the countries that do so. In my eyes these governments are just as responsible for the death of these creatures as the poachers whom kill them! Capt.Bethune had every right to serve that citizen's arrest, the captain of the Shonan Maru II made an attempt on his and the crews life's. Organizations like Sea Shepherd deserve every support they can get, because they truly act on behalf of defenseless animals. Pete keep your head up and stay positive, you're a hero!

23 Mar 2010 07:38p.m.

Paul wrote:

The world looks on japan as under handed and corrupt.Really who else but the japanese would go fishing in a sanctuary full stop.I couldnt go to Goat Island marine reserve and catch fish because I wanted to see how big they were.You have no honour japan and should be ashamed of yourself.

23 Mar 2010 07:37p.m.

Dutchy wrote:

What a shame the Australian and New Zealand Governments don't have the balls to stand up to Japanese citizens committing crimes on their vessels, citizens and in their territory! As long as they Japanese get away with it, they will keep poaching! Rudd, grow some balls!

23 Mar 2010 03:39p.m.

Cheyla wrote:

The actions of the Japanese were far more dangerous and egregious so they should definitely be on trial whatever happens to Capt Bethune.

23 Mar 2010 03:37p.m.

MrT wrote:

Whalers = Poachers