THERE are calls for the live export company Emanuel Exports to have its licence to export restored by the Department of Agriculture, Water and the Environment (DAWE) after the department dropped its criminal investigation against the company and its former managing director Graham Daws.
Liberal O'Connor MP Rick Wilson said there was no reason why the company shouldn't be allowed to operate again after the Independent Regulator of live exports released a statement last week that the Commonwealth Director of Public Prosecutions (CDPP) had advised that it "could not be satisfied that there were reasonable prospects of conviction".
In April 2018 DAWE commenced an investigation into whether criminal offences had been committed in connection with a number of livestock export voyages on-board the former Awassi Express livestock vessel during 2017.
The condition the livestock were subjected to over the course of the voyages from Australia to the Middle East during the northern hemisphere summer were the subject of media reporting, particularly a 60 Minutes program, which was put together on the back of whistleblower video footage on board the vessel.
The department suspended and then cancelled the export licences of Emanuel Exports on August 21, 2018, and its subsidiary company EMS Rural Exports on September 5, 2018.
DAWE said both of these companies exported livestock on board the Awassi Express during 2017.
"After a detailed investigation, the department submitted a brief of evidence to the CDPP for consideration of whether the evidence obtained was sufficient to justify the prosecution of the export companies and company director involved," DAWE said.
"Following careful consideration of all the available evidence in accordance with the Prosecution Policy of the Commonwealth, the CDPP concluded that it could not be satisfied that there were reasonable prospects of conviction of those alleged to have been involved.
"The video footage, and circumstances surrounding the taking of the footage, played no part in the decision not to proceed.
"The decision and action to cancel the licences was taken by the department independently of the criminal investigation."
Mr Wilson said it was "a significant statement by DAWE" and was a "pleasing decision for the livestock industry" because of the broader ramifications.
"In 2017 Emanuel Exports contributed 82 per cent of all exports in WA," Mr Wilson said.
"They are a significant player in the industry.
"Now that the criminal prosecution has collapsed DAWE must review its decision to cancel their licence.
"I'm calling on DAWE to reinstate their licence to be able to supply sheep to our markets in the Middle East.
"The sooner the better."
Mr Wilson said he wasn't so much concerned with the company itself but the overall industry which had "suffered greatly" in the past few years.
"The vendetta of the department against Emanuel Exports has cost the industry," Mr Wilson said.
He said while DAWE's statement was significant it "doesn't say anything about why".
"If the video footage wasn't enough, what happened in those two years?
"What changed in that time?"
Emanuel Exports managing director Nicholas Daws said the company welcomed the announcement by DAWE and "as a result, charges will not be laid".
Mr Daws said the past two years had been "very difficult for our family business and personally" but he was committed to continuing in the industry.
"As a family business that has provided protein to families around the world for over 50 years I believe there is a positive future for the live export industry with Australia as world leaders in animal welfare, technology and innovation," Mr Daws said.
"The accelerated improvements implemented by the live export industry in the past 15 months has demonstrated an industry that is viable and sustainable.
"In the current COVID-19 environment we are seeing how important this trade is especially to the Gulf region.
"Animal welfare is the core of our business and we remain committed to our rural communities and stakeholders in the WA sheep industry.
"Emanuel Exports continues to appeal the cancellation of its export licence and makes no further media comment, pending the outcome of this appeal."
Farm Weekly understands that the appeal hearing has been postponed a number of times and will now be held in November.
Graham Daws stood down from leading Emanuel Exports at the height of the investigation to allow his son Nicholas to take over - he said it was a planned move as part of the succession plan of the business.
Mr Daws and Michael Stanton, who manages International Livestock Exports - another associated company of Emanuel - still face charges of animal cruelty in WA which were laid by the Department of Primary Industries and Regional Development after an 18-month long investigation by the Livestock Compliance Unit.
They both pled not guilty to the charges and are confident of a positive outcome.
The State government is pursuing the case under the Animal Welfare Act 2002.
A previous attempt in 2008 to use the act against live exporters was unsuccessful.
Federal Agriculture Minister David Littleproud did not wish to comment on the Independent Regulator's decision.
p In other live exporter news, former Wellard Limited chief executive officer and founder Mauro Balzarini has ended his ties to the ASX-listed livestock shipping company by disposing of his family's remaining 12.75 per cent shareholding.
Mr Balzarini's family company WHG was subject to "key man" restrictions until a debt to Italian financier Banca Intesa Sanpaolo was repaid.
Wellard announced in December that it had sold its largest vessel, Ocean Shearer, to Kuwaiti Livestock Transport and Trading in a deal that allowed it to extinguish the debt.
Mr Balzarini said the remaining shares were transferred to parties involved in WHG to complete an old agreement and the company would continue the process to wind down.
"It is well known that my interest in Wellard stopped after I was replaced as CEO, with the company liquidating assets and reducing its owned fleet to two ageing vessels since then," Mr Balzarini said.
"The transfer of the shares is the final stage in my exit from Wellard and from all Australian interests, and I can now focus my attentions on new ventures including the design of a new generation of livestock carriers.
"That project has been severely impacted by the COVID-19 outbreak in Italy but we are intending to resume work as soon as possible."
Mr Balzarini announced the new venture in January this year, saying the vessels would incorporate technology that ensured cleaner, lower cost operation and more humane conditions for livestock.
