Animal cruelty charges laid against a live export company after more than 2,000 sheep died aboard one of its ships have been dropped.
WARNING: This article contains images that some readers may find distressing.
The charges were brought against Emanuel Exports after the sheep died on the Awassi Express on a voyage from Fremantle in August 2017, mainly due to heat stress.
A whistleblower passed footage of dead and dying sheep on to Animals Australia, after which it was broadcast widely.
In the Perth Magistrates Court today, the state prosecution announced it had formally dropped the charges against all three defendants, including the company's directors.
Prosecutor Paul Yovich SC said it was determined it was no longer in the public interest to proceed.
The deaths in 2017 led to a ban on taking sheep to the Middle East during the northern hemisphere summer, and lower stocking densities, among other measures.
Sheep had effectively been going from an Australian winter to a much warmer environment.
In 2018, Emanuel Exports had its licence to export revoked by the federal agriculture department — but it was restored in 2021.
The following year the WA Department of Primary Industries brought animal cruelty charges against Emanuel Exports and two directors, Graham Daws and Michael Stanton, under the state's Animal Welfare Act
All had pleaded not guilty.
On Sunday — when asked about the potential of the charges being dropped — WA Premier Roger Cook said the proceedings against the company had been worthwhile.
"I'm very pleased the Department of Primary Industries was able to bring these charges to Emanuel," he said.
"As a result of that [and] their suspension of their licence for a period of time, the changes that we made as a result of that action had significantly improved the welfare of animals involved in our live sheep export and has led to the northern summer ban."
Protesters slam decision
Mr Yovich would not comment outside court.
Groups opposed to the live sheep trade slammed the decision to drop the charges.
A committee member of the Stop Live Exports group, Brenda McAuliffe, said they wanted the trade stopped as soon as possible.
"Australian sheep have suffered enough," she said.
"These are serious criminal charges which have been dropped and this is proof again that this trade cannot be regulated."
Maddison Panting of the Stand Against Live Animal Exports group said she was disgusted and appalled.
"It's horrifying," she said.
"It's unacceptable, the WA state government has a lot to answer for, they're just allowing this government-sanctioned torture."
She said she would not stop campaigning against the trade.
Agriculture minister 'disappointed'
In a statement, the WA Department of Primary Industries said the decision took into account "the complexity of the case", the cost of a trial, and "the administrative sanction already incurred by the company".
The department also said it considered the changes made to the company's operations to prevent similar incidents, as well as the industry's moratorium on live exports during the northern summer.
WA Agriculture Minister Jackie Jarvis said she was disappointed.
"I'm advised that the Department of Primary Industries and Regional Development made the difficult decision to discontinue the case based on legal advice from the state solicitor's office", she said in a statement.
"I am disappointed by this decision, but lawyers advise it was in the best interest of WA taxpayers.
"This case was complex, the animal welfare breaches happened on the high seas beyond the state's jurisdictional limits and there was no guarantee of a conviction.
"By proceeding with it, millions of dollars of taxpayer money would have been put at risk.
"The Cook Government strives to ensure that all animals receive appropriate standards of care."