Environmental Law Group at Risk of Losing Charitable Status due to Allegations of Fabricating Evidence
The Environmental Defenders Office, which is facing a large costs order after losing an action against a gas pipeline, may also now lose its charitable status.
Already struggling to pay a $9 million costs order after losing a high-profile case against energy giant Santos, the Environmental Defenders Office (EDO) is at risk of losing its charitable status.
The federal opposition has stated that if elected, it will terminate the group’s $8.3 million in government funding and has consequently referred it to the Charities Commission for investigation.
If the EDO loses its charitable classification, donations to it will no longer be tax-exempt.
Coalition resources spokeswoman Susan McDonald has confirmed that she has referred the organization for investigation following a judge’s criticism of their actions in a case against Santos Energy.
In the case against Santos Energy in the Federal Court, the EDO represented the Indigenous Tiwi Islanders in an attempt to block the development of the Barossa gas export pipeline, citing concerns about disrupting the “Jirakupai” and “Crocodile Man songline” as well as the impact on the ancestral being Ampiji, a rainbow serpent.
However, Justice Natalie Charlesworth deemed the evidence presented by EDO to be unreliable and heavily coached, leading to doubts about the integrity of the case.
Senator McDonald emphasized the importance of upholding cultural integrity and criticized the use of fabricated evidence to hinder mining and gas projects.
EDO Defends Position
Despite the controversy, EDO chief executive David Morris defended the organization’s role in protecting nature and cultural heritage for almost four decades, emphasizing the need for free legal support in times of crisis.
Following the adverse ruling in the Santos case, the EDO has taken steps to strengthen its legal practice, including appointing Indigenous barrister Tony McAvoy to conduct a review.
The organization’s financial accounts revealed a significant loss due to the costs incurred from the failed action against Santos, but measures have been taken to cover these expenses.
Overall, EDO remains committed to providing access to justice for those in need and maintaining its positive track record in protecting environmental and cultural values.
AAP contributed to this story.
