An organic farmer in Western Australia whose crop was contaminated with genetically modified (GM) canola from a neighbouring farm has lost his court appeal for compensation.

Steve Marsh of Kojonup lost organic certification over most of his farmland in 2010 after genetically modified seeds and swathes blew onto his farm.

Mr Marsh went to court, seeking more than $80,000 in compensation.

But last year the Supreme Court dismissed the case, saying neighbour Michael Baxter had not acted negligently and could not be held responsible just for growing a GM crop in a conventional way.

It also awarded Mr Baxter costs.

The Court of Appeal has now dismissed appeals on the case and the costs in a two-to-one decision.

Earlier this year it was revealed that Monsanto had contributed to Mr Baxter’s costs while Mr Marsh’s campaign has been supported by the Safe Food Foundation.

Outside the court, Mr Baxter said he had been confident of winning.

“We certainly never doubted all the way through that we were probably going to be on the winning side,” he said.

“This should never have even gone to court because between farmers, we should’ve just had a chat over the fence, had a couple of beers, you know, this would’ve been all sorted out.

“He’s an organic farmer, he can’t spray, he can’t use chemicals, you know he’s got red mite, he’s got aphids, he’s got rust, he’s got all the diseases in the world, does he worry about that?

“They blow over the fence, I get them all the time.

“Do I whinge, do I complain? No, not at all.”
Neighbours no longer speak

Mr Baxter said he had no relationship with Mr Marsh anymore.

“He took the hard line, he made the decision,” he said.

He thanked the Pastoralists and Graziers Association for their support.

The decision was another blow for Mr Marsh.

“I guess what this has demonstrated is that common law does not protect farmers against GM contamination, that’s obviously very clear,” he said.

“This argument that it’s like a leaf blowing next door or something blowing next door, it’s quite ridiculous.

“This product’s got a technology in it, it’s got a patent on it to start with, so you can’t tell me a leaf blowing next door or an aphid or a weed is the same as GM technologies.”

Mr Marsh said he was considering whether to appeal to the High Court.

“It was obviously a two-one decision so they weren’t all against us,” he said.

Mr Marsh was asked whether he was prepared for the possibility of losing his farm.

“You’ve got to deal with what you’ve got to deal with – if you don’t stand for what you believe is right then that’s it,” he said.