Identifier
Created
Classification
Origin
10CANBERRA15
2010-01-07 06:08:00
CONFIDENTIAL//NOFORN
Embassy Canberra
Cable title:
WHALING COLLISION: AUSTRALIA WILL INVESTIGATE
how-toVZCZCXRO2127 OO RUEHPT DE RUEHBY #0015/01 0070608 ZNY CCCCC ZZH O 070608Z JAN 10 FM AMEMBASSY CANBERRA TO RUEHC/SECSTATE WASHDC IMMEDIATE 2491 INFO RUEHKO/AMEMBASSY TOKYO 3790 RUEHWL/AMEMBASSY WELLINGTON 0202 RUEHBN/AMCONSUL MELBOURNE 6883 RUEHPT/AMCONSUL PERTH 5147 RUEHDN/AMCONSUL SYDNEY 5154 RHHMUNA/HQ USPACOM RUCPDOC/DEPT OF COMMERCE WASHINGTON DC RUEAHLC/DEPT OF HOMELAND SECURITY CENTER WASHINGTON DC RULSDMK/DEPT OF TRANSPORTATION WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 CANBERRA 000015
NOFORN
SIPDIS
STATE FOR OES/OA BALTON, PHELPS, COMMERCE FOR NOAA MEDINA,
TOKYO FOR COBBS
E.O. 12958: DECL: 01/09/2020
TAGS: EFIS EWWT PREL AS JA
SUBJECT: WHALING COLLISION: AUSTRALIA WILL INVESTIGATE
REF: A. CANBERRA 14
B. 09 CANBERRA 1099
Classified By: Political-Economic Counselor Edgard Kagan, Reasons 1.4(B
)(D)
C O N F I D E N T I A L SECTION 01 OF 02 CANBERRA 000015
NOFORN
SIPDIS
STATE FOR OES/OA BALTON, PHELPS, COMMERCE FOR NOAA MEDINA,
TOKYO FOR COBBS
E.O. 12958: DECL: 01/09/2020
TAGS: EFIS EWWT PREL AS JA
SUBJECT: WHALING COLLISION: AUSTRALIA WILL INVESTIGATE
REF: A. CANBERRA 14
B. 09 CANBERRA 1099
Classified By: Political-Economic Counselor Edgard Kagan, Reasons 1.4(B
)(D)
1. (C/NF) The initial video evidence of the collision
between a Japanese whaling ship and the Sea Shepherd
Conservation Society (SSCS) vessel Ady Gil (ref A) strongly
suggests that the Ady Gil stopped or slowed significantly in
the path of the Japanese whaling vessel Shonan Maru at close
range and that the Japanese vessel's actions could be
consistent with trying to avoid a collision. Paula Watt,
Director of the Marine Environment Section at the Department
of Foreign Affairs and Trade (DFAT),told Econoff that the
GOA is analyzing available evidence surrounding the crippling
of the Gil in the January 6 collision. While careful to say
that any final determination would be made by maritime safety
experts, Watt said in her opinion the Japanese would "come
away clean" in a final finding of fault.
MEDIA COVERAGE HEAVILY IN FAVOR OF SSCS
--------------
2. (C/NF) Such a result will be hard to swallow for the
Australian public. Already frustrated with the inability of
the Rudd government to stop or reduce whaling in the Southern
Ocean, public outcry over the incident has been heavily
one-sided and stoked by the Opposition. Every media outlet
in Australia gave front-page coverage to this incident, with
several headlines leaping to the conclusion that the Japanese
vessel "rammed" and sank the Gil, relying heavily on quotes
from SSCS members. Some commentators did question the safety
of the SSCS's operations, but the general initial coverage
supports the perception that Japan is operating illegally and
dangerously and should be stopped. Australia National
University sea law expert Don Rothwell offered one
counterpoint to the emotional outrage, saying in an interview
that SSCS was operating at the very edge of legality in their
protests. Rothwell also said that the government now had
good reason to send a vessel to monitor both whaling and the
protests.
BREAK OUT THE MICROSCOPE
--------------
3. (C/NF) Watt said DFAT already issued instructions to posts
in Tokyo and Wellington that Australia will assist as
required in any investigation by the two flag states
involved. Contrary to initial reports, the bulk of the Gil
did not sink and its wreck is being towed by other SSCS
vessels. Watt said it was highly likely that Australian
police and maritime agents would want to inspect any of the
vessels that do call in Australia for evidence linked to the
collision. This would follow on the 2009 execution of a
warrant on the SSCS vessel Steve Irwin by the Australian
Federal Police for similar reasons.
4. (SBU) Environment Minister Peter Garrett issued the
initial government response late on January 6, condemning any
dangerous or violent action on the high seas, restating
opposition to lethal scientific whaling, and urging all
parties to exercise maximum restraint and conduct their
operations safely. Deputy Prime Minister Julia Gillard on
January 7 ordered the Australian Maritime Safety Authority to
conduct its own investigation of the incident regardless of
Qconduct its own investigation of the incident regardless of
flag state requests. Watt characterized this as a "fact
finding", not a criminal, investigation. Gillard also said
that the GOA will not be sending a vessel to monitor events,
despite a public call from Opposition Environment Spokesman
Greg Hunt to repeat the 2007 despatch of a customs vessel to
monitor the whaling operation.
5. (C/NF) Comment: Australian authorities will, to the best
of their ability, conduct a careful and thorough inquiry into
the collision and any potential violations of international
or Australian law. Given the pressure they are already under
on this issue in an election year, any determination of the
facts by Australian authorities will be scrutinized by all
sides. The truth about the collision is unlikely to emerge
CANBERRA 00000015 002 OF 002
quickly, and the inquiry could be hard-pressed to avoid
influence by foreign policy or domestic political calculus.
CLUNE
NOFORN
SIPDIS
STATE FOR OES/OA BALTON, PHELPS, COMMERCE FOR NOAA MEDINA,
TOKYO FOR COBBS
E.O. 12958: DECL: 01/09/2020
TAGS: EFIS EWWT PREL AS JA
SUBJECT: WHALING COLLISION: AUSTRALIA WILL INVESTIGATE
REF: A. CANBERRA 14
B. 09 CANBERRA 1099
Classified By: Political-Economic Counselor Edgard Kagan, Reasons 1.4(B
)(D)
1. (C/NF) The initial video evidence of the collision
between a Japanese whaling ship and the Sea Shepherd
Conservation Society (SSCS) vessel Ady Gil (ref A) strongly
suggests that the Ady Gil stopped or slowed significantly in
the path of the Japanese whaling vessel Shonan Maru at close
range and that the Japanese vessel's actions could be
consistent with trying to avoid a collision. Paula Watt,
Director of the Marine Environment Section at the Department
of Foreign Affairs and Trade (DFAT),told Econoff that the
GOA is analyzing available evidence surrounding the crippling
of the Gil in the January 6 collision. While careful to say
that any final determination would be made by maritime safety
experts, Watt said in her opinion the Japanese would "come
away clean" in a final finding of fault.
MEDIA COVERAGE HEAVILY IN FAVOR OF SSCS
--------------
2. (C/NF) Such a result will be hard to swallow for the
Australian public. Already frustrated with the inability of
the Rudd government to stop or reduce whaling in the Southern
Ocean, public outcry over the incident has been heavily
one-sided and stoked by the Opposition. Every media outlet
in Australia gave front-page coverage to this incident, with
several headlines leaping to the conclusion that the Japanese
vessel "rammed" and sank the Gil, relying heavily on quotes
from SSCS members. Some commentators did question the safety
of the SSCS's operations, but the general initial coverage
supports the perception that Japan is operating illegally and
dangerously and should be stopped. Australia National
University sea law expert Don Rothwell offered one
counterpoint to the emotional outrage, saying in an interview
that SSCS was operating at the very edge of legality in their
protests. Rothwell also said that the government now had
good reason to send a vessel to monitor both whaling and the
protests.
BREAK OUT THE MICROSCOPE
--------------
3. (C/NF) Watt said DFAT already issued instructions to posts
in Tokyo and Wellington that Australia will assist as
required in any investigation by the two flag states
involved. Contrary to initial reports, the bulk of the Gil
did not sink and its wreck is being towed by other SSCS
vessels. Watt said it was highly likely that Australian
police and maritime agents would want to inspect any of the
vessels that do call in Australia for evidence linked to the
collision. This would follow on the 2009 execution of a
warrant on the SSCS vessel Steve Irwin by the Australian
Federal Police for similar reasons.
4. (SBU) Environment Minister Peter Garrett issued the
initial government response late on January 6, condemning any
dangerous or violent action on the high seas, restating
opposition to lethal scientific whaling, and urging all
parties to exercise maximum restraint and conduct their
operations safely. Deputy Prime Minister Julia Gillard on
January 7 ordered the Australian Maritime Safety Authority to
conduct its own investigation of the incident regardless of
Qconduct its own investigation of the incident regardless of
flag state requests. Watt characterized this as a "fact
finding", not a criminal, investigation. Gillard also said
that the GOA will not be sending a vessel to monitor events,
despite a public call from Opposition Environment Spokesman
Greg Hunt to repeat the 2007 despatch of a customs vessel to
monitor the whaling operation.
5. (C/NF) Comment: Australian authorities will, to the best
of their ability, conduct a careful and thorough inquiry into
the collision and any potential violations of international
or Australian law. Given the pressure they are already under
on this issue in an election year, any determination of the
facts by Australian authorities will be scrutinized by all
sides. The truth about the collision is unlikely to emerge
CANBERRA 00000015 002 OF 002
quickly, and the inquiry could be hard-pressed to avoid
influence by foreign policy or domestic political calculus.
CLUNE