The KLDF has been formed in response to civil suits taken out against a number of people and organisations opposed to the building of the Hindmarsh Island bridge near Adelaide, South Australia.

South Australian defamation actions have been brought by Tom, Wendy and/or Andrew Chapman against alleged opponents of the Hindmarsh Island bridge:

vs John Coulter Australian Democrats (SA) (District Court Action No. 1333/1997)	vs Margaret Allen (Green Left Weekly) + Neale Draper (District Court Action No. 533)
	vs Dean Whittaker (District Court Action No. 310 of 1997)
vs Conservation Council of SA Inc. Friends of Goolwa Kumarangk Inc. Kumarangk Coalition Gregory Lundstrom Chris Lundstrom& (District Court Action No. 1366/1997)	vs Conservation Council of SA Inc. Margaret Bolster David Shearman Richard Owen (Supreme Court Action 81/1998)
vs Rural Press Ltd [Victor Harbor Times] (District Court Action No. 178/1999)

The Kumarangk Legal Defence Fund has been formed to assist in the organisation of financial, moral and legal support for the people and organisations who are being sued in connection with the campaign to stop the building of the bridge to Hindmarsh Island.

News of the cases
Background to the defendents

Many of the cases are about alleged defamations where the defendants criticised planning processes related to the bridge, which the developers of Marina Goolwa claim inferred a defamation of them.

One defamation case began after a "letter to the editor" of a local newspaper commenting on consultation with Aboriginal people. Another defamation case is against former Senator John Coulter after he demanded an investigation into allegations of police irregularity at an anti-bridge protest.

Cases are also being pursued against organisations like the Conservation Council of South Australia, which, as the peak environmental body in South Australia represents organisations totalling some 60,000 members.

Some media organisations have been or are being sued over their reporting of comments made in interviews with Ngarrindjeri women, or as a result of their reporting of other issues related to the bridge controversy.

Other defamation cases relating to the Hindmarsh Island bridge affair brought by Tom, Wendy and/or Andrew Chapman:

• vs ACP Publishing (The Bulletin) (District Court Action No. 294/1997)
• vs Nationwide News (The Australian) (District Court Action No. 295/1997)
• vs Network Ten Ltd (District Court Action No. 1134/1997)
• vs Federal Capital Press (Canberra Times) (District Court Action No. 128/1998)
• vs The Australian Broadcasting Corporation (Supreme Court Action No. 321 of 1998)

The merits of the individual cases will be decided eventually by the courts, but what is of particular concern is the effect of the cases on political rights.

The effect of civil litigation upon public protest has been noted in the United States. There, extensive patterns of litigation which have the effect of suppressing public debate have been called by American legal academics, George Pring and Penelope Canan, SLAPPs (Strategic Litigation Against Public Participation).
click for more on SLAPPs

The KLDF makes no allegation as to the motives of the Chapmans in initiating litigation. However, as Pring and Canan argue, the overall effect is to silence some people and organisations. This can be seen to represent a curtailment of basic civil rights of freedom of speech and the freedom to lobby government to change its policies.

A number of people and groups associated with the Ngarrindjeri people and the anti-bridge campaign have already stated that they have felt constrained from expressing their opinion or taking part in the campaign.

In these Hindmarsh Island cases the defendants claim that their statements were either true, or constituted fair comment, or were the subject of qualified privilege. However, fighting legal cases is expensive and time consuming. Unfortunately legal aid is not available for such civil cases.

The KLDF asks for financial assistance for costs associated with legal research, court and legal fees.

The KLDF is only providing support for those individuals and community organisations who oppose the building of the bridge, (not commercial media organisations which are also being sued). However, we welcome donations from those who are undecided or who are in favour of the bridge, but who are concerned about the effect of civil litigation on civil liberties.

For further information, contact

• The Kumarangk Legal Defence Fund Inc.

PO Box 3168
Rundle Mall SA 5000
AUSTRALIA

Cheques should be made payable to the "Kumarangk Legal Defence Fund"

Email thekldf@yahoo.com

The website manager would particularly like to thank Andrew Lindlay in the UK, who hosted the previous incarnation of this site (before it was closed down) and GreenNet, our new fearless hosts.