Onus of proof !

" The Law " - or " Justice " - is usually depicted outside our courts in the form of a blindfolded woman holding the sword of vengeance in one hand and a set of balance scales in the other.    The onus is on the prosecution to prove guilt rather than the accused to prove innocence - and thereby the outcome of many cases becomes a mystery to those witnessing proceedings.

The Environment Protection Agency ( EPA ) has just abandoned a prosecution in the Land and Environment court because it has been impossible to " prove " what seemed an " open and shut " case.   When it comes to the law, that old axiom that " if it looks like a duck and it quacks like a duck, then it is probably a duck " - fails to apply.

Residents in the suburb of Girraween were dismayed when their suburban gardens began to die.   Scientists quickly found that the plants were covered in a mysterious white powder, and this was identified  as Metsulfuron-Methyl, known as MSN.

MSN is a chemical manufactured by the American chemical giant - DuPont, and DuPont have a factory right in the heart of Girraween.

That's where things get tricky.    If a manufacturer declines to say whether they manufacture a particular product at that plant, the onus of proof falls back on agencies like the EPA - and that brings into play a whole new set of privacy laws.  The fact that DuPont is one of America's biggest companies and has deep pockets to engage the best counsel probably had something to do with the EPA walking away from an expensive legal fight.

At least there is logic in making that sort of decision.    It is better to be pragmatic and avoid getting tangled up in hopeless legal actions when public money is involved.    The EPA legal team considered that getting a win would be unlikely - and as a consequence they would probably get stuck with the other sides legal costs.

Unfortunately, for the residents of Girraween it is definitely a  " no win " situation. Restoring their gardens will be at their own expense !