THE live export vessel Anna Marra (formerly the Awassi Express) was raided by Department of Primary Industry and Regional Development (DPIRD) general inspectors when it was docked at Fremantle Port about 12 days ago to load feed pellets before heading to Broome to pick up a consignment of cattle for Indonesia.
It was the second reported exercise of a warrant involving DPIRD inspectors looking for evidence regarding the August 2017 voyage in which 2400 sheep perished from heat stress while on route to Kuwait in the Persian Gulf by Emanuel Exports.
The first raid occurred on the Emanuel Exports offices in West Perth last year - which was a surprise to the company and gave the department access to files and documents about the voyage, which the exporter said it would have provided if it was asked.
Federal Member for O'Connor Rick Wilson said it was "appalling that the WA department was harassing the live export trade almost two years after the one off event".
"It's not helping to promote confidence from farmers and the broader community," Mr Wilson said.
He wasn't sure what DPIRD would be looking for on the vessel other than information on ventilation and stocking densities and said "that's not information that the captain would keep in his log".
"They don't carry that information on board," he said.
"That's information that the Department of Agriculture and Water Resources (DAWR) has.
"A simple request could have provided that information.
"This reeks of harassment."
Mr Wilson questioned if DPIRD was receiving direction from the State Agriculture Minister Alannah MacTiernan or if it was acting on its own.
"If this is the State Minister it would be her firing a shot across the Federal Minister's bow," Mr Wilson said.
"It is getting beyond a joke.
"The incident in 2017 has been thoroughly investigated and there have been massive changes to the industry since then.
"These are just stunts, nothing is going to come out of it."
Pastoralists and Graziers Association of WA president Tony Seabrook said he was "surprised by the pettiness" of DPIRD after it had previously raided Emanuel's offices and DAWR had revoked the company's licence to export.
"For all the grief that they have given Emanuels there have been no charges laid yet," Mr Seabrook said.
"What's going on here?
"What's the purpose and who is going to gain from it?
"It is up to the minister to please explain."
Ms MacTiernan said she was seeking clarification from DPIRD on the reason for the exercising of a search warrant on the Anna Marra but expected that investigators had identified areas where they may need further evidence to sure up their case.
"There's nothing unusual about that," Ms MacTiernan said.
"There is potentially a gap in evidence and that is not particularly controversial."
Ms MacTiernan said DAWR was still investigating the incident as well but had not heard any comments from Mr Wilson about that.
She said the DPIRD investigation was launched in February 2018 after advice from the State Solicitor that there was a case to answer under the animal cruelty provisions of the State Animal Welfare Act, although a previous attempt in 2007/08 to prosecute an exporter under the State laws failed to materialise after it was ruled that it was the jurisdiction of the Federal government.
Ms MacTiernan said she wasn't sure why there was not an appeal made on the ruling at the time.
She said the Federal government's "systematic and catastrophic failure" to manage the live export trade - as described in the Moss Review - was why the State government felt it needed to act.
"We started our investigation because it was quite clear the Federal government hadn't been doing anything for five years under Barnaby Joyce," Ms MacTiernan said.
"The Moss Review revealed that they dismantled the animal welfare architecture within the department and they had not updated the Australian Standards for the Export of Livestock.
"After the Bader III incident in 2017, six months before the Awassi Express incident, I sought legal advice from the State Solicitor.
"If the exporters were behaving we wouldn't have acted.
"It was an unsustainable position by the Feds and we stepped into the breach - which has been recognised by the government who said they got it wrong.
"Mr Wilson should hang his head in shame with his dog whistle politics.
"It is contemptuous, he was part of the government that by its own recognition totally failed farmers and live exporters by ignoring the issue along with Barnaby Joyce."
Ms MacTiernan said it was in the interest of farmers that exporters who broke the rules with "catastrophic results" were punished or "at least examined".
She said a brief of the investigation had been prepared for the State Solicitor, "some time ago", and it was recognised that it was a "complex issue" involving lots of scientific data and the need for experts witnesses.
"We will be taking this to its conclusion and people could be sent to prison, we are not taking this lightly," Ms MacTiernan said.
She said she would not use the law retrospectively but "if anyone does come to our attention we will be taking action".
DPIRD said it was responsible for the administration of the WA Animal Welfare Act and DPIRD general inspectors can exercise powers under that act.
"The investigation into the allegations of animal cruelty relating to the shipping of live sheep on the Awassi Express is ongoing," a DPIRD spokesperson said.
"The department cannot provide further information on this matter at this time."
It is understood that the Anna Marra is currently chartered by International Livestock Exports, a company partly owned by Graham Daws of Emanuel Exports.