Bakkafrost will have sheriff court showdown with activist next April

Bakkafrost Scotland’s bid for an interdict (injunction) against anti-salmon farming activist Don Staniford will be decided at a hearing in Dunoon Sheriff Court next April.

Up to three days have been set aside for the hearing, in which Faroese-owned Bakkafrost will seek an interdict ordering Staniford to stay away from all of its property on land and sea.

Mowi Scotland and Scottish Sea Farms (SSF) already have interdicts banning Staniford from climbing on to the walkways of their salmon pens, but the order sought by Bakkafrost against the activist – or anyone acting on his behalf - is more wide-ranging.

Along with keeping Staniford away from its shore bases, Bakkafrost wants to prevent him from entering within the area bounded by the riser buoys and anchored barge around each marine farm. The fish farmer also wants to prevent Staniford from approaching within 15 metres of any of its fixed or anchored floats, vessels, boats or pens.

Exclusion zone

When Mowi was first granted an interdict against Staniford, it included the 15-metre exclusion zone. But because Staniford didn’t contest Mowi’s claims during the hearing that decided the interdict, the need for such a zone was never proved in court. When Staniford later made an unsuccessful appeal against Mowi’s interdict, the company’s advocate gave up the 15-metre requirement to avoid the need for a new hearing.

Bakkafrost will likely be expected to prove the need for the 15-metre zone at the hearing in Dunoon, which will be held on Tuesday, April 21 and may extend into April 22 and 23.

Court costs

At a hearing last month, Staniford was found liable for the expenses incurred by Bakkafrost at the hearing.

He already owes around £123,000 in legal costs to Mowi Scotland, but has said he can’t and won’t pay.

Staniford has been campaigning against salmon farming for around 20 years, and has been dubbed the “kayak vigilante” by supporters. His modus operandi is to kayak to a salmon pen, usually before farm technicians have started their shift or after they’ve finished, so that he can film moribund or dead fish near the surface by using a GoPro camera on the end of a long pole.

The activist, who also films dead fish in mort bins in shore bases, uses the images to make social media videos criticising the sector. He claims the bans imposed by Mowi and SSF are SLAPPs - Strategic Lawsuits Against Public Participation – preventing him revealing what he regards as the truth about fish farming.