Pregnant gene cows face death sentence

By KEVIN TAYLOR

Sixty pregnant cows with human genes may be slaughtered after a High Court ruling has thrown one of the country's best-known genetic experiments into doubt.

Scientists at Hamilton's Ruakura Research Centre have inserted a synthetic basic human protein into cattle foetuses in an experiment to improve the treatment of multiple sclerosis, an incurable neurological condition affecting coordination.

The experiment was approved by the Environmental Risk Management Authority (Erma) last July.

But in a landmark decision two judges have set aside the approval. Justices Andrew McGechan and Lowell Goddard found Erma did not follow the proper steps when it granted the application.

The cows are due to give birth next month, but Greens co-leader Jeanette Fitzsimons yesterday called for them to be killed immediately.

She said it was more humane to kill a pregnant cow than to wait until it gave birth and then kill mother and baby.

While the overturned application related to MS research, its real aim was to perfect genetic techniques so the dairy industry could make "designer milks," she said.

AgResearch chief executive Dr Keith Steele said an application for a stay of the decision would be filed in the next few days.

Unless it was granted the cows would probably be killed.

The court will be asked if AgResearch can continue its work until Erma reconsiders the application.

Dr Steele did not know how long Erma would take to reconsider the application, but noted the initial one took 18 months.

The project involved inserting a synthetic basic human protein called myelin into dairy cattle to produce a special protein in their milk.

Dr Steele said there was every indication it could have helped MS sufferers. The protein's beneficial effect was widely known, but not enough could be produced.

The termination of the experiment would write off a huge investment, and New Zealand could fall further behind the rest of the world in its ability to do leading-edge research.

Justice McGechan said the appeal was the first against an Erma decision, so was important from a legal perspective.

It was not about the rights or wrongs of genetic engineering from a moral or social standpoint.

"The embryos are currently in gestation, blissfully unaware of the problems they are generating, with births due from June 2001 onwards," he said.

The appeal was taken in the name of Featherston homoeopath Claire Bleakley and six others, including two university lecturers, a farmer and a Tainui hapu representative.

Ms Bleakley said yesterday that the court ruling showed the risks were not properly evaluated and "we've won that part."

Multiple Sclerosis Society president David Glenn said the project had a lot of potential for the country's 3500 sufferers and he was disappointed at the court's decision. Genetic engineering was one area of research that could result in a cure.

Agriculture Minister Jim Sutton attacked the Greens' attitude, saying MS was a devastating disease and it was cruel to snatch away the hope of a cure.

"This was not a willy-nilly release of genetically modified material."

Erma chief executive Dr Bas Walker said the authority would carry out the court's instructions and move as quickly as it could to reconsider the application.

Meanwhile, Dr Steele confirmed security had been beefed up at Ruakura after a firebomb attack on April 6 and recent break-in attempts.

A Herald photographer and reporter taking photographs of cows at Ruakura from a public road yesterday were accused by an AgResearch staff member of trespassing, a claim later retracted.

The newspaper was earlier denied a look at the pregnant cows, for unspecified "security reasons."

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