THE state government has conceded Mark and Helen Tyler, Willunga Hill, did not get a fair trial during their prosecution for the sale of raw milk.
During an appeal hearing in the Supreme Court on Tuesday, the Tyler's barrister Stephen McDonald said while the Crown's concession was accepted the couple should be acquitted of breaching the Food Act.
Mr McDonald's main argument centred on the contractual arrangements of the cow sharing scheme, determination of the term 'sell' and the proprietary interest the Tyler's have in the milk produced.
He also argued the prosecution had not demonstrated how old the milk was when it was seized by Biosecurity SA investigators and tested.
A judgement on the appeal has been reserved.
In May, the Tylers were found guilty of selling unpasteurised milk and breaching the Food Safety Code.
They had been operating a cow sharing scheme which allowed people to own a share in a cow and receive a proportion of milk from that cow, or from a pool of milk from all cows in the program.
Mr Tyler said they had put their best case forward and the appeal hearing had gone well.
Karina Natt
Journalist at Stock Journal.
Journalist at Stock Journal.
