From: The West Australian, Tuesday 08 Apr 97, page 11 -- ARK LECTURER'S CLAIMS `FALSE' SYDNEY CLAIMS by a college lecturer that he found part of a deer's antler, petrified dung and animal hair in what Creationists believe is the remains of Noah's Ark were misleading and deceptive, the Federal Court was told yesterday. Dr Allen Roberts, a pastoral elder and former teacher, lied about his involvement in expeditions to the alleged site of the ark, at Mt Ararat in eastern Turkey, according to a university professr and a marine salvage expert. The two men are suing Dr Roberts fro damages, alleging he deceived members of the public who paid to hear his lectures about the site and bought copies of his talks on audio and video cassette. Professor Ian Plimer, a professor of geology at Melbourne University, and David Fasold, a former merchant marine and salvage expert, are to seek an order preventing Dr Roberts from continuing to make the representation. Mr Fasold has also accoused Dr Roberts of breaching the Copyright Act by publishing one of his drawings of the Mt Ararat site in brochures sold at Dr Roberts' lectures. Stephen Walmsley, for Professor Plimer and Mr Fasold, said the case was not being used to debate the theories of creationists and evolutionists. "This is not a case about whether or not (Dr Roberts) found Noah's Ark, nor is it an examination of whether or not the Genesis account of creation is correct," Mr Walmsley said. He said it was simply dealing with a copyright infringement and false claims in lectures given to paying audiences, thereby breaching the Trade Practices Act. Mr Walmsley told the court Mr Fasold embarked on numerous expeditions to the site of an unusual rock formation in the shape of a boat during the 1980s. The court was told the length of the formation, which was brought to the surface by an earthquake in the 1940s, was the same as the dimensions God instructed Noah to use to build the ark, according to the book of Genesis. After his expeditions and scientific studies of the formation, Mr Fasold published several works containing his sketch of the site. His book, titled "The Ark of Noah", was published in the US in 1988, and was bought in a Texas bookstore by one of Mr Fasold's relatives two years later. Mr Walmsley said the relative later gave the book to Dr Roberts, who appeared to become very excited and embarked on his own expeditions to the site. After his second trip in 1991, during which he was kidnapped by separatists and held captive, Dr Roberts went on a nationwide lecture tour and allegedly produced a brochure containing Mr Fasold's drawing of the site. Mr Walmsley said that during Dr Roberts' lectures -- a video of which was played to the court -- he made false claims about his involvement in scientific research. The hearing continues. ----------------------- On page 15, in Andre Malan's column, he describes Plimer's current legal actions to date: ----------------------- COURTS RULE TRIAL BY BELIEF THE ISSUES: Andre Malan ----------------------- WE ASK too much of our courts. Last week, a Melbourne judge had to decide whether Carlton umpire-shover Greg Williams should be allowed back onto the football field; yesterday, the Federal Court in Sydney was asked to rule on whether God created Earth [**/see note]. These are both big questions designed to stir the passions of rival supporters, and both would probably be best left to other jurisdictions. The Sydney trial is an action under a section of the Trade Practices Act dealing with misleading and deceptive conduct against a Canberra-based religious organisation called Arksearch, which claims to have located the remains of Noah's Ark in Turkey. On one side is Professor Ian Plimer, head of the School of Earth Sciences at Melbourne University and the bete noire of Australia's creationists, and on the other side "arkeologist" Dr Allen Roberts. Professor Plimer claims that Dr Roberts has breached the Act by claiming in commercially-available books, videos and brochures that: the Earth is only 6000 years old, not 4.5 billion as most scientists believe; that a great flood 4000 years ago triggered global mass-extinctions; and that the species which survived the flood did so in the ark. Professor Plimer has been joined in the action by a former creationist, David Fasold, who alleges that Arksearch breached copyright laws by using material from his book, "The Ark of Noah", without permission. The case has already been likened to the famous "Monkey Trial" of the 1920s in which a US high school teacher, John Thomas Scopes, was tried and convited for teaching Charles Darwin's theory of evolution. That result caused so much public disquiet that Scopes' home state, Tennessee, was forced to relax its opposition to the teaching of evolution. The Sydney case is the latest in Professor Plimer's 12-year crusade -- some would say obsession -- against creationists, which has already cost him $400,000 in legal fees and forced him to sell his house to cover costs. [Rest of story about current Australian educational standards deleted.] [** Note, Malan is in error, the ruling is *not on this*] ------------------------------- ------------------------------- WITNESS TELLS HOW ARK FAITH SANK SYDNEY ------------------------------- A MARINE salvage expert who was once obsessed with the idea that he had located Noah's Ark and held a nine-year belief in the structure's authenticity now regards it as "absolute BS", a court was told yesterday. David Fasold, who dedicated years of research to the site in eastern Turkey where he believed the remains of the ark lay, said he developed doubts about his long-held theory in 1995. Mr Fasold and Melbourne University's Professor Ian Plimer are suing college lecturer Dr Allen Roberts for allegedly lying in lectures about his own examinations of the structure. Mr Fasold admitted to the Federal Court he was thrilled when he first arrived at the site at Mt Ararat in 1985. "At the time I believed it was Noah's Ark," he said. Mr Fasold, from Oregon in the US, said he made numerous expeditions to the site between 1985 and 1994. But under cross-examination by Dr Roberts' counsel, Alex Radojev, he admitted he no longer believed in the ark and agreed he had told the press he considered it to be "absolute BS". Asked what he meant by the letters BS, Mr Fasold replied: "boat-shaped". Mr Radojev: When you went to Turkey in 1994, as far as you were concerned, this structure wasn't BS then, was it?" Mr Fasold: No. Mr Radojev: It was the truth, wasn't it? Mr Fasold: Yes. Mr Radojev: You believed it for nine years... and you put a lot of your own money into it. Mr Fasold: Yes. Mr Fasold denied his belief changed after he met Professor Plimer -- a geologist and strong critic of the theory of creation. The two claim Dr Roberts made numerous false assertions about his examinations of the site, including a claim that he had found part of a deer's antler, petrified dung and animal hair inside the structure. The allege he deceived members of the public who paid to hear his lectures about the site and bought copies of his talks on audio and video cassette. Mr Fasold and Professor Plimer are seeking an order preventing Dr Roberts from continuing to make the representations. During questioning yesterday, Mr Fasold agreed he went to Turkey with Professor Plimer in 1994 in order to "show him the site that was something special". "You became obsessed with this site and convinced, beyond a shadow of a doubt, that it was Noah's Ark?" Mr Radojev asked Mr Fasold. "Not immediately. I became convinced," Mr Fasold replied. He also agreed that in 1992, he became aware of a claim that Dr Roberts had discovered the ark and this had caused him great irritation. The hearing continues today.