Greenpeace lost its case against the growing of genetically engineered papaya yesterday, with the Central Administrative Court finding the Department of Agriculture (DOA) not guilty of negligence in its management of field trials. It was the first trial in Thailand involving genetically modified organisms (GMOs).

In 2006, Greenpeace sued the DOA, accusing it of negligence in field trials of GM papayas that resulted in large-scale contamination of neighbouring papaya farms.

The lawsuit was based on Greenpeace's finding in 2004 that the DOA's experimental GM papaya plantation in Khon Kaen, situated on land surrounded by a barbed-wire fence, had contaminated other papaya plantations.

The papaya strain is genetically engineered to make it resistant to ringspot virus, which causes damage to papaya crops in Thailand.

In 2003 the department distributed trees and seeds of the GM papaya variety to 2,669 farmers in 37 provinces.

A series of tests conducted separately by Greenpeace and the National Human Rights Commission revealed GM papaya contaminated fields as far as the provinces of Rayong, Kamphaeng Phet, Kalasin, Chaiyaphum, Maha Sarakham and Ubon Ratchathani.

The group asked the court to revoke the department's permission to conduct closed- and open-field trials of GM papaya crops and to order a reexamination of the fields of farmers receiving the GM seeds.

The court found the DOA and its chief not guilty of issuing unlawful orders and not guilty of negligence causing serious genetic contamination of native papaya varieties, as claimed by the plaintiff.

The court ruled that the department followed the necessary legal steps to prevent contamination, including stopping distributing GM papaya seeds and destroying all papaya trees in affected plantations.

Inspections of major fruit markets and fruit orchards found no GM papaya on sale. There was no evidence to prove any contamination actually happened, the court said.

The court dismissed the case and gave Greenpeace 30 days to appeal to the Supreme Administrative Court.

Greenpeace filed an appeal immediately after the court verdict.

''We strongly believe that the DOA is guilty of negligence for causing serious GMO contamination of the Thai papaya species,'' said Natwipha Ewasakul, a Greenpeace campaigner.

''The DOA's acquittal despite its failure to submit comprehensive data on the steps taken to contain GMO contamination, from field trials five years ago, clearly indicated the general lack of access of government authorities to information about both experimental and commercially available genetically engineered crops.''

Department of Agriculture chief Metanee Sukontarug was confident the appeal would fail.

The department would continue its GM research and development, but only in a laboratory as required by cabinet's resolution. ''Any field trials must be discussed with the local community, a public hearing must be held, and a proposal then put to cabinet.''