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GM activists not guilty

L | 10.03.2003 15:32 | Bio-technology

GM activists get let off again.

Pink Castle Victory:
Littlemoor Four Acquitted at Sherborne Magistrates Court, 3.45 PM, March 7th.

The magistrate accepted the defence of all four defendants in that they were acting reasonably to prevent damage to property. In this case, as defined in law, this is all property which is owned. EG - Bee Hives, Maize Crops,
Fields, wild animals not included. He also said that they acted reasonably by locking themselves onto tractors because there were so many tractors and simply standing in front of them would not have prevented the crop being
sown. The defendants gave seriously impressive evidence and absolutely demonstrated their commitment to campaigning, NVDA and their breadth of knowledge on GE. It was a complex summing up and this is just a flavour and
hey, my mind was wandering into excited relief at the time. It was amazing.

The offence related to a maize FSE in Weymouth adjacent to Teddy Bear Woods and the Littlemoor Estate. The defendants and companions built a [fantastic] Pink Castle and staged an occupation of the field. They were 100% successful in preventing any maize seeds germinating on this site!!!!!!! They were arrested under the charge of Aggravated Trespass and their solicitor has said the acquittal is a landmark legal victory and the first time this defence has been successful - one for the history books then?

L
- Homepage: http://www.sayhi.to/thecastle

Comments

Hide the following 3 comments

Norwich

11.03.2003 00:24

Is this not the same successful defence that was used in the NORWICH case?

David Broatch, Aotearoa


Re: Norwich

11.03.2003 14:52

which Norwich case?

The Greenpeace one? They were accused of criminal damage and theft, and acquitted by a jury claiming legal excuse (before Melchett went on to fuck us over for Burston-Marsteller). For a magistrate to acquit is very different from a jury.

ardvark


RE the norwich case again

11.03.2003 16:07

The case differed from the previous one in Norwich in that the Greenpeace case was for criminal damage and the Pink Castle case was for aggrevated tresspass. If you are charged with criminal damage you automatically have recourse to a 'public interest' defence that is built into the charge, basically you are charged with 'criminal damage without lawful excuse'. This is what various people including Greenpeace, other GM campaigners and ploughshares people have used successfully.
What was significant with the Pink Castle case was that it was aggrevated tresspass and we were acquitted using the common law defence of necessity. That yes we broke a law but we did it to prevent damage to property, that damage was imminent and we used resonable force to prevent it. Lots of activists have tried to run this defence and lost, this is the first time that people have actually been acquitted using it.
Rather than this showing how wonderful and good the British court system is, I think we had a good defence but mostly we were very lucky. We weren't expecting to win and it has come as a big shock. But our real victory wasn't winning in court, the Pink Castle 100% stopped a GM farmscale trial and that was why we took action in the first place.
Hopefully other people will use this defence and win, and not have to pay fines/do time.

A Knight of the Pink Castle