Activists 2 - EDF 0
Twiddle | 04.01.2011 17:17 | Climate Chaos | Ecology | Energy Crisis | Cambridge
Sizewell Blockade day one of a four day trial- Activist 2- EDF 0
For the second time in Lowestoft Magistrate courts- in court three, activists who blockaded Sizewell nuclear power station in Suffolk walk free.
For the second time in Lowestoft Magistrate courts- in court three, activists who blockaded Sizewell nuclear power station in Suffolk walk free.
After almost a year on bail and 7 case hearings activists from the Stop Nuclear Power Network headed to the east coast for the first day in a four day trail. On Christmas eve the activist had received a letter informing them that the prosecution intended to try and blag the judge to change the charge from section 69 of criminal justice and public order act 1994 ( Failing to leave land when asked by top banana police officer) to section 68 (Aggravated Trespass – even though it wasnt).
So a man in a pinstriped suit stood up and said – Sir – we have really messed up and have no evidence against theses thugs and would really like to charge them on another charge.
Judge said – What? Is that reasonable at this late date?
Mr Pinstripe said – Yes because it was a computer error Sir….. we always wanted to get them for section 68… and section 68 is really the same as section 69 and far better for the defendents….
Judge said – and he really did say … “Are you saying if I don’t allow the charge to be changed from section 69 to section 68 that this case falls to the ground?”
Mr Pinstripe said - “ You make it sound like I am holding a gun to your head!”
Then it was time for the defence
She said – We think the prosecution have had enough time to change the charge in the last year there has been 7 case hearings… and now its too late. Here is some case law.
and handed over Williams v DPP high court judgement and that was that.
Then Andreas- representing himself said that if the charge was changed then he would need to start with his evidence all over again looking at new witnesses etc as we would be back to square one.
Judge ‘Custody Cooper ‘ who is known for telling you that pleading guilty is the best thing to do…ruled in our favour…
Saying….
1 – the suggested change of charge was not the same misdoing
2- It is not in the interest of justice.
Mr Pinstripe looked sad……. And asked for a few minutes to chat with his legal team to decide what to do.
He left the court, we all smiled a lot- then he returned.
He now knew he had no evidence to put forward. The blockaders had never been given the order to leave the land, therefore the activists had not disobeyed that order…
So the case was dismissed.
Activists 2 – EDF 0
Court 3 in the most easterly court in the UK seems to be a lucky one, so if you ever get the urge to take action at Sizewell make sure you get court 3 for your trial.
So a man in a pinstriped suit stood up and said – Sir – we have really messed up and have no evidence against theses thugs and would really like to charge them on another charge.
Judge said – What? Is that reasonable at this late date?
Mr Pinstripe said – Yes because it was a computer error Sir….. we always wanted to get them for section 68… and section 68 is really the same as section 69 and far better for the defendents….
Judge said – and he really did say … “Are you saying if I don’t allow the charge to be changed from section 69 to section 68 that this case falls to the ground?”
Mr Pinstripe said - “ You make it sound like I am holding a gun to your head!”
Then it was time for the defence
She said – We think the prosecution have had enough time to change the charge in the last year there has been 7 case hearings… and now its too late. Here is some case law.
and handed over Williams v DPP high court judgement and that was that.
Then Andreas- representing himself said that if the charge was changed then he would need to start with his evidence all over again looking at new witnesses etc as we would be back to square one.
Judge ‘Custody Cooper ‘ who is known for telling you that pleading guilty is the best thing to do…ruled in our favour…
Saying….
1 – the suggested change of charge was not the same misdoing
2- It is not in the interest of justice.
Mr Pinstripe looked sad……. And asked for a few minutes to chat with his legal team to decide what to do.
He left the court, we all smiled a lot- then he returned.
He now knew he had no evidence to put forward. The blockaders had never been given the order to leave the land, therefore the activists had not disobeyed that order…
So the case was dismissed.
Activists 2 – EDF 0
Court 3 in the most easterly court in the UK seems to be a lucky one, so if you ever get the urge to take action at Sizewell make sure you get court 3 for your trial.
Twiddle
e-mail:
network@stopnuclearpoweruk.net
Homepage:
http://www.stopnuclearpoweruk.net
Additions
Anti-nuclear campaigners again walk free from court / case dismissed
05.01.2011 10:57
Report on the original action:
Local Democracy Dumped! - Sizewell nuclear plant blockaded again
http://www.indymedia.org.uk/en/2010/02/446513.html
Press Release (Tuesday 4 January 2011):
http://stopnuclearpower.blogspot.com/2011/01/anti-nuclear-campaigners-again-walk.html
Anti-nuclear campaigners again walk free from court / case dismissed
Two anti nuclear campaigners, Andreas Speck (46) from London and Ian Mills (45) from Chippenham, who appeared at Lowestoft Magistrates Court today (4 January) on charges of "failing to leave land" (S69(3)(a) CJPOA 1994) when they blockaded Sizewell nuclear power station in Suffolk on 22 February 2010 [1] walked free after the case was dismissed when the prosecution did not offer any evidence.
The action in February 2010 included several local campaigners, including two of the ‘Sizewell Blockaders’ who where found not guilty of Aggravated Trespass in 2009.
After almost a year, and seven case management hearings, the prosecution applied for an amendment to the charge from S69 (failing to leave land after an order had been given by a senior police officer) to S68 (Aggravated Trespass), because the “wrong charge” was apparently a “computer error”. However, district judge Cooper rejected the change of charge, because it was “not the same misdoing” and “not in the interest of justice”.
After a ten minute adjournment, the prosecution returned and offered no evidence on the charge, so the case was dismissed.
Andreas Speck, a member of Kick Nuclear, the London group of the Stop Nuclear Power Network [2], says: "This outcome is obviously great news for us. But in any case – even a conviction would not have deterred us from taking more nonviolent action at Sizewell or other nuclear power stations, as we did at Hinkley Point in October 2010 [3]. Given the fanaticism of the government in going for new nuclear, nonviolent direct action will be an indispensible part of the repertoire of our resistance."
“In February 2010 we blockaded Sizewell to highlight the end of a flawed government consultation on nuclear. The current government is presently re-consulting in an equally flawed way. Nevertheless, it is still important that we make our voice heard, whether they want to hear it or not. I also urge everyone to respond to the consultation by 24 January, but also to take nonviolent action”, says Ian Mills.
The defendants had been on bail for almost a year.
The trial was originally listed for 4th, 5th, 10th, and 11th January 2011.
- Andreas Speck, 07580-320627
- Mell Harrison 07760161755
Email - network [at] stopnuclearpoweruk.net
Notes:
[1] For information on the action itself, see
http://stopnuclearpower.blogspot.com/2010/02/local-democracy-dumped-sizewell-nuclear.html
[2] The Stop Nuclear Power Network is a UK-based non-hierarchical
grassroots network of groups and individuals campaigning and taking
nonviolent action against nuclear power and its expansion and supporting
sustainable alternatives. See http://stopnuclearpoweruk.net
[3] See: http://stopnuclearpower.blogspot.com/2010/10/press-release-anti-nuclear-campaigners.html
Local Democracy Dumped! - Sizewell nuclear plant blockaded again
http://www.indymedia.org.uk/en/2010/02/446513.html Press Release (Tuesday 4 January 2011):
http://stopnuclearpower.blogspot.com/2011/01/anti-nuclear-campaigners-again-walk.html Anti-nuclear campaigners again walk free from court / case dismissed
Two anti nuclear campaigners, Andreas Speck (46) from London and Ian Mills (45) from Chippenham, who appeared at Lowestoft Magistrates Court today (4 January) on charges of "failing to leave land" (S69(3)(a) CJPOA 1994) when they blockaded Sizewell nuclear power station in Suffolk on 22 February 2010 [1] walked free after the case was dismissed when the prosecution did not offer any evidence.
The action in February 2010 included several local campaigners, including two of the ‘Sizewell Blockaders’ who where found not guilty of Aggravated Trespass in 2009.
After almost a year, and seven case management hearings, the prosecution applied for an amendment to the charge from S69 (failing to leave land after an order had been given by a senior police officer) to S68 (Aggravated Trespass), because the “wrong charge” was apparently a “computer error”. However, district judge Cooper rejected the change of charge, because it was “not the same misdoing” and “not in the interest of justice”.
After a ten minute adjournment, the prosecution returned and offered no evidence on the charge, so the case was dismissed.
Andreas Speck, a member of Kick Nuclear, the London group of the Stop Nuclear Power Network [2], says: "This outcome is obviously great news for us. But in any case – even a conviction would not have deterred us from taking more nonviolent action at Sizewell or other nuclear power stations, as we did at Hinkley Point in October 2010 [3]. Given the fanaticism of the government in going for new nuclear, nonviolent direct action will be an indispensible part of the repertoire of our resistance."
“In February 2010 we blockaded Sizewell to highlight the end of a flawed government consultation on nuclear. The current government is presently re-consulting in an equally flawed way. Nevertheless, it is still important that we make our voice heard, whether they want to hear it or not. I also urge everyone to respond to the consultation by 24 January, but also to take nonviolent action”, says Ian Mills.
The defendants had been on bail for almost a year.
The trial was originally listed for 4th, 5th, 10th, and 11th January 2011.
- Andreas Speck, 07580-320627
- Mell Harrison 07760161755
Email - network [at] stopnuclearpoweruk.net
Notes:
[1] For information on the action itself, see
http://stopnuclearpower.blogspot.com/2010/02/local-democracy-dumped-sizewell-nuclear.html [2] The Stop Nuclear Power Network is a UK-based non-hierarchical
grassroots network of groups and individuals campaigning and taking
nonviolent action against nuclear power and its expansion and supporting
sustainable alternatives. See
http://stopnuclearpoweruk.net [3] See:
http://stopnuclearpower.blogspot.com/2010/10/press-release-anti-nuclear-campaigners.html
dv
Homepage:
http://stopnuclearpoweruk.net