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.
e-mail:
Homepage:
