Tony Blair's attempt to conceal the legal advice he received on the Iraq war suffered a blow today as Greenpeace revealed it is seeking a witness summons against the Attorney-General.
Fourteen Greenpeace volunteers face criminal charges relating to their occupation of tanks at Southampton's Marchwood military base in the run-up to war. Throughout their case the defendants have argued that the war was illegal and that their actions were necessary to prevent loss of life. An account of the Government's full legal advice is therefore central to the defence the volunteers plan to present. Greenpeace has been asking for the full advice for nearly a year.
In a newspaper interview given in the build-up to war Lord Goldsmith declared: "I don't just give advice to Government behind closed doors. I'm prepared to stand up and defend that advice in the courts." (Daily Telegraph, 24/10/02).
This week Greenpeace called on him to honour that pledge when its lawyers wrote to the Attorney-General asking him to appear at the trial of the Marchwood Fourteen, due to start on Tuesday 9th March. He has written back refusing, but the trial judge does have the power to force his attendance if the defence team demands it. Greenpeace is also placing an open letter in national, local and legal publications asking Lord Goldsmith to give evidence at the trial.
Greenpeace Executive Director Stephen Tindale said:
"Lord Goldsmith said he'd defend his advice in court. Well here's his chance. Greenpeace has got fourteen people facing possible prison sentences and the Attorney-General's evidence is crucial to the case. We asked him politely, but now we'll push for a summons."
Speculation suggests that the advice Lord Goldsmith gave to Tony Blair changed in the days before the March 20th invasion. Greenpeace lawyers want to know if his advice in February, when the Marchwood occupation took place, was different from his final advice.
Stephen Tindale added: "We've heard a lot of nonsense about sacred Whitehall conventions. Well Tony Blair broke the convention when he published a summary of the advice to win a vote in parliament. He can't shift the goalposts now. There's too much at stake, not least the right to a fair trial."
For more information contact Greenpeace on 020 7865 8255.
