Whistle-blower case has 'huge implications' for Greenpeace protesters
Tony Blair faces further embarrassment in less than a fortnight, when fourteen Greenpeace volunteers appear in court on charges relating to an anti-war protest. Their case has taken on great significance since the Crown Prosection Service (CPS) claimed the case against Katherine Gun was dropped because they could not "disprove the defence of necessity" -- that is to say, they could not counter the defence that her actions were justified to save lives.
The so-called Marchwood Fourteen occupied tanks at the Southampton military port in February last year. Throughout their case the defendants - all Greenpeace volunteers - have argued that their actions were necessary to prevent loss of life. With the CPS now saying they could not have disproved such a defence in the Gun case, Greenpeace lawyers wonder how the CPS will proceed against the fourteen.
In a further development Greenpeace has today written to the CPS asking it for the Attorney-General's full advice to government on the legality of the war. Lawyers for the group claim access to the full advice is vital if the defendants are to be allowed a proper defence. Greenpeace has given the CPS 24 hours to produce the full advice, otherwise the group will renew its request for the advice in court on the first day of the trial, set for March 9th.
Greenpeace legal adviser Kate Harrison said, "The protesters thought the war was illegal. We think it is essential for a fair trial that they see the full Attorney General's legal advice and the basis on which it was made."
"Since the Katharine Gun trial it would appear that the Attorney General probably thought at the time of the protest that the war would be unlawful and that the Foreign Office and other advisors thought so too."
The case against the fourteen will be held at Southampton Magistrate's court from March 9th.
Latest developments
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 yet to reply, 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.
Further information
Read the Marchwood 14 media briefing
Greenpeace opposed the war in Iraq and campaigned actively to prevent it. We made submissions to the Foreign Affairs Select Committee on the illegality of the war, see www.the-hutton-inquiry.org.uk/content/fac/fac_3_0219to0222.pdf
For more information contact the Greenpeace press office on 020 7865 8255 or 07801 212967 or 07801 212968
