Greenpeace activist boards the Magdelana Green to prevent it from leaving for the Gulf
Court report: Day 4
Why is it necessary to pursue our activists to the point of criminal conviction? That was the question asked (rhetorically) of Southampton Magistrates Court on Friday when lawyers representing the Marchwood 14 summed up their case.
"One does not use a sledgehammer to crack a nut," barrister Ravinda Singh said. He argued that, considering the Crown did not proceed with the case against Katherine Gun, there was no need for it to go ahead with prosecuting the Marchwood 14.
The activists attached themselves to tanks inside the Marchwood Military Port, and to the facility's front gates, on February 4th, 2003 - when the UK government was preparing to follow the US into war.
The following day (February 5th) an injunction was granted, preventing all 14 individuals from entering Marchwood again. Executive director Stephen Tindale confirmed that Greenpeace does not break injunctions. The organisation takes responsibility for its actions, and our volunteers do not hide their identities.
"So again I ask, why is it necessary to pursue our activists to the point of criminal conviction?" Singh said. Any reasonable person would have trouble comprehending "what the State was doing on behalf of the public in prosecuting this case".
Singh reminded the court that when an injunction was sought against the Rainbow Warrior, the High Court declined to remove the ship from the harbour in Southampton, because "a fair balance had to be struck" that allowed for peaceful protest and freedom of expression.
In their defence, the Marchwood 14 have argued that on February 4th last year, it was "necessary" for them to take action to stop the war. Singh told the court that this view was understandable, given the aggressive statements made by the UK and US governments at the time. He said the defendants felt compelled to act, and "the actions they took were reasonable and responsible".
The defendants also believed the activity they disrupted at Marchwood - the loading of military equipment - was unlawful. If the defendants can't run this defence, then that interferes with their right to a fair trial, Singh said.
District judge John Woollard will hand down his ruling on Tuesday.
