8th
February 2006
CIA 3 CASE DISMISSED AFTER JUDGE ORDERS HANDOVER
OF SECRET DOCUMENTS
A criminal prosecution against
peace protesters was dramatically dropped yesterday because the
Crown Prosecution Sevice did not want to to disclose secret information
that a Judge had ordered would assist the defence and they should
see.
Three anti-arms trade activists
were on trial in Brighton Magistrates Court for refusing to disperse
under a Section 14 order at a Weapons Inspection at Brighton bomb-makers
EDO MBM last year on March 21st.
The theatrical protest took place
on the second anniversary of the invasion of Iraq on March 21st
2004. An expert witness was to be Mark Thomas, political activist/comedian/writer
who was to testify on the great tradition of theatrical protest
for the defence case.
The trial was delayed Monday
over legal arguments about disclosure of 'sensitive police material'
that the protesters said would assit their case. The CPS had not
been carrying out their duty to disclose police information in
the case since the arrests in March 2004, the defence team argued.
After lenghthy ex parte discussion
between the CPS and District Judge Cooper, the Judge finally ordered
that information about the police operation-codenamed 'Kirk'-
of 21st March 2005 be made public as it might assist the defence
argument of police collusion with the arms company EDO in trying
to supress protests at the factory.
Tne Crown had argued that the
documents should be protected from disclosure under Public Interest
Immunity (PII) rules, which are used protect security of police
informers and undercover officers as well as police operational
tactics. But Judge Cooper ruled in favour of disclosing the documents.
At which point the CPS prosecuter stood up and announced the case
would be dismissed against all three protesters. This
stopped the public disclosure of the documents go ahead.
Smash Edo spokesperson Andrew
Beckett said 'What information could be so controversial that
a case that has dragged on for nearly a year should be dropped
as soon as it might be made public. What are the police trying
to hide about their relationship with the police?'
In paralel civil injunction proceedings
brought by bomb makers EDO in the High Court, protesters have
argued that the injunction action is the result of collusion between
Sussex Police and EDO to stop protests at the factory.
A key witness in the Civil proceedings
is Chief Inspector Kerry Cox, who worked closely with EDO last
year to support the High Court application for an interim injunction
against protesters. It emerged this week that CO Cox had been
the commanding officer in Operation Kirk.
The latest criminal case dismissal
means that now five cases that were being relied on by EDO's lawyers
to justify allegations of harassment against their employees have
now been won by protesters-seriously damaging even further the
arms company's case for a permanent injunction against protesters.
In addition EDO's lawyer solicitor-advocate
Tim-Lawson Cruttenden faces serious allegations of misconduct,
and professional negligence that he has been ordered to employ
a barrister to defend himself against next week in the High Court
resumed hearing of the the Civil injunction case.
The defendants have applied to
have the case struck out on grounds of abuse of process. EDO are
desperately trying to settle the case with the defendants before
the hearing next week.
UPCOMING EVENTS
EDO HIGH COURT INJUNCTION
HEARING
Royal Courts of Justice, The Strand, London. 10:am.
Monday 13th Feb-15th Feb 2006
DEMONSTRATION
EDO MBM, Home Farm Road, Brighton.
14th February
Naming the Dead
We will be up at EDO MBM naming some of the dead from
the illegal attack on Iraq - bring bells to toll for
each lost life as we remind EDO that such killings
would be impossible without all the people 'just doing
their jobs' that make it possible for the person
pulling the trigger to do theirs.
Notes for Journalists
Brighton & Hove
is a UN Peace Messenger City
The injunction referred to was served under the
1997 Protection from Harassment Act (originally designed to protect
women from stalkers) and is the first of its kind directed at
activists outside of the animal rights movement. Crucially it
is a civil injunction but carries criminal penalties. It affects
anyone deemed to be a protestor. Initially EDO/MBM requested a
large "exclusion zone" comprising the whole of Home
Farm Industrial Estate.
They and Sussex police also wanted
to limit demonstrations to two and a half hours, with less thanten
people who had to be silent. Judge Gross refusedto impose these
conditions at the initial hearing of an interim injunction, which
was put in place in the period before the full trial to be heard
at the High court in London from November 21st. In his summing
up he said, "The right to freedom of _expression is jealously
guarded in English law" and consequently refused to impose
the requested limits on size, timing or noise made at demonstrations.
He also said that he doubted that protesters were 'stalking' employees
of EDO MBM.
EDO MBM Technologies Ltd are the sole UK subsidiary
of huge U.S arms conglomerate EDO Corp, which was recently named
No. 10 in the Forbes list of 100 fastest growing companies. They
supply bomb release mechanisms to the US and UK armed forces amongstothers.
They supply crucial components for Raytheon's Paveway guided bomb
system, widely used in the "Shock and Awe" campaign
in Iraq.
EDO also withdrew a threatened libel action against Indymedia
over being named as "warmongers".
Lawson-Cruttenden & Co
Solicitors firm working for EDO have been instrumental in developing
the Protection of Harassment Act 1997 from a measure designed
to safeguard individuals to a corporate charter to make inconvenient
protest illegal. Theyhave pioneered to use of injunctions to create
large "exclusion zones". They have secured numerous
injunctions against anti-vivisection and anti-GM protestors.
Campaign against EDO MBM
People involved in the anti-EDO campaign include, but are not
limited to: local residents, the Brighton Quakers, peace activists,
anti-capitalists, Palestine Solidarity groups, human rights groups,
trade unionists, academics and students. The campaign started
in August 2004 with a peace camp. It's avowed aim is to expose
EDO MBM and their complicity in war crimes and to remove them
from Brighton.
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