10th
February 2006
BOMB BUILDERS DROP INJUNCTION
Brighton arms manufacturer EDO
MBM have dropped their claim to a blanket anti-protestor injunction
under the Protection from Harassment Act, in an out of court settlement
on Friday 3rd February. The decision is expected to be finalised
in the High Court on Monday 13th. This means that the controversial
high court interim injunction restricting the right to protest
outside the factory will no longer apply. EDO MBM have also agreed
to pay the costs of those defendants who have settled, estimated
at £200 000.
The future of the injunction
proceedings against named protesters will be decided on Monday
13th - 15th February at the Royal Courts of Justice when EDO’s
lawyer Timothy Lawson Cruttenden will face allegations of professional
misconduct for illegally obtaining evidence and disobeying a court
order to reveal correspondence between himself, EDO MBM and the
police.
Since March 2005 when EDO MBM
began proceedings under the Protection from Harassment Act, there
have been over thirty arrests outside the factory. Two people,
Jaya Nyanajoti and Paul Robinson were imprisoned for alleged breaches
of the injunction.
Since the beginning of the case
the defendants have maintained that the use of the PHA Act against
anyone who protested was an unacceptable attack on civil liberties.
In December the defendants applied for the injunction to be struck
out on these grounds and the Judge Walker had adjourned to consider
the matter.
EDO MBM were obviously not optimistic
about their chances as they opted for a settlement meaning that
only three defendants, Lorna Marcham, Chris Osmond and Ceri Gibbons
are still bound by the injunction, these defendants will deny
that they are guilty of harassment and insist that the case against
them should proceed to a full trial.
The weakness of EDO MBM's case
was highlighted on February 7th as three protesters including
Ms Marcham were acquitted of holding an illegal assembly outside
the factory on the anniversary of the war last year. Charges were
dropped as soon as the judge ordered that a Public Immunity Interest
certificate be removed.
Spokesman for SMASH EDO Andrew
Beckett said “The collapse of the injunction exposes how
misguided the attempt by EDO MBM and Sussex Police to stifle legitimate
protest has been. We have had to put up with arrests and continual
police harassment and maintained our presence outside the factory.
This is a major victory for civil rights and the peace movement
– We will be here until EDO isn't”
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
Regular protestors will be accompanied
by Maya Evans of Downing St fame outside the factory on Home Farm
Rd. We will be reading out some of the names of those who died
in the illegal attack on Iraq and reminding 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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