Contents
Welcome
February 14th 2000 At Faslane Naval Base
The Greenock Trial
Summary of the Greenock Trial
Extracts from Sheriff Gimblett’s Ruling
World-wide Reaction to Greenock
Next Steps on the Legal Front
Important Trial – 24th Jan 2000
Aldermaston Women Trash Trident at Lancaster
Citations, Courts And Community Service
Large Numbers of Court Appearances
Activists Reports
High Summer at Coulport
Inspiration while in Faslane holding cell
What? No mud bath?
A Homecoming Prayer
Pernicious Paddling
November Camp Report
Coulport Camp November 1999
Fund Raising
How to help the campaign
Welcome
Welcome to the sixth issue of Speed the Plough! Trident Ploughshares is a campaign to disarm the UK Trident nuclear weapons system in a non-violent, open, peaceful and fully accountable manner. 145 people from 13 countries have pledged to disarm Trident in this way and our supporters’ database contains over 900 names, including many famous people and members of parliament. We act to uphold international humanitarian law and to expose the illegality of the Trident system.
February 14th 2000 At Faslane Naval Base
February 1999 will be a great chance for people from far and wide to show their delight at the Greenock verdict and their determination to back it up. Trident Ploughshares are working with other anti-nuclear weapon organisations to organise a day-long blockade of Faslane naval base on Monday 14th (beginning at 7 a.m.). That day has been chosen since experience shows that a weekday blockade is much more effective than one at the weekend. With this long notice we hope that many, many people will be able to make a special effort to be there. Our activists and supporters lists number over a thousand and if each of these were to bring along an additional five people the impact would be enormous. While we are asking for people to be ready to take part in the blockade itself, simple presence in solidarity will be of great value. There will be special arrangements for travel, accommodation and non-violence training. Details of all of that will be available soon. Contact numbers: Jane: 01436 679194; Brian: 0141 339 1482; David: 01324 880744.
PLEASE MAKE THIS EVENT A PRIORITY FOR THE YEAR!
The Greenock Trial
Summary of the Greenock Trial
On Thursday 21st October 1999 Sheriff Margaret Gimblet instructed the jury at Greenock Sheriff Court to acquit Angie Zelter, Ellen Moxley and Ulla Roder. They had been charged with causing £80,000 damage to “Maytime”, a Trident-related acoustic research barge in Loch Goil, during a Trident Ploughshares disarmament action in June this year. The jury then agreed to acquit the accused. The trial had lasted 18 days.
The three women appeared on four charges which were basically: –
- That they maliciously and wilfully damaged the vessel Maytime.
- That they attempted to steal two inflatable life-rafts.
- That they maliciously and wilfully damaged equipment on board Maytime.
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That they maliciously and wilfully damaged equipment by depositing it ’in the waters of Loch Goil, whereby said items became waterlogged, useless and inoperable’.
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Or, alternatively, that they stole equipment by throwing it in the waters of Loch Goil
Procurator Fiscal David Webster put forward a very simple Crown case. Basically he proved that the three women were on “Maytime” and that they had done all the damage mentioned in the indictment. The only witness connected with “Maytime” was Iain McPhee, the Barge Master, who knew very little about the research undertaken by his barge or its sister vessel “Newt”.
The Defence case involved five expert witnesses. Francis Boyle, Professor of International Law, University of Illinois, gave evidence that international law applies everywhere, and that, due to its destructive power, Trident could not be used in any manner that was lawful.
Judge Ulf Panzer from Germany gave evidence of the legitimacy of nonviolent action to uphold the law. He described how he had campaigned to get American Pershing missiles removed from his country culminating in a sit-down blockade of the Mutlangen base, along with 20 other judges. They had learned from the Nazi era the high cost of remaining silent when their government acted unlawfully. Professor Paul Rogers from Bradford University gave evidence on the composition and capabilities of the Trident system, the imminent danger of nuclear war and accidents and of the effectiveness of civil resistance to change official policies.
Professor Jack Boag testified about the imminent danger from nuclear weapons. Finally, Rebecca Johnston of ACRONYM, Geneva, explained the consequences of the failure of successive UK governments to fulfil its obligations to disarm under the Nuclear Non-Proliferation Treaty and how the present administration is continuing to block negotiations. She described how “Maytime” is an essential part of the Trident weapon system, and how other states perceive Britain’s deployment of Trident as a threat.
Advocates John Mayer (with solicitor Mathew Berlow) and John McLaughlin (with solicitor Stephen Fox) represented Ulla and Ellen, but Angie Zelter defended herself. They all submitted that international law applies in Scotland, that the threat or use of nuclear weapons was found to be generally contrary to international law by the International Court of Justice and the deployment of Trident is seen as a threat. In addition, John Mayer put forward a defence of necessity and John McLaughlin argued that although the women had been wilful they had not been malicious. At the end of their arguments both advocates put a submission to the sheriff that she should remove the verdict from the jury and acquit the women.
In addressing the jury Sheriff Gimblett said “I have to conclude that the three in company with others were justified in thinking that Great Britain in their use of Trident could be construed as a threat and as such is an infringement of international and customary law. I have heard nothing which would make it seem to me that the accused acted with criminal intent.”
Alan Wilkie
Extracts from Sheriff Gimblett’s Ruling
’Firstly the three accused consider Trident was being used illegally based on an understanding on what international law said and on advice given to them; if they were right that the use and threat of nuclear weapons was illegal, not just possession, then they had a right given the enormity of the risks of nuclear weapons to try and do something to stop that illegality…
I have the invidious task of deciding on international law as it relates to nuclear weapons. I am only a very junior sheriff without the wisdom or experience of those above me. I have a knowledge of the repercussions which could be far reaching. As a sheriff I took an oath to act without fear or favour in interpreting the law…
A point of international law has been raised here and I have to answer it. I take comfort from the fact that there are other higher courts which can rectify any mistake. In the absence of anything other than the ICJ and having regard to the article by Lord Murray, in particular the part relating to treaties and conventionsÂ… Lord Murray’s article concludes, “There then are the principles on which the lawfulness of the proposed use of a particular weapons are to be assessed. It is to be noted that in so far as they consist of international customary law they are part of the domestic laws of this country…
I listened carefully to Professor Boyle and have taken into account all the evidence in this case from him and the other experts and in the absence of any expert contradictory evidence from the crown, I have to conclude that the three accused in company with many others were justified in thinking that Great Britain in their use of Trident, not simply possession, the use and deployment of Trident allied with that use and deployment at times of great unrest, coupled with a first strike policy and in the absence of indication from any government official then or now that such use fell into any strict category suggested in the ICJ opinion .. the threat or use of Trident could be construed as a threat, has indeed been construed by others as a threat and as such is an infringement of international and customary law…
The three took the view that if Trident is illegal, given the horrendous nature of nuclear weapons, they had the obligation in terms of international law to do whatever little they could to stop the deployment and use of nuclear weapons in situations which could be construed as a threat. It follows, if I consider that Angie Zelter, Ulla Roder and Ellen Moxley were justified in the first leg of their defence and having given that as the principle reason the crown has a duty to rebut that defence. They have not done so and so I uphold the three defence submissions in so far as they refer to malicious and wilful damage…
If anyone else takes such action they do so at their peril. The law is not clear on nuclear arms. I may be totally wrong. If it goes to appeal I may not be upheld and every case depends on whatever circumstances. What I have said is with regard to the very special circumstances of this trial and in the light of international tension around June 8th.
World-wide Reaction to Greenock
Messages of congratulation to the “Trident Three” have poured in from across the world. Here are just three:
“This is a great gift to us (and our children’s children).” Wales
“Allhamdullillah ! We have been saying duas in Makkah for a just resolution.” Jeddah
“We think of bringing the French submarines also to trial with this precedent.” Biedert
Next Steps on the Legal Front
The Lord Advocate of Scotland has indicated that he intends to refer the Gimblett ruling to the High Court in Edinburgh “for legal clarification”, giving us another chance to demonstrate the unlawfulness of Trident in court and before the public. As we go to print no date for this has been set. In the meantime we are planning proactive moves on the legal front to press home the implications of the ruling. There are intriguing possibilities in terms of civil, criminal, environmental and international law.
Activists Reports
High Summer at Coulport
On Nagasaki day -the 6th of August; a weird coincidence- Mark, Josje, Kristel and myself went hitchhiking to Oostende, where we took the ferry to Dover. After taking train and bus we arrived in Coulport, where there were already some friends busy with building up the camp. I knew there was a warrant out for my arrest, so I made sure that I wasn’t going to be arrested. It was difficult enough trying to stay out of the blockade, but then it turned out my effort was no use anyway, because on Friday evening -while eating my dinner with Tarna- I was arrested for not paying a fine of £100.
They brought me to the police station in Clydebank, where I was kept until the hearing (of why I didn’t pay my fine) till Monday noon. The JP asked why I did not pay, and I answered that that was because of the same reasons I mentioned in my trial: the Nuremberg Principals and the Advisory opinion of the International Court of Justice. I told (after him asking me) that I had no intention whatsoever of paying.
He sentenced me to 7 days in prison, and I was brought to Cornton Vale. This was something I totally did not expect, ’cause I thought the days I had spent in Clydebank would also count, and that I was therefore after the hearing going to be released. I then spent a horrible day awaiting transport in a cell of Glasgow court and two whole days of mood changes (“it is not that long- I want to be with my friends- why can’t I see Angie, Ulla and Ellen-etc.”), meanwhile don’t having the space to be on my own, so I could not even have a relieving cry. Anyway Thursday morning I was released and went straight back to camp.
Before I was arrested Martyn (my friend from my affinity-group Atlantis) and I prepared an action, which we did -after making press photographs- on Sunday. We wanted to swim into the Faslane base and hang a banner on a Trident submarine or on the ship lift which said: “Scrap Trident nuclear system”. Well so far our plan, cause we were seen when we were only about 35 yards into the water, but we decided to go on anyway. We were caught in the spotlight of a MoD-patrol boat, just as we were swimming along the oil tanker “Bayleaf”.
We were brought to some cells inside the base and were charged with breach of the peace, because we “endangered” the policemen that had to grab us out of the water?! Anyway we were released at around 3 o’clock in the morning in white paper suits and barefoot, but we were glad to be out that soon.
Monday was the last day of the camp and the people that were still there, went to have a ceilidh at the gates of Coulport. It started out with nice music, singing and dancing, and then all of the sudden every one ran a different way in order to do some decoys. After most of us got back we heard something and 2 girls were inside the base! Then we heard another noise and Jenny was on top of the fence, inside the rolls of razor wire! She stayed there for a few hours. Meanwhile David and Emma were arrested for cutting the fence, Teapot for blowing raspberries, Fungus for trying to get into the base by crawling underneath the gate, Anne for blocking a police van, and myself for seeing how they were treating Anne. The police called it: “obstructing a police officer”, and as I did not agree with him and sat down, I was also charged with “resisting arrest”. Next morning at 6.15 we (girls) were released and around 8 o’clock the guys were.
Marjan Willemsen
Inspiration while in Faslane holding cell
August 1999 – one of several messages scratched on the wall. Writing on the wall seems to be a good way to get the attention of the protectors of the genocide machine: “Violence can’t make evil people good, but violent weapons can make good people evil.”
The symmetry might be spoiled by later editing, but perhaps would lead to a more accurate appraisal of the age of mass killing, such as: “Violence against their people never makes evil dictators good, but violent weaponry often makes good people do terribly evil things.”
Roger Franklin
What? No mud bath?
What? No mud bath? This can’t be the Trident Ploughshares camp! But, my friends, it was true – “downstairs” maintained some grass [with a couple of strategically placed pallets] and we even saw more than one day of sun – it was all a little disconcerting after last year’s events!
The great addition to this years’ camp was ELECTRICITY which meant the media caravan was fully kitted out with 3 computers, fax machine, two phone lines and even a light for the evenings. Many a jovial night was spent scratching midgie bites, sliding under the table in an attempt to escape [great skill was required for this – few attained the goal successfully, and many laughs were had as people got stuck half way under – he he!] and generally just being cosy, snuggly and WARM.
But by far the best part of the camp was the great diversity of, and within, the actions. From fence cutting to blockading, swimming across the Gareloch by moonlight holding hands to sitting in rolls of razor wire, you name it, Trident Ploughsharers tried it. And with both a male and female purple fairy at intervals during the camp, plus a two-headed Clinton/Blair monster, there was never a dull moment.
HOWEVER, yet again we discovered the enemy of the woods – the midgies! The face nets helped to a certain degree, and there was a multitude of different anti-insect creams floating around but by far the best solution was simply to go swimming: if you could handle the temperature of the water!
Tigger MacGregor
Marcus Armstrong
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Pernicious Paddling
A number of women got together to do an action in which we intended to combine arrestable and non-arrestable action; a mixture of celebration and challenge. We decided to have a kind of beach party, in daylight, on the beach at Coulport where the MoD has put a fence which runs down into the water. Some women had brought beautiful wild flowers, others had banners and percussion instruments. As it was low tide (yes, we had learned to read tide tables accurately!), those who wanted to were able to paddle around the corner of the fence in the water and enter the domain of evil – oops I mean the ’prohibited area’. However – as the sea water washed over our ankles, a strange watery goddess pulled us in by the feet, filling us with an enthusiasm for paddling. Instead of walking up to the shore as we had intended, we waded deeper and deeper along the shore, holding our banners high – ’Remember Hiroshima’ and ’Women against War’.
One dog handler bravely entered the water, only to realise that dogs are in fact quite short, and thus cannot wade very far into water to perform arrests. None of the other many MoD personnel were willing to get even a toe of their fancy boots wet, though the shortest members of our party was by now nearly up to her armpits. After a lot of discussion, and a little handing over of damp leaflets (Nuclear Weapons, the Law and You), two women waded ashore, while the third as given a ride in a police boat, much to the envy of the others. The rest of the beach party were waving and dancing. One of the MoD was heard to comment ’I’m not having them standing around like that taking the piss’ . We were not charged, however, with Taking the Piss, but with Breach of the Peace, which I suppose amounts to much the same thing. I am looking forward to a new offence of Pernicious Paddling.
Helen Harris
Citations, Courts And Community Service
Large Numbers of Court Appearances
Of the 55 people who were arrested 100 times between them at the August camp only 7 have been given a court date so far, 5 from bail hearings the following day and 2 from citations received in the post. Others have been sent letters from the PF offering a £25 fixed penalty fine! Since the campaign began in Aug 98 there have been a total of 338 arrests with 47 different people having been to court or due to appear in the months ahead.
Of the 45 cases so far, 13 were found guilty and admonished, 24 were found guilty and fined (from £20 to £300), 7 cases were dismissed or deserted before they started, and 2 were stopped part way through after a plea of ’no case to answer’ on the lack of evidence. It is encouraging to note that everytime the PF tries to wrongfoot us with trumped up charges (Ian Thomson and Krista Van Velzen for possession of a knife and Angie for dangerous driving) they have either been thrown out through lack of evidence or resulted in a not-guilty verdict.
Of the 24 fines that have been imposed. 6 have resulted in prison time of between a few hours (in the court cells) and 4 days. Some have been paid. One idea has been to collect the money from lots of friends to involve them in support for action against Trident. Rupert had his £225 fine (imposed in Nov 98) converted to 42 hours community service after it was transferred to Cromer magistrates. Certain courts are involved in a pilot scheme where they have the power to convert fines into community service, this doesn’t happen everywhere. Rupert is worked in a garden at the back of a church so it could be used by elderly people….and enjoyed it!! There have been a few warrants issued when people haven’t appeared for court. Marjan was arrested at the August camp on a warrant for not coming to her means court. She was arrested on a Friday, held all week-end, then appeared in court on Monday and given 7 days for non -payment of which she served 4. Helen was arrested 5 minutes after she arrived at the camp for not coming to court. The magistrate refused her bail and she spent a week on remand and was then released on condition that she stay in the Argyll & Bute court area. She was then arrested for painting the High Court and Scottish Parliament building in Edinburgh and the House of Commons and spent time in Holloway!!
IT IS STILL CLEAR THAT OUR APPEARANCES IN THE LOWER COURTS, THOUGH FREQUENTLY FRUSTRATING, ARE A REALLY IMPORTANT PART OF OUR STRATEGY FOR CONFRONTING THE ILLEGALITY OF TRIDENT.
Jane Tallents
Coulport Camp November 1999
We had a great time! 43 people registered and the weather was very kind to us. There were 19 arrests. Sylvia and Joan were arrested for refusing to leave the hill around Coulport, Fungus for cutting the Faslane fence, Andrew and Becque for a fence cutting expedition to Coulport.
7.10 am on Monday saw a wonderful hour long blockade of Coulport with Morag and Roz arrested in their wheelchairs with tow others attached to each chair with lock-ons. The new affinity group from Faslane peace camp, The Cormorants, were arrested for joining the blockade. After 45mins the police diverted the large tailback of traffic to the Construction gate at the top of the hill, whereupon Sylvia, Jenny and Marjan held up two busloads of workers and locked themselves to the underneath of them.
Everyone was out by late evening except ’Easy’, from the new Cormorants group. He was held for Court today (Tuesday) for an unpaid fine from a convoy action he did last time he was staying at the Peace Camp. Mathew Berlow, solicitor, asked the Magistrate to drop the fine as the law was in a confused state since the Greenock decision but he jailed Easy for 7 days after he made it quite clear that he wouldn’t pay!
There were also a number of non-arrestable actions. There was a vigil at Coulport every morning as the shift changed. On Saturday a letter was handed in for the base Commander telling him that the Navy and Civilian personnel would be leafleted by us to advise them about international law. On Sunday afternoon a group went to visit a communications tower on the hill. A sign on the fence says that interfering with it could put lives at sea at risk. We added another sign was added saying that Trident put everyone’s lives at risk!
Aldermaston Women Trash Trident at Lancaster
The trial of Rosie and Rachel from Aldermaston Women Trash Trident who have been charged with a £100,000 worth of criminal damage to a Trident submarine is to start at Lancaster Crown Court on 24th January 2000. The will be using both moral arguments and international law; as such arguments are rarely heard in front of a jury, this is an important trial. If the court acts on established international legal and humanitarian principles it will have to acquit them. Supporters will be gathering from 22nd January to highlight the case through vigils, stalls, street performance, music and NVDA. There will be workshops for both pledgers and non-pledgers to discuss appropriate direct action around the court case. Free accommodation has been provided by the local Friends Meeting House.
Scores of people from around the world have already sent the women signed paper hammers as a symbol of their support for this disarmament action. People can support by sending more hammers to the address below, or by joining in the Trash Trident Trial Events. If the women are found guilty, people will be needed to support by writing letters to them in prison
Contact Becqke at 01203 663031
Coventry Peace House, 311 Stoney-Stanton Road, Coventry, CV6 5DS.
Fund Raising
How to help the campaign
There have been many generous donations in the last two months but there is an ongoing need for campaign funds. A general increase in activity plus the costs of support at Greenock have reduced our balances to a minimum. Cheques payable to Trident Ploughshares 2000. Please send donations to: TP2000, 42-46 Bethel St., Norwich, NR2 1NR.