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Nonviolent resistance to militarism
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Northwood Mass Blockade, 10/01/01
Watford Magistrates' Court, 16th April 2002
The Joint Forces Headquaters at RAF Northwood, near Watford, has played
a central role in British involvement in "The war against terrorism".
It is also responsible for providing the targetting information for
British nuclear weapons. A couple of us faced trial for criminal damage
after allegedly cutting the perimeter fence at the base in order to
carry out a citizens inspection of the base during the nonviolent
direct action on December 10th 2001.
The two of us on trial had prepared our own defences, relying on
arguments that tasks undertaken at Northwood violate Human Rights, as
well as being crimes against humanity. We were also well supported in
the court by other peace and anti-nuclear activists, many of whom had
been on the action in December. It is particularly nice to see the
organisers of the action following it up with legal support, and not
just leaving us to fend for ourselves once the adrenaline of the action
has faded.
In contrast, and despite having access to much greater resources, the
prosecution didn't seem very well prepared. They had only taken a
statement from one witness who could give evidence that the two of us
had cut the fence of the base, a Royal Marine. This soldier had also
taken a video of us (possibly) cutting the fence, and then climbing
through the fence. The other witnesses were Ministry of Defence
policemen and women who had seen us inside the base, with boltcutters.
However, it became clear before the start of the trial that this
particular Marine had not even been warned to attend court. He was, in
fact, on his way to blow up caves in Afghanistan.
Once the Crown Prosecution Service lawyer found this out he asked the
magistrates for an adjournment (possibly of some weeks or months), in
order for Green to return, and to take statements from other witnesses.
We opposed this application, realising that without the Marine the
evidence would be entirely circumstantial, and that we would probably
get off.
Using a range of arguments- that the prosecution should have known in
advance that the witness was not available, that we had spent a lot of
time and money to attend court, and that the witness probably would not
be able to attend court anyway after returning from a war in which
would allege that war crimes were being committed- we managed to
convince the magistrates that the case should go ahead.
The magistrates agreed with us, and ruled that the trial should proceed.
After a long, and anxious, discussion between the policeman in charge
of the case and the CPS lawyer to work out what evidence remained (no
good witnesses, no video as Green had taken it, no chance to get a
second Marine who had turned up at court to give evidence) the CPS
asked the magistrates to dismiss the case "for lack of prosecution".
They agreed.
We were granted travel costs, and told that we were free to go- for the
time being at least.
The CPS clearly felt that the case was only dismissed as they couldn't
have the adjournment. As such, they have said that they will seek leave
to take the magistrates' decision to Judicial Review. If they get leave
it could be several months before the High Court can hear the case. If
the CPS is successful, the case will return to Watford to be heard
again, with some new evidence.
Just as we were about to leave the court the policeman in charge of the
case informed us that we would be arrested again on the same charges.
He is allowed to do this, as we have not be prosecuted. If the trial
had begun, and been dismissed for lack of evidence, then we could not
have been tried again in this way.
For those of us with experience of doing much greater amounts of
criminal damage and not being prosecuted, it is a little surprising
that the police and CPS are pursuing this case so hard. Particularly as
it risks bringing the role of Northwood to much greater public
attention. Are they just determined that we are punished for an
obviusly criminal act? Is it because they fear a fence-trashing free-
for-all at the base if they let us off? Do they really have nothing
better to do?
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