day 1

bread not bombs / english / trial / first trial / day 1

The prosecuting barrister told the jury of seven women and five men that legal defences for committing criminal damage do exist - but none of them applied in this case. Damage could be caused with authority, as when police break down a door to enter a property; or in order to protect other property - but only if there was a genuine belief that the damage was necessary to protect the other property, that the action done was to protect the other property; there must also be a need for immediate protection, not just in the future; and the action must be "reasonable in all circumstances". This defence did not apply, said Miss Nicholls, because: ? there was no immediate threat or danger to other property ? the action was not done to protect other property, but simply to promote a political view ? the action was not reasonable - there were other things that could have been done by the defendants. Security officers saw the two women, Spalde and Sternfeldt, about 4am on Sunday September 13, 1998 inside the Devonshire Dock Hall and detained them until police arrested them. Security officers and police then found Vinthagen, who said to them: "I am a peace protester, I will come quietly, this is my equipment."

All three were searched, and police found documents and books, including a "Tridenting It" handbook and a "Speed The Plough" newsletter. The documents accused all those involved in the manufacture of nuclear weapons of "criminal obedience", and explained the reason for the protest. When interviewed, all three said they were members of Bread Not Bombs, disarming for global justice.

The protesters did not try to run away, security inspector Kenneth Halshaw told Annike Spalde's defence barrister Vera Baird during cross-examination. "They very politely said 'Hello'." The submarine was to be named "Vengeance", and would be equipped with American nuclear missiles, Mr Halshaw told the Recorder of Preston, Judge Peter Openshaw.

Ann-Britt Sternfeldt, defending herself, asked Mr Halshaw if anti-nuclear demonstrations at Barrow had influenced him. "I have a point of view," he replied, "but that does not affect my work, I have a job to do."

When asked whether such demonstrators had something important to say, he answered: "Perhaps they do have something important to say." Under cross-examination from Stellan Vinthagen, who is also defending himself, Mr Halshaw said he was not aware that each of the missiles to be fitted to the submarine is eight times stronger than the Hiroshima bomb that killed 80,000 people.

When security officer Colin Bushell was asked if he was aware how dangerous the Trident submarine is, he said: "Not in a shipyard." He had never been given information about his obligations under international law, he said. He did not know that people had been put on trial for following orders leading to war crimes, he replied under cross-examination by Sternfeldt. Asked whether he had the right to refuse to do any of his work because of his conscience, he said: "If I was to refuse to do my work I would lose my job." He had not been given information that these weapons could be used to kill millions of people or even bring the end of humanity.

Vinthagen asked another security officer, Roy Davis, if he had received information from his superiors about international law on obeying orders that lead to war crimes. "No," he replied, "that's not our level. We have a job to do and we just do it, no questions asked."

PC Michelle Jackson from Barrow police station said that Spalde was carrying a Bible, bread, six plastic mugs and a flask of hot tea. Sternfeldt told the court: "The chocolate and tea was 'fair trade', we were supposed to invite them to share it with us, but we didn't have any time."

Another police officer, PC Mark Rawlinson, said that the police had not investigated allegations of "criminal obedience" and other criminal activity made in a statement left in the dockyard by Vinthagen before he was caught.

Under cross-examination, PC Catherine Lilley said that it was the first time she had arrested someone carrying books and papers explaining that they were trying to prevent a crime.

The hammers used by the three protesters had slogans written on them, including "All life is sacred," "Violence ends where love begins" and "For global justice", the court heard.

The trial continues.

Ends


Contact: Andrew Hobbs
Tel: 01772 721466 or 0403 615894

----------------------------------
Andrew Hobbs (NUJ)
8 Hampton Street
Preston
Lancashire
PR2 2JL
UK

01772 721466