IRAQ WAR ON TRIAL - FAIRFORD FIVE TO APPEAL

south west | peace | press release Sunday November 04, 2007 19:04 by aunty war

IRAQ WAR ON TRIAL - FAIRFORD FIVE TO APPEAL

IRAQ WAR ON TRIAL - FAIRFORD FIVE TO APPEAL

Press Release

For immediate use

Friday, April 30th, 2004


A five-day hearing in the case of activists charged with conspiracy and damage
to military equipment at Fairford Air Base before the war on Iraq ended today
at Bristol Crown Court. The main question before the hearing was whether the
matter of the legality of the war could be examined by the UK courts, as part of
the defence in a criminal trial.

Three groups of defendants - Paul Milling and Margaret Jones, Philip Pritchard
and Toby Olditch, and Josh Richards, all say they have "lawful excuse" for
their actions, because the war on Iraq was itself a crime. For the defence, Vaughan
Lowe, Tony Jennings QC, Hugo Charlton and James Lewis QC have argued that their
clients believed they were acting to prevent destruction and death in an
illegal war.

Mr. Justice Grigson stated yesterday, "The hearing must proceed on the basis I
will rule that the legality of the war is simply not justiciable in these
courts." In this provisional ruling, the judge accepted the prosecution's case that
British government foreign and military policy cannot be examined as part of a
defence in English courts.

Speaking on behalf of Jones, Milling and Richards, Mr. James Lewis QC argued
that the judge's ruling makes it impossible for his clients to have fair trials.

Lawyers for Pritchard and Olditch are also expected to appeal.

The judge's full written opinion is likely to be given within the next three
weeks, with a "fast-track" appeal by the defence following immediately.

On the first day of the Bristol hearing, the judge agreed to allow unrestricted
reporting of the Fairford Five cases by the press, as this is in accord with
all five defendants' wishes, and deemed unlikely to prejudice the conduct of the
trials.

Milling and Jones said, when they were bailed after a week on remand last
Spring, "We have nothing to be ashamed of. The criminals are in Whitehall and the
White House."


More information: Louise James, solicitor, Stokoe Partnership:
07714-851-043 / (020 8) 558 884

Margaret Jones (defendant) (0117) 94 66 885