
Jubilee Ploughshares Action
Trial Reports from Chelmsford Crown Court
21st to 25th May 2001
|
Background
On November 3rd 2000, Father Martin Newell and lay Catholic Worker Susan van der Hijden entered RAF Wittering, near Peterbprough. With simple household hammers and bolt cutters they disabled a nuclear convoy vehicle used to carry nuclear warheads from Aldermaston nuclear bomb factory to the Trident submarines in Faslane, Scotland.
They have been charged with criminal damage totalling £32,000 and have been held in prison these past six months. Their trial begins in Chelmsford on Monday May 21st. Their defense team is headed by Gareth Pierce - lawyer to the "Guilford 4", the present Shaler/MI5 case and the "seeds of Hope Ploughshares" acquittal.
Some of the disarmament activists coming to Chelmsford are...
Chris Cole (1993 disarmament of British Aerospace Hawk Fighter, England)
Stephen Hancock (1990 disarmament of F1-11, Upper Heyford, England)
Per Herngren (1984 disarmament of Pershing Missile launcher, USA)
Art Laffin (1989 disarmament of Trident submarine, USA)
Treena Lenthall (1998 disabling of uranium mining equipment, Australia)
Ciaron O’Reilly (1991 disarmament of B-52 Bomber, USA)
Erin Sieber (1995 disarmament of F-16, USA)
Annika Spalde (1998 disarmament of Trident submarine, England)
Day 1
At the start of the trial, Susan told the court that she was defending herself and that she would like the assistance of a Mackenzie friend. Judge Durroch readily agreed and throughout the day seemed fairly amenable. Martin has a legal team defending him consisting of Gareth Peirce and Terry McManus.
The Prosecution began the case with an opening statement which more or less summarised what had happened but nevertheless managed to insinuate that Susan and Martin were mere vandals out to seek personal publicity for themselves and their campaign. A number of police and Ministry of Defence personnel were called to testify to the disarmament. Martin’s barrister cross examined them about their knowledge of the lethality of Trident and the danger of nuclear weapon convoys. All of them claimed not to know anything at all about Trident or nuclear weapons. One witness, a Scene of Crimes officer, stated that he had not know that RAF Wittering had anything to do with Trident or nuclear weapons until this case.
Susan cross examined several of the witnesses who agreed that she and Martin did not threaten them in any way. There was strong disagreement however, about how security personnel became aware of Susan and Martin’s presence. Susan and Martin say that they had to literally knock on the police post door to alert them to their presence whilst the security officers said an alarm went off just as Susan and Martin approached the police post. There has been an internal RAF inquiry about the (lack of)security.
Shockingly, a drinks party was held in the building where the nuclear weapons convoy was being held just hours before Martin and Susan arrived. It was stated that this was a fairly routine occurrence. One of the witnesses stated that he had had three cans of larger before he secured the building. However, other personnel, no doubt anxious to save their jobs, reported that no alarms had gone off. Martin and Susan entered the building through an unlocked door.
Day 2
The prosecution case continued. One police officer who previously work at RAF Wittering for the RAF and who actually lived in the village of Wittering claimed under cross examination never to have given any thought whatsoever to the possibility of nuclear accident so near his home. Even the jury had to laugh at this. The prosecution presented several items - wrapped in large plastic evidence bags - found at the scene of disarmament, including the Tridenting It Handbook and a book about the Hibushka the survivors of the Hiroshima and Nagaski bombings. Martin’s barrister read out several passages from the Tridenting it handbook whilst Susan made the officer open the bag and uncover the book on the Hibushka. This was then passed around the jury and each member took a few minutes to look through it.
After reading each of Martin and Susan’s written statements as part of evidence from the tape recorded interviews, the Prosecution rested its case.
After lunch, Martin’s barrister gave an opening speech outlining the dangers of the convoy, Trident and nuclear weapons in general. Martin then gave his testimony form the witness stand. He spoke about his gradual awareness of the issue and how he came into contact with Trident Ploughshares 2000. He spoke about the Jubilee debt campaign and his work for the homeless and people with mental illness. He gave a detailed account of what happened on the night in question. After a fairly severe cross examination by the prosecutor who tried to say that Martin couldn’t really have wanted to stop the convoy as he hadn’t tried to disarm it hard enough (?!) the trial was adjourned until tomorrow.
Day 3
In the third and possibly penultimate day of the trial of the Jubilee Ploughshares activists the judge has not allowed expert witnesses for the defence and the jury has heard a powerful witness statement from one of the defendants, Susan van der Hijden.
As a Catholic Worker her aim had been to put the Sermon on the Mount into action but increasingly she had realised that root causes, among them nuclear weapons, had to be addressed as well as their symptoms in the lives of vulnerable and disadvantaged people. She had studied the nuclear cycle in detail, from the mining of the minerals to the production of the finished weapon systems, and was fully aware of the great number of people who had died or suffered as a result. Describing the action at Wittering she told how she had used the phone in the vehicle shed after damaging the truck. First she dialled the alarm numbers by mistake and when the operator asked her if there was really an alarm she said no. She then got the internal operator to put her through to a member of her affinity group.
A supporter at Chelmsford Crown Court said: "Susan spoke with great confidence and her integrity shone through clearly. The jury now know that she came to this action after lots of prayerful consideration, as the only possible way to do what she could to disarm Trident."
Justice Alistair Darroch said that the jury did not need expert witnesses to establish the nature and effects of nuclear weapons. The jury would use its common sense on that matter. He is expected to sum up at 11.30. a.m. tomorrow after which the jury will be asked to consider their verdict.
Day 3 - Outside the Court
The solidarity scene outside the court during the Jubilee Ploughshares trial has been brilliant. Folks have gathered in support for the Jubilee Ploughshares from Chelmsford, around England, Australia, Germany, Holland, Ireland, Sweden and the United States. People from Buddhist, Roman Catholic, Anglican, Baptist, Quaker and Pagan traditions have offered prayers for the defendants and world peace. Practical solidarity and hospitality has flowed from Catholic and Anglican parishes, the Anglican Cathedral, local peace activists, a local pub and the local constabulary have been co-operative.
In one incident on Tuesday, an elderly passerby collapsed in cardiac arrest, Annika Spalde and two other nurses who were viewing our display board were able to act immediately while a local activist ran to get the police to radio medical support. The quick action had a lot to do with preserving this man’s life - he remains on a life support system. Each morning we have been remembering him in our circle, along with the dead of nuclear war preparations, deployment and use. We also call out the names of other brothers and sisters in prison for nonviolent anti-nuclear resistance - Helen Johns, Ann Lee, Helen Woodson, Fr. Carl Kabat, Phil Berrigan, Fr. Steve Kelly, Susan Crane, Mike Sprong, Mordachii Vanunu and the many Puerto Rican resisters.
We maintain an information point in the High St. with an excellent static display, banners, leaflets, conversation etc. A single file procession heads to the court at the beginning of each day where a Buddhist nun maintains a day long vigil with others.
Celebration has continued in the evenings with a cabaret on the first night, a shared meal and video evening on Tuesday and great craic in an Irish pub yesterday with local musicians and "party pieces" from Ireland, Australia, Holland, Liverpool Scousers and Cockneyville.
A closing circle yesterday heard from Mil Rai, Art Laffin, and Fr. Gerry Hughes SJ some of the expert and material witnesses gagged in the courtroom.
Day 4
The fourth day in the trial of the Jubilee Ploughshares activists at Chelmsford Crown Court has ended with the jury still considering their verdict.
Susan van der Hijden (32), from Amsterdam, and Father Martin Newell (33), from Canning Town in London, are charged on two counts of criminal damage, totalling £31000, after disarmament work on a nuclear weapon convoy truck at Wittering in November last year.
Justice Darroch did not allow the defence’s legal arguments, based on the illegality of Trident under international humanitarian law, to be put to the jury. Martin’s barrister Terry Munyard told the eight men and four women that Martin had acted out of principle - there was nothing criminal in his intentions. History was full of examples of people who had brought about essential change by doing what they knew was right and technically breaking the law, such as the Suffragettes, anti-apartheid activists and Rosa Parks, who had defied segregation laws in Alabama.
In her final speech Susan told the jury that she had no choice but to act as she did. She pointed out that there had already been a number of acquittals of Trident Ploughshares activists. It would be nice if the jury would acquit, but she was only asking them to do what was right according to their own hearts. Wishing them peace in the jury room she sat down.
In summing up Justice Darroch said there were three possible defences in such cases, the defence of necessity, the commission of a crime to prevent a greater crime and the commission of a crime to protect property. He claimed that that none of these could be applied to this particular case. The jury then had 1 hour and 50 minutes of deliberation but had not reached a verdict by the end of the session.
A verdict is expected tomorrow.
Day 4 - Outside Court
The solidarity scene outside the trial and in the public gallery remains solid with a good mix of local folks, Swedes, Aussies, Scousers, East Enders, Germans, Dutch, Buddhist, Baptist, Anglican, Pagan, Punks, Folkies, Classicals, teachers, nurses, mothers, fathers, kidz, nuns, priests et. al.
A vigil directly opposite the court with Sr. Astride of the Peace Pagoda and information display in the High St. with constant leafletting and discussion has been susutained throughout the week. International support has ranged from prayer vigils in Scotland to demonstrations outside the British Consul in Hamburg.
If Susan and Martin are sentenced to any more time (they have served a sentence equivalent to 14 months) immediate nonviolent resistance will follow by three membersof the London Catholic Worker. If they are acquitted come along to our venue of celebrations in Chelmsford.
Photographs and more information from www.geocities.com/londoncatholicworker
|