Press Releases & Updates 2004

There were extraordinary scenes in Plymouth Crown Court today as the case of the Devonport 3 unfolded in a second day of hearings.

Sue Brackenbury, Matt Bury and Shirley Law were told by the judge that they did in fact not have case in law because the dropping of a nuclear bomb would not be in contravention of any international law!(?) This follows on from the defendants claims that they acted to uphold International law, which clearly states nuclear weapons to be illegal.

Indeed, Professor Nick Grief, Britain’s leading international lawyer, in a statement to the court, said that the protestors were justified because the deployment of Trident is illegal. Of course, Blair led this country to war because he himself said, weapons of mass destruction are illegal.

But despite the ruling by the highest legal body in the world, the International court of Justice, and despite the evidence from Prof. Grief, the judge directed the jury this afternoon that the campaigners had no legal right to do what they did. There was controversy when one of the defence barristers then said, that he “disagreed“ with the judge and that he wished to seek the advice of the bar council - a first for a Plymouth trial! Eventually, the judge made clear none of the evidence in relation to International law could be put to the jury because he said, it was “flawed.“

Trident Ploughshares spokesperson, Joss Garman, commented, “Today has been exciting in that the issues surrounding International Law and Trident’s illegality have been raised. However, I am shocked that this Judge can even start to think that the dropping of a nuclear bomb would not be a war crime. This not only raises issues around whether the protestors were denied a fair trial, but also, what was Blair doing in Iraq if WMD are not illegal?“

Sue Brackenbury who has served the equivalent of an eight month sentence on remand, was released this afternoon on bail to appear in court tomorrow when a verdict is expected.

The case will continue, and conclude tomorrow.

Sue Brackenbury from Faslane Peace Camp, and Matt Bury were arrested last September when they entered Devonport dockyards with disarmament equipment intent on openly, safely and accountably disarming HMS Vanguard, currently being refitted.

On failing to reach the submarine, Sue was not discouraged and returned in October last year with Plymouth Grandmother, Shirley Law, and again tried to enter Devonport. Since that action Sue has been on remand.

Today, as both the prosecution and the defence put their cases, International law was at the forefront of the debate. The activists insisted throughout, that far from breaking the law, they were in fact upholding it.

Joss Garman, a spokesperson for Trident Ploughshares, explained, “The highest legal body in the world, the International Court of Justice in the Hague clearly stated in 1996 that nuclear weapons are illegal. Indeed, in 1999, this decision was reiterated by a Scottish Court when it ruled that three Ploughshares campaigners acted to prevent a greater crime when they destroyed a Trident laboratory.”

He continued, “We very much hope that the Jury will respect that International law over rules national obligations and that not only were the protestors morally justified, but also legally because they acted out of necessity.”

The trial will continue tomorrow.

Notes:

1) The first of the actions in question was on September 22nd, and the second on October 9th.

2) All of the activists are charged with Criminal Damage and carrying articles with the intent to cause further criminal damage.

3) Trident Ploughshares is a campaign to disarm the UK Trident nuclear weapons system in a non-violent, open, peaceful and fully accountable manner. People from all around the world have pledged to disarm Trident in this way. We act to uphold international humanitarian law and to expose the illegality of the Trident system.

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