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Smash EDO Activists Denied Legal Aid will Defend themselves in Court

Chloe | 19.05.2008 08:13 | Smash EDO | Anti-militarism | Iraq | Palestine

19/05/2008

SMASH EDO PRESS RELEASE

Press Contacts - Andrew Beckett or Chloe Marsh

tel 07875708873, email  smashedopress@yahoo.co.uk

Seven anti arms trade activists who blockaded the gates of EDO MBM, a weapons manufacturer in Home Farm Road Brighton, have been denied legal aid.

The seven, most of them students at Sussex University, are being taken to court for aggravated trespass, an imprisonable offence, and will appear at Brighton Magistrate's Court at 9.30am on Tuesday morning. They have been denied legal aid on the grounds that "they are intelligent enough to represent themselves".

Chloe Marsh, spokesperson for Smash EDO, a protest group committed to shutting down EDO MBM, said "denial of legal aid is unprecedented in cases of this seriousness and is clearly a political move to make sure these people do not have a chance of defending themselves. Activists campaigning against EDO MBM have consistently questioned the repressive measures being used against them and the legality of EDO's business. The courts want to put an end to this and so are denying these defendants legal representation."

Simon Goater, who took part in the demonstration, said "The denial of legal aid is a political move to try to intimidate us from presenting a defence. We will challenge it on the basis that we are being denied a fair trial. If the appeal is not successful then we will defend ourselves."

The four year long campaign has sparked over fifty arrests, many of which have ended in failed prosecutions or acquittals.

The seven were arrested at a demonstration on 20th March 2008, the fifth anniversary of the invasion of Iraq (See Previous Press Release -  http://www.smashedo.org.uk/pressreleases/anniversary.htm). They formed a blockade by attaching themseves to the factory gates with lock-on tubes and bicycle d-locks. They took part in the blockade to highlight EDO MBM's role in the aerial bombardment of Iraq, which killed over 100 000 people. EDO MBM manufacture electrical components for the Paveway system of guided missiles, the most used guided munition in the aerial bombardment of Iraq accordng to Human Rights Watch.

Andrew Beckett, of Smash EDO, said "The demonstrators aimed to mark the anniversary of the invasion which has only made life worse for the ordinary people of Iraq. Since the invasion over one million people have died as a result of the bombing campaign and the internal chaos that ensued. It is companys lke EDO MBM, as well as the US and UK governments, who bear the responsibility for that."

Interviews Available with the defendants on request

Notes for Journalists

The Company

EDO MBM Technologies Ltd are the sole UK subsidiary of huge U.S weapons manufacturer EDO Corp.From their base in Moulescoombe Brighton, EDO MBM manufacture vital parts for the Hellfire and Paveway weapons systems,laserguided missiles used extensively in Iraq, Lebanon, Palestine and Somalia. EDO Corp were recently acquired by ITT in multi-billion pound deal. ITT's links to fascism go back to the 1930s. The founder Sosthenes Behn was the first foreign businessman received by Hitler after his seizure of power. ITT supplied weapons to the Nazi regime throughout the Second World War and went on to arm Pinochet and Franco.

The Campaign

There has been active campaign against the presence o f EDO MBM in Brighton since the outbreak of the Iraq war.Campaigners include students, Quakers ,Palestine solidarity activists, anti-capitalists, anarchists and academics. Despite an injunction under the protection of harassment act (which failed) and over fifty arrests the campaign is still going strong. Their avowed aim is to expose EDO MBM and their complicity in war crimes and to remove them from Brighton. They hold regular weekly demos outside the Moulescoombe factory on Wednesday's between 4 and 6.

THE FILM

On the Verge is an independent film about the SMASH EDO Campaign

In 2004 a group of Brighton peace campaigners began to bang pot and pans outside their local arms manufacturers EDO MBM in disgust at their part in the Iraq war. This has grown into the Smash EDO campaign, which has cost the company millions, been the subject of large scale police operations and has tested the right to protest in the UK.Using activist, police and CCTV footage plus interviews with those involved in the campaign, 'On The Verge' tells the story of one of the most persistent and imaginative campaigns to emerge out of the UK's anti-war movement and direct action scene."





Chloe
- e-mail: SMASHEDOPRESS@YAHOO.CO.UK
- Homepage: http://www.smashedo.org.uk

Additions

legal aid

19.05.2008 12:42

The activists found out only five days ago that they were being denied legal aid by the legal aid board on the basis that it "is not in the interests of justice" for them to recieve legal representation and that because the majority are first year students they can represent themselves. The decision has been taken by the legal aid board but undoubtedly under pressure from some external force.

The group cannot afford to pay for representation and may have to defend themselves against the EDO/ITT juggernaut alone.

Court starts 9.30 tomorrow, solidarity would be appreciated.

Smashy


Comments

Hide the following 9 comments

Missing details

19.05.2008 11:38

Where and when were they refused legal aid?

Who is quoted saying that they are refused legal aid because they were intelligent enough to defend themselves?

Why does this alleged press release not appear at the press release section on the smashEDO website?

If you're going to do it, do it properly.

x


Oh well!

19.05.2008 14:34

Totally outrageous!

But, you do know you can appeal it it all the way to the European Court?

If convicted your next stage will be an appeal hearing with a judge. The English judge will likely not tolerate appellants with no legal representation.

The higher up the food chain you go, the more likely it will be that you will get legal aid.

Make sure you get full disclosure of evidence before the trial (the CPS can release it to you with witnesses addresses redacted out!)

I'd personally make a point at stating to the magistrates at the beginning of proceeding that you do not feel competent enough adequately present a defense case and that any conviction will automatically appealed to a higher court.

Best of luck.

Nicey


hey x

19.05.2008 16:50

don't get you knickers twisted

xxxx


WTD!!!!!!!!!!

19.05.2008 18:57

What the heck!

Totally and utterly unjust! if legal aid isn't given, then the defendent have clear grounds to appeal on, as said above!

Good Luck to all involved!

tipobarra


Nicey is right

20.05.2008 10:28

focus on the next step - an appeal to a higher court, this stage is just crude intimidation. M'lud in the next court will NOT be impressed by the denial of adequate legal representation on the grounds of them being 1st year students.

daanSaaf


UPDATE: Legal aid refused on grounds of over-intelligence of 1st year students

20.05.2008 11:52

Today Judge Parsons at Brighton Magistrates refused an application by Kelly's Solicitors on behalf of the 7 defendants for Legal Aid.

The district judge has a discretionary power to overturn the decision of court officials to refuse the Legal Aid in the interest of justice.

District Judge Parsons, who has had to recuse himself from other cases after making clearly biased comments about anti EDO campaigners in the past, heard from defence solicitor Lydia Dagostino of nine complex legal issues that the defendants would have to deal with if unrepresented. She argued these required the services of trained lawyers for their to be a fair trial under article 6 of the European Convention.

Judge Parsons said he saw no reason to disagree with the court official that had denied legal aid on grounds that since the 7 were all 1st year students they were intelligent enough to defend themselves.

None of the defendants have previous convictions.

None of the defendants are studying law.

The 7 first year students now face the prospect of defending themselves from charges of Aggravated Trespass and one defendant is charged with Criminal Damage.

The case was adjourned till 20th June so that the students could complete their exams.

The defendants solicitor then discovered that there is no process of appeal to the Legal Services Commission and the only avenue to overturn the decision may be a judicial review which is be unlikely to be available before the court proceedings begin. On hearing this Judge Parsons was not moved to change his mind.

Afterwards the stink of judicial/political corruption could still be detected half way down Edward Street.



court reporter


Have you tried to get lawyers for free?

20.05.2008 18:29

There are many solicitors who work in public interest law, often on behalf of protestors and activists. In my experience, most of them will give advice for free. I think some of them even might be persuaded to represent the students for free. Have you tried researching this area? It's well worth a try.

Here's a list of law firms who concentrate on civil liberties work:
 http://www.chambersandpartners.com/uk/resultseditorial.aspx?cid=18&pid=10&solbar=1

If they won't work for free, you could definitely get a campaign going to gather legal costs.

concerned student


yes...

20.05.2008 21:51

...we have thought about this and already have some people who might. However, this is also a dangerous move as it might set president for future cases. I.e if people can always sort their own defence out even if legal aid is denied, why grant it?

Smasher


Students of what

21.05.2008 13:03

"Judge Parsons said he saw no reason to disagree with the court official that had denied legal aid on grounds that since the 7 were all 1st year students they were intelligent enough to defend themselves. "


Surely this should be trivial to argue against. Find the student with the most esoteric/specialised course of study and ask the judge a few questions about it. That should clearly demonstrate that there is no obvious overlap between the knowledge/skillset required for a legal defense and that required for studying subject X.

(This may backfire if someone argues that it shows them to be more capable than the judge - e.g. "if you can understand quantum mechanics, you should be able to handle this.")


Alternatively, they could ask the judge if this means that he approves of every first year student in the country setting themselves up in business as professional legal advisors.

Doesn't the Law Society have something to say about this? The judge is effectively saying that any of their members could be replaced by a 19 year old Film student who would be perfectly adequate for the task.

MonkeyBot 5000


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