Precedents : Climate 9

Precedents

We Are Standing On The Shoulder of Giants:

So many people in history have challenged the legal system for the greater common good. We are grateful for all their commitment for justice. For inspiration on how ordinary people can challenge the state for environmental and social justice, have a look at a few of these.

We are standing on the shoulder of giants.

The Kingsnorth Six:

The Kingsnorth Six

A precedent for the argument that direct action on climate change can prevention of greater damage was made in 2008 by the Kingsnorth six. These Greenpeace campaigners were accused of causing £30,000 of criminal damage to Kingsnorth smokestack from painting. The defence was that they had ‘lawful excuse’ – because they were acting to protect property around the world “in immediate need of protection” from the impacts of climate change, caused in part by burning coal. The evidence for their defence centred around the enormous damage burning coal does to ecosystems, people and property around the planet – and the UK government’s abject failure to take any meaningful action. Their victory has to be credited in large part to the evidence presented by the Inuit leader, Aqqaluk Lynge, of the devastating impacts that climate change is wreaking on the Inuit community. If you would like to read his statement, it is published in full, along with statements from the other witnesses, on the Greenpeace website here.

..and a few other giants to carry us:

Drax 29: Challenging coal fired power station expansion when we have a small window of opportunity to stop irreversibly climate change.

Ling28: In retrospect society now recognises the worth of clean, healthy organic food. Whilst so many people are seen as ‘extremists’ at the time of their actions, today we thank them for their commitment

Mangrove9: Where would we be without actions to stop racial segregation? Decades down the line no one would openly support racial apartheid in the UK. Another case of ordinary people challenging the law for a higher moral purpose.

Bradford 12: Yet another significant case to support communities looking after each other and defending themselves against state racism.

Seeds for Hope: The Four Ploughshares: ‘Disarming for Life and Justice’ The utterly inspirational case of four ordinary women not willing to see their taxes contribute to the devastation of innocent people halfway across the world.

Suffragettes

Smash EDO: Because EDO profit from death and destruction – they make parts for weapons which are used en masse against innocent people like those in Fallujah. Their products include bomb-release mechanisms for F-16s and Tornados and parts for the Paveway so-called ‘smart’ bomb. We will be here until EDO isn’t.

Trident on Trial: The people’s case for nuclear disarmament.

Kerala: A movement to enshrine earth rights in the constitution.

Ecuador: A movement to enshrine earth rights in the constitution.

Chicago Eight: Where would we be today without the civil rights movement and the remarkable people standing up for equal rights for all?

The Trial of the Suffragette Leaders: Without women standing up to the sexist legal system over a hundred years ago we would be living in a very different way today. Need more be said for the value of taking the state to court for a higher justice?

Climate9 Appeal News: June 7th 2011 at Edinburgh High Court

FOR UPDATES SEE http://www.climate9.com/newsie/
June 7th 2011 at Edinburgh High Court

An appeal to better judgement

Today defendants Tilly Gifford and Dan Glass from the Climate 9 had their appeal heard at Edinburgh Appeal Court against the conviction they received last summer for Breach of the Peace.

The conviction related to a direct action taken in March 2009 where the Climate 9 shut down Aberdeen airport and directly stopped 107 tonnes of emissions from contributing to man-made climate change. They played golf in a cage on the taxiway to highlight the fact that the airport's expansion will serve to deliver Donald Trump's super-rich golfer pals to his contentious course at Balmedie Estate.

Following a two week long trial in August 2010, which was the first jury-led climate change trial in Scotland, all 9 defendants were convicted of Breach of the Peace for their role in the protest. Dan and Tilly made the decision to appeal against the conviction as they hold firm to the belief that the action they took was justified, proportionate and necessary in the face of catastrophic climate change.

Appellant Dan Glass said “the Scottish legal system defines breach of the peace as an activity "causing fear and alarm to the ordinary and reasonable person, and which threatens serious disturbance to the community. I can't think of a better way to describe climate change. Sometimes, we believe, the law must be challenged to protect our fundamental freedom of expression and to disrupt lawful activities that are harming the prospects of future generations. Furthermore it’s the role of as democracy to protect the voices of the minority aswell as the majority”

The appeal has reached its final stages after months of anticipation and against a backdro0p of severe climate change, as recent estimates suggest an unthinkable 4 degree temperature rise by 2080. During the 4 hour hearing this morning the court heard a strong case from the defence, who argued that the jury wasn’t given any sense of this grave context regarding both the importance and urgency of the protest.

Appellant Tilly Gifford said “The judge presented a choice to the jury between 'breach of peace' and 'freedom of expression' without any context. This is simply not good enough. The jury should be given the serious climate change context of the situation relating to the case, otherwise the inference is completely abstract from reality.”

The appeal verdict will be heard within the next 6 weeks in a final court hearing. A date is not yet set. If it is successful it will set an important precedent for future protest cases, through actively defending freedom of expression and supporting the legitimacy of the right to protest given the governments inaction to effectively tackle climate change. It would be the first legal case in Scotland to engage with the severity of climate change that we face and challenge the ‘business as usual’ attitude that the aviation industry is taking in its expansion plans.

Plane Stupid spokesperson Joe Ryle said “Aviation remains the fastest growing source of CO2 emissions in the UK and we cannot let this go unchallenged. However the heart of this debate is about our fundamental right to protest and whether we are prepared to tolerate greater disruption to business as usual in the face of climate change.”

Precedents

Climate9 Appeal News: June 7th 2011 at Edinburgh High Court

Climate 9 in the news……..