B52 Two not guilty

Jury decides - not-guilty: intention to damage US bombers destined for Iraq was lawful


On Tuesday 22 May, at Bristol Crown Court, the trial of two Oxford peace activists Philip Pritchard and Toby Olditch (known as the 'B52 Two') concluded with the jury returning a unanimous verdict of not-guilty- in less than three hours.

This was the first retrail of fairford disarmers, as all three earlier trials resulted in undecided juries.

The next retrial will be of Josh Richards, scheduled to start on 30 May, and Margaret Jones and Paul Milling – who non-violently disabled three tankers used for refuelling the bombers – from 2 July. All trials will take place from 10am at Bristol Crown Court, The Law Courts, Small Street, BS1 1DA. Please be there to support them if you can.

Philip Pritchard is 36 years old, and a self employed carpenter and father. Toby Olditch is 38 years old, and a self employed builder. They both live in Oxford. The two men were arrested inside the perimeter fences at RAF Fairford in the early morning of 18 March 2003, just two days before the bombing of Iraq started. They carried with them tools to damage the planes, nuts and bolts to jam the aircrafts engines, pictures of ordinary Iraqi civilians and paint symbolizing blood and oil. They also carried warning signs for attaching to any damaged planes which would help alert aircrew to their action. The two men acted nonviolently in a way which would not result in harm to anyone, including the military personnel at Fairford. They intended to stay with the planes and tell the operators what they'd done.

The two were charged with conspiring to cause criminal damage at RAF Fairford in Gloucestershire on 18 March 2003 when they tried to safely disable US B52 bombers to prevent them from bombing Iraq[1]. The court heard the two men acted to prevent damage to life and property in Iraq, and war crimes by the aggressors.

The trial started on Monday 14 May 2007. This is the second trial for the alleged offence; the first in October 2006 ended in a hung jury, after 12 hours of deliberation spread over three days. The two accused were facing up to ten years in jail. There are two other similar cases awaiting re-trial, due to hung juries, at Bristol crown court.

The two activists maintain that war crimes were committed in the bombing as cluster bombs, which spread unexploded bomblets that kill and maim civilians (like mines) were used, as were 'bunker busting' bombs tipped with depleted uranium that fragments, spreading radioactive toxins which are harmful to civilians.

During the trial the prosecution accepted that even delaying the bombers would have prevented civilian casualties, as it would have allowed those fleeing cities more time to escape. In his hour and a half summing up today, Justice Crowther explained the legal tests that must be met for the prosecution to succeed, he reiterated the facts and summarised the evidence. A document 'steps to verdict' had been provided to assist the jury.

Toby Olditch said "We're overjoyed, and thankful for the good sense of the jurors, for the wonderful support we've received, and for the commitment and expertise of our legal representatives. But hundreds of thousands of Iraqi people have still suffered as a result of the Government's actions. It shouldn't have come to the point that people had to take direct action to try to check the abuse of executive power."

Phil Pritchard "I am delighted that the jury have returned a unanimous not-guilty verdict. Our action in trying to prevent illegal attacks on the people of Iraq in 2003 is vindicated. I hope war of this kind never happens again."

FAIRFORD DISARMERS - MISTRIAL CALLED

A judge at Bristol Crown Court has ordered a re-trial in the case of two peace activists charged with damaging military equipment to stop planes taking off. After a day and a half of debate, the jury failed to reach any clear verdict.Paul Milling and Margaret Jones are charged with conspiracy to commit criminal damage after disabling several dozen bomb carrying and fuel vehicles at RAF Fairford in March 2003. They were attempting to hinder take-off of 14 B-52 planes to bomb Iraq at the start of the 2003 invasion. Milling and Jones say this was a bid to delay the planes’ departure for Baghdad and give more people time to flee the city – thus protecting property and helping to prevent war crime.

In a prepared statement handed in when they were arrested at RAF Fairford after damaging two dozen vehicles, they wrote of the air base as ‘a launching pad for war crimes’, adding that if they could save ‘one life’ by their actions, they would consider them justified.

Bruce Houlder for the prosecution alleged the defendants ‘claimed a charter’ to act without reference to the law. If the defendants’ actions were taken to their logical conclusions, he told the jury at Bristol Crown Court, ‘one might as well tear up the laws of this country.’

This was ‘a unique case’ said Hugo Charlton, defending Margaret Jones. The law allowed for exceptional circumstances, and the threat to life in Iraq posed by the bombers at Fairford was one such situation. The burden of proof, he said, was ‘on the prosecution’. It was not necessary for the defendants to have been engaged in actually ‘stopping’ a crime. It was enough that they were seeking to ‘prevent’ it, and that they honestly believed that homes and property in Baghdad were in need of protection.

James Hines, representing Paul Milling, denied that the action taken was merely a symbolic ‘protest’. The defendants acted reasonably, he said, in the light of everything they had read and heard before the start of the war. Reminding the jury that the region now devastated by war is one of the cradles of civilisation, he asked them to imagine how they would react if 30 missiles, or even three, landed on their own city. He accepted that it was difficult for Westerners leading safe lives to imagine an existence where people struggle to survive without electricity or water, among unexploded cluster bombs, with sudden death an ever-present reality. These, he said, were conditions the defendants had been able to picture, and that they had done their best to address. Theirs had been a genuine attempt to save life.

During the previous week the court heard moving testimony from those who were in Baghdad during the bombing, including a young Iraq man who survived the cluster bombing of a residential area.
Phil Pritchard and Toby Olditch start their trial on Monday the 2nd of October (9.30 am at Bristol Crown Court). Charged with conspiracy to commit criminal damage for trying to reach and disable a B-52 bomber at Fairford. Please come and show solidarity.

Fairford "disarmers" first day in court

Yesterday I attended the solidarity protect outside Bristol Crown Court in support of Dr Margaret Jones and Paul Milling.

In March 2003 this courageous pair broke into RAF Fairford, being used by the USAF to bomb Iraq, with the aim of sabotaging the aircraft, and the tractors that take munitions to them. They were arrested by armed US troops.
Prosecutor Bruce Houlder QC told Bristol Crown Court that when she was arrested, Margaret replied: "The US are using this base as a launching pad for war crimes. It's my aim to prevent that to the best of my ability."
The court heard that Milling said: "The UK and US Governments are using this base in an act of war which is both illegal and immoral. I'm doing everything in my power to prevent it."
The case has already been to the House of Lords and back to test whether the defendants can use the argument of lawful excuse (they can’t). Margaret and Paul argue that they acted to prevent a crime taking place.
The protest outside the court had about 70 people there, including a woman who had come from Scotland, and delegations from Plymouth, Bridgewater and Swindon (you can just see me in the photo behind Paul’s ear, holding the yellow Swindon banner)

Bristol’s socialist choir, the Red Notes, were as always excellent, and gave a human and warm dimension to it. But sometimes their choices of songs are a bit inaccessible which prevents others joining in.

The composition of the protest was quite broad, including some younger people who had been at the Drax protest, and a number of religious folks. I recognised a number of people who I know to be active trade unionists. However the political left were conspicuous by their very low profile. There was one sheepish socialist worker seller, but he didn’t offer the paper to many people. Several people remarked to me upon their absence.

RAF Fairford ruled out of any Iran attack

The depth of anti war feeling in Britain has caused two changes in US policy, according to reports in yesterday’s Scottish Herald newspaper. A Pentagon official has confirmed that interceptor missiles for the US ‘Son of Star Wars’ missile defence system will not be sited in the UK. The official cited the strong domestic opposition to the ongoing occupation of Iraq as a primary reason for this decision. At the same time, participation of RAF Fairford just outside Swindon, has been ruled out of any possiblle attack on Iran, for the same reason.

RAF Fairford was the scene of a number of protests during the build up to the 2003 invasion of Iraq, including breaches of the perimeter fence, and while the bombing was in progress a very successful peace camp was established. On 20th March 2003 there was a national demonstration at Fairford of around 10000 people.

In response to the article in the Herald , Kate Hudson, Chair of the Campaign for Nuclear Disarmament (CND) said, “This is a strong indication of the growing power of peace campaigning in the UK... This is a victory for peace and democracy. The majority of the British people want no part in these preparations for further militarisation and war.”

Unfortunately the government is still planning UK participation in the missile defence system, via the Fylingdales and Menwith Hill sites in Yorkshire. Ms Hudson said, “The widely accepted consequence of this missile defence system is that it provokes a new nuclear arms race as nations seek a way to get around it or through it. Any site that plays a part in this missile defence system will make that country a target for any potential enemy. Whilst it is a positive step that interceptors will not come to Britain, both Fylingdales and Menwith Hill are already allocated significant roles in a US missile defence system. This puts the people of Britain at risk - indeed it puts them on the front line in a future war. The US must end its dangerous and provocative plans for a missile defence system.”

B52-two case before House of Lords next week

Demo: 9am, Parliament Square, Monday 20 February

Early on 18th March 2003 two activists - Toby Olditch and Philip Pritchard -were arrested trying to get into USAF Fairford to nonviolently disarm theB52 bombers stationed there.

Hours later these self-same bombers were usedto bomb Iraq. Though the pair were released on bail in June 2003 they are still waiting tostand trial. Next week, a five-day hearing in the House of Lords will determine whether or not they will be allowed to present one of the keyplanks of their defence, namely whether or not the international "Crime ofAggression" can ever be deemed a "crime" in UK domestic law. Show your support for Toby and Phil by joining the demo. in ParliamentSquare at 9am next Monday (20th Feb) - but check www.b52two.org first in case there is a change of plan