GREENPEACE.ORG.UK STATEMENT ON IRAQ WHISTLE-BLOWER CASE:

Government faces further headache over legal case for Iraq war
Last edited: 28-02-2004

Whistle-blower case has 'huge implications' for Greenpeace protesters

Tony Blair faces further embarrassment in less than a fortnight, when
fourteen Greenpeace volunteers appear in court on charges relating to an
anti-war protest. Their case has taken on great significance since the Crown
Prosection Service (CPS) claimed the case against Katherine Gun was dropped
because they could not "disprove the defence of necessity" -- that is to
say, they could not counter the defence that her actions were justified to
save lives.

The so-called Marchwood Fourteen occupied tanks at the Southampton military
port in February last year. Throughout their case the defendants - all
Greenpeace volunteers - have argued that their actions were necessary to
prevent loss of life. With the CPS now saying they could not have disproved
such a defence in the Gun case, Greenpeace lawyers wonder how the CPS will
proceed against the fourteen.

In a further development Greenpeace has today written to the CPS asking it
for the Attorney-General's full advice to government on the legality of the
war. Lawyers for the group claim access to the full advice is vital if the
defendants are to be allowed a proper defence. Greenpeace has given the CPS
24 hours to produce the full advice, otherwise the group will renew its
request for the advice in court on the first day of the trial, set for March
9th.

Greenpeace legal adviser Kate Harrison said, "The protesters thought the war
was illegal. We think it is essential for a fair trial that they see the
full Attorney General's legal advice and the basis on which it was made."

"Since the Katharine Gun trial it would appear that the Attorney General
probably thought at the time of the protest that the war would be unlawful
and that the Foreign Office and other advisors thought so too."

The case against the fourteen will be held at Southampton Magistrate's court
from March 9th.

Further information
Greenpeace opposed the war in Iraq and campaigned actively to prevent it. We
joined the Stop the War coalition and made submissions to the Foreign
Affairs Select Committee on the illegality of the war, see
http://www.the-hutton-inquiry.org.uk...0219to0222.pdf

For more information contact the Greenpeace press office
on 020 7865 8255 or 07801 212967 or 07801 212968
http://www.greenpeace.org.uk/Multime...eport/6206.pdf