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Title: Cleared: Jury decides that threat of global warming justifies breaking the law
Source:
The Independent
URL Source: http://www.independent.co.uk/enviro ... s-breaking-the-law-925561.html
Published: Sep 11, 2008
Author: Michael McCarthy
Post Date: 2008-09-11 10:28:10 by farmfriend
Ping List: *Agriculture-Environment* Subscribe to *Agriculture-Environment*
Keywords: None
Views: 489
Comments: 45
By Michael McCarthy, Environment Editor The threat of global warming is so great that campaigners were justified in causing more than £35,000 worth of damage to a coal-fired power station, a jury decided yesterday. In a verdict that will have shocked ministers and energy companies the jury at Maidstone Crown Court cleared six Greenpeace activists of criminal damage. Jurors accepted defence arguments that the six had a "lawful excuse" to damage property at Kingsnorth power station in Kent to prevent even greater damage caused by climate change. The defence of "lawful excuse" under the Criminal Damage Act 1971 allows damage to be caused to property to prevent even greater damage – such as breaking down the door of a burning house to tackle a fire. The not-guilty verdict, delivered after two days and greeted with cheers in the courtroom, raises the stakes for the most pressing issue on Britain's green agenda and could encourage further direct action. Kingsnorth was the centre for mass protests by climate camp activists last month. Last year, three protesters managed to paint Gordon Brown's name on the plant's chimney. Their handi-work cost £35,000 to remove. The plan to build a successor to the power station is likely to be the first of a new generation of coal-fired plants. As coal produces more of the carbon emissions causing climate change than any other fuel, campaigners claim that a new station would be a disastrous setback in the battle against global warming, and send out a negative signal to the rest of the world about how serious Britain really is about tackling the climate threat. But the proposals, from the energy giant E.ON, are firmly backed by the Business Secretary, John Hutton, and the Energy minister, Malcolm Wicks. Some members of the Cabinet are thought to be unhappy about them, including the Foreign Secretary, David Miliband, and the Environment Secretary, Hilary Benn. Mr Brown is likely to have the final say on the matter later this year. During the eight-day trial, the world's leading climate scientist, Professor James Hansen of Nasa, who had flown from American to give evidence, appealed to the Prime Minister personally to "take a leadership role" in cancelling the plan and scrapping the idea of a coal-fired future for Britain. Last December he wrote to Mr Brown with a similar appeal. At the trial, he called for an moratorium on all coal-fired power stations, and his hour-long testimony about the gravity of the climate danger, which painted a bleak picture, was listened to intently by the jury of nine women and three men. Professor Hansen, who first alerted the world to the global warming threat in June 1988 with testimony to a US senate committee in Washington, and who last year said the earth was in "imminent peril" from the warming atmosphere, asserted that emissions of CO2 from Kings-north would damage property through the effects of the climate change they would help to cause. He was one of several leading public figures who gave evidence for the defence, including Zac Goldsmith, the Conservative parliamentary candidate for Richmond Park and director of the Ecologist magazine, who similarly told the jury that in his opinion, direct action could be justified in the minds of many people if it was intended to prevent larger crimes being committed. The acquittal was the second time in a decade that the "lawful excuse" defence has been successfully used by Greenpeace activists. In 1999, 28 Greenpeace campaigners led Lord Melchett, who was director at the time, were cleared of criminal damage after trashing an experimental field of GM crops in Norfolk. In each case the damage was not disputed – the point at issue was the motive. The defendants who scaled the 630ft chimney at Kingsnorth, near Hoo, last year were Huw Williams, 41, from Nottingham; Ben Stewart, 34, from Lyminge, Kent; Kevin Drake, 44, from Westbury, Wiltshire; Will Rose, 29, from London; and Emily Hall, 34, from New Zealand. Tim Hewke, 48, from Ulcombe, Kent, helped organise the protest. The court heard how, dressed in orange boiler suits and white hard hats bearing the Greenpeace logo, the six-strong group arrived at the site at 6.30am on 8 October. Armed with bags containing abseiling gear, five of them scaled the chimney while Mr Hewke waited below to liaise between the climbers and police. The climbers had planned to paint "Gordon, bin it" in huge letters on the side of the chimney, but although they succeeded in temporarily shutting the station, they only got as far as painting the word "Gordon" on the chimney before they descended, having been threatened with a High Court injunction. Removing the graffiti cost E.ON £35,000, the court heard. During the trial the defendants said they had acted lawfully, owing to an honestly held belief that their attempt to stop emissions from Kingsnorth would prevent further damage to properties worldwide caused by global warming. Their aim, they said, was to rein back CO2 emissions and bring urgent pressure to bear on the Government and E.ON to changes policies. They insisted their action had caused the minimum amount of damage necessary to close the plant down and constituted a "proportionate response" to the increasing environmental threat. Speaking outside court after being cleared yesterday, Mr Stewart said: "This is a huge blow for ministers and their plans for new coal-fired power stations. It wasn't only us in the dock, it was the coal-fired generation as well. After this verdict, the only people left in Britain who think new coal is a good idea are John Hutton and Malcolm Wicks. It's time the Prime Minister stepped in, showed some leadership and embraced the clean energy future for Britain." He added: "This verdict marks a tipping point for the climate change movement. When a jury of normal people say it is legitimate for a direct action group to shut down a coal-fired power station because of the harm it does to our planet, then where does that leave Government energy policy? We have the clean technologies at hand to power our economy. It's time we turned to them instead of coal." Ms Hall said: "The jury heard from the most distinguished climate scientist in the world. How could they ignore his warnings and reject his leading scientific arguments?"
Cleared: Jury decides that threat of global warming justifies breaking the law
Thursday, 11 September 2008
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#1. To: Ferret Mike, farmfriend (#0)
Ferret, is the author a relative, friend, coincidence, or thee?
Is it true that the UK is being renamed Fantasy Island?
The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke
I said, ha ha Polluters 0 Intelligent people 1
Seventy thousand bucks to remove some graffiti? Shit man, they arrested the wrong criminals.
Maybe when/if they learn that other scientists, many of them also climatologists, don't agree with the global warming theory?
Liberty is not a means to a higher political end. It is itself the highest political end. Does burning fossil fuels create oxygen?
Polluters 0 Intelligent people 1 So the ends justify the means? What about blowing up power plants? Stopping coal shipments through rail damage? How about killing people who stand in the way of green house gas reductions? All of that is now legal with this ruling.
James Hansen was the lead witness for the defense.
You wouldn't know intelligence if it bit you on your scrawny vegetarian ass.
Freeper: I read, but do not understand, write, but make no sense, think, but nothing happens.
There is greater correlation between sun activity and climate than CO2 and climate. Of course correlation does not mean causation. That said, we currently have a quiescent sun and cooling climate.
I don't know but farting in a small theatre creates a large line at the snack bar.
"Every effort has been made by the Federal Reserve Board to conceal its power but the truth is the Federal Reserve Board has usurped the Government of the United States." "Mr. Chairman, the people of the United States did not perceive that a world system was being set up here that the United States was to be lowered to the position of a coolie country. . and was to supply financial power to an international superstate -- a superstate controlled by international bankers and international industrialists acting together to enslave the World for their own pleasure."
I am beginning to wonder.
There seems to be a lot you don't know.
At least I am not an unrepentant human monkey, like you, monkey.
Destroying the rainforests and burning fossil fuels than anything. Sorry.
Stopping pollution is a very excellent means. The courts there seem to back it up. Whoa unto those who work to harm the earth.
And he keeps touting Al's stupid global warming theory in the face of the cooling that started some time ago. I just love to hear idiots yammering about "global warming" and see them standing in snow up to their @$$.
Liberty is not a means to a higher political end. It is itself the highest political end. The courts there seem to back it up. Whoa unto those who work to harm the earth. CO2 is not a pollutant and is necessary for life on this planet. BTW, man's contributions of CO2 in the atmosphere is 3%. The oceans are the major contributor.
Personal attacks, always the best way to win an argument.
Does your knowledge have no beginning? Apparently not or you wouldn't ask such questions. Of course burning fossil fuels doesn't create oxygen. Doesn't create sunspots either, nor volcanoes. Sounds like you and Al Gore may need to do a bit more studying.
Liberty is not a means to a higher political end. It is itself the highest political end. Some would go as far as to call it your m o.
lol...ain't that the truth.
So, burning down rain forests and paving over the planet is not good for it. Thanks for playing, monkey.
Check out "farmfriends" pm to me LOL! Just shows what an idiot you are.
What bullshit. So what about other gases? Oh, in your flat world, all pollution is caused by the sun? The plastic 'island' the size of texas is caused by the ocean? laughable.
Hmmm, showing private messages on the open forum now? How rude. Tell people why I said you were an idiot. You suggested that I work for a government agency and called me a shill. So yes, that shows what an idiot you are.
Who the fuck invited you here, asshole. I've looked at all of your posts and you seem to have an abnormal need for discussion wherein you are able to show your ass without provocation of any sort. It's pretty obvious that you have no friends here ... so why don't you fuck off.
"Every effort has been made by the Federal Reserve Board to conceal its power but the truth is the Federal Reserve Board has usurped the Government of the United States." "Mr. Chairman, the people of the United States did not perceive that a world system was being set up here that the United States was to be lowered to the position of a coolie country. . and was to supply financial power to an international superstate -- a superstate controlled by international bankers and international industrialists acting together to enslave the World for their own pleasure."
Who wrote this? " LOL! Just shows what an idiot you are. " here endith the lesson, shillfriend.
All the more reason to stay and post more!LOL! PS Since when did you and your ilk become "everyone"?
Richard S Courtney's letter to NASA reprinted with permission. Dear Sirs: I am a British Subject resident in England and I am writing to request that NASA distance itself from actions in an English Court of Law by a NASA employee, Dr James Hansen, by issuing a public statement and by taking disciplinary proceedings against Dr Hansen. Reasons for this request are as follows. Members of Greenpeace, an activist group, scaled the chimney of Kingsnorth power station, England, and painted graffiti on it. Eon own the power station, and they sued the activists for recovery of the ~$60,000 it cost them to remove the graffiti. Greenpeace did not dispute the damage or its cost, but argued in Court that their activists’ actions were justified under English Law according to the Criminal Damage Act 1971. This Act says that it is a “lawful excuse” to cause damage to a property as a method to avoid greater damage; e.g. fire fighters have a “lawful excuse” to smash a door to gain access to a building when that is action needed to fight a fire. Greenpeace argued that their activists had such a “lawful excuse” to damage the power station because they were seeking to prevent even greater damage being caused to property by climate change induced by power stations. This damage from climate change includes flooding from rising sea levels and damage to species. The main witness that Greenpeace had to support their case was Dr James Hansen. His authority for this was his position working for NASA. And he had already placed his views concerning Kingsnorth power station on record when, in December, he wrote an open letter to the UK Prime Minister, Mr Gordon Brown, to urge him to prevent plans for coal-fired plants that do not capture CO2 emissions. Eon wants to build two new coal-fired units at Kingsnorth to replace the ageing plant, and UK Government is considering whether to approve the planning application for the replacement. In the Court case, the jury found in favour of Greenpeace by a majority verdict. The statements of Dr Hansen must have been a major contribution to this result because he was the key witness for Greenpeace. And this result has serious consequences. It has set a precedent in English case law that permits damage to the English power supply system using as a “lawful excuse” that the damage is intended to avoid climate change. Such attacks are not restricted to grafitti. A few months ago activists stopped a coal train supplying a power station and they spread its coal over the surrounding countryside. Indeed, any act of terrorism aimed against coal- fired power stations in England and Wales now has a “lawful excuse” that will exist unless and until the UK Parliament changes the law. I was employed as the Senior Material Scientist of British Coal (aka the National coal Board: NCB). It was clearly recognised by all that as an employee of the NCB I was responsible to UK Government. And I would have rightly suffered instant dismissal if - when in that employ - I had sent a letter to the US President similar to that which Dr Hansen sent to the UK Prime Minister: my employment defined that any such letter was being issued by the NCB and UK Government. So, I fail to understand how Dr Hansen’s letter was not issued by NASA and the US Government. And this understanding of the source of that letter is supported by Dr Hansen’s employers permitting him to travel to the UK and to put the views in that letter to an English Court of Law. Clearly, the jury in the Court had similar understanduing to myself. And the results are serious. As I said, any act of terrorism aimed against coal-fired power stations in England and Wales now has a “lawful excuse” that will exist unless and until the UK Parliament changes the law. This result of a US Government employee is so serious that some could consider it tantamount to an act of war. Hence, I write to request that NASA issue a public statement and takes disciplinary action against Dr James Hansen for his actions in an English Court of Law, and thus to distance NASA from those actions. Sincerely Richard S Courtney
Waaaaaaaaa!
The plastic 'island' the size of texas is caused by the ocean? You can't ask pertinent questions. It isn't fair.
There seems to be a lot you don't know. I do know an asshole when I see one ... and they look just like you fucktard !
"Every effort has been made by the Federal Reserve Board to conceal its power but the truth is the Federal Reserve Board has usurped the Government of the United States." "Mr. Chairman, the people of the United States did not perceive that a world system was being set up here that the United States was to be lowered to the position of a coolie country. . and was to supply financial power to an international superstate -- a superstate controlled by international bankers and international industrialists acting together to enslave the World for their own pleasure."
ping
http://s5.gladiatus.us/game/c.php?uid=77290
I am Michael Joseph McCarthy, I am not this person, and my acquaintance with him is casual. I am not going to present his middle name, that is his perogerative. But it is different then mine. I met him working for Oregon Peaceworks.
Farmfriend was a long time FReeper who ran the farm/enviro ping list there. If she worked for the government (laughable, as she has a mind of her own) she would still be over there shilling the Bush party line. Now, learn some manners and protocols concerning E mail.
Thanks, Mike........'inquiring minds' and all that stuff, ya know. :)
Guilt by association, I called it first!
And they write innumerable books; being too vain and distracted for silence: seeking every one after his own elevation, and dodging his emptiness. - T. S. Eliot
or else it gets the hose again...
And they write innumerable books; being too vain and distracted for silence: seeking every one after his own elevation, and dodging his emptiness. - T. S. Eliot
I know. The irony was I was around the time of of the Army McCarthy hearings. besides, I'm sure tali gunner Joe would consider me a suspicious character and a general disgrace to his name if he had lived long enough to know me. ;-)
I've always taken great pride on being on "enemies" lists. Anyone who would go to the trouble of compiling such a list, and then shopping it about...clearly a cry for attention. Sometimes it's even fun to And they write innumerable books; being too vain and distracted for silence: seeking every one after his own elevation, and dodging his emptiness. - T. S. Eliot
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#2. To: farmfriend (#0)
#3. To: farmfriend (#0)
#4. To: farmfriend (#0)
Last year, three protesters managed to paint Gordon Brown's name on the plant's chimney. Their handi-work cost £35,000 to remove.
#5. To: farmfriend (#0)
"The jury heard from the most distinguished climate scientist in the world. How could they ignore his warnings and reject his leading scientific arguments?"
Lord Acton
#6. To: James Deffenbach (#5)
Maybe when/if they learn that other scientists, many of them also climatologists, don't agree with the global warming theory?
#7. To: Ninpo (#3)
"You have delusions of adequacy."
#8. To: James Deffenbach (#5)
Maybe when/if they learn that other scientists, many of them also climatologists, don't agree with the global warming theory?
"You have delusions of adequacy."
#9. To: Ninpo (#3)
Polluters 0 Intelligent people 1
#10. To: Ninpo (#6)
Does burning fossil fuels create oxygen?
"You have delusions of adequacy."
#11. To: Ninpo (#6)
Does burning fossil fuels create oxygen?
#12. To: DeaconBenjamin (#2)
Is it true that the UK is being renamed Fantasy Island?
"You have delusions of adequacy."
#13. To: noone222 (#11)
I don't know
#14. To: Turtle (#9)
You wouldn't know intelligence if it bit you on your scrawny vegetarian ass.
#15. To: farmfriend (#10)
There is greater correlation between
#16. To: farmfriend (#7)
So the ends justify the means?
#17. To: farmfriend (#8)
James Hansen was the lead witness for the defense.
Lord Acton
#18. To: Ninpo (#16)
Stopping pollution is a very excellent means.
"You have delusions of adequacy."
#19. To: Ninpo, Turtle (#14)
At least I am not an unrepentant human monkey, like you, monkey.
"You have delusions of adequacy."
#20. To: Ninpo (#6)
Does burning fossil fuels create oxygen?
Lord Acton
#21. To: farmfriend (#19)
Personal attacks, always the best way to win an argument.
#22. To: Esso (#4)
they arrested the wrong criminals.
#23. To: James Deffenbach (#20)
#24. To: angle, farmfriend (#21)
#25. To: farmfriend (#18)
CO2 is not a pollutant and is necessary for life on this planet. BTW, man's contributions of CO2 in the atmosphere is 3%. The oceans are the major contributor.
#26. To: Ninpo, angle, christine (#24)
Check out "farmfriends" pm to me
"You have delusions of adequacy."
#27. To: Ninpo, thread (#23)
#28. To: farmfriend (#26)
Personal attacks, always the best way to win an argument.
#29. To: noone222 (#27)
Who the fuck invited you here, asshole. It's pretty obvious that you have no friends here ... so why don't you fuck off.
#30. To: All (#0)
"You have delusions of adequacy."
#31. To: farmfriend (#30)
(Edited)
Hence, I write to request that NASA issue a public statement and takes disciplinary action against Dr James Hansen for his actions in an English Court of Law, and thus to distance NASA from those actions.
#32. To: Ninpo (#25)
Oh, in your flat world, all pollution is caused by the sun?
#33. To: Ninpo (#13)
I don't know
#34. To: farmfriend, *libertarians*, *Jack-Booted Thugs* (#0)
#35. To: rowdee (#1)
"You only have power over people so long as you don't take everything away from them. But when you've robbed a man of everything he's no longer in your power -- he's free again. Alexander Solzhenitsyn
#36. To: Ninpo, farmfriend (#24)
"You only have power over people so long as you don't take everything away from them. But when you've robbed a man of everything he's no longer in your power -- he's free again. Alexander Solzhenitsyn
#37. To: Ferret Mike (#35)
#38. To: rowdee, Ferret Michael Joseph McCarthy (#1)
(Edited)
#39. To: All (#38)
#40. To: Dakmar (#38)
"You only have power over people so long as you don't take everything away from them. But when you've robbed a man of everything he's no longer in your power -- he's free again. Alexander Solzhenitsyn
#41. To: Ferret Mike (#40)
overindulge them, although I know deep down such shenanigans usually lead to heartbreak and chaos.
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