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"A Journey of Solidarity with the EDO 9"

category international | anti-war / imperialism | opinion/analysis author Saturday July 10, 2010 23:01author by Ciaron O'Reilly - Ploughshares/ Catholic Worker Report this post to the editors

-Acquitted for Decommissioning Israeli Weapon Components During the Bombing of Gaza

Last Wednesday, July 7th, Elijah Smith was released from Lewes Prison. He had been held since the Israeli bombing of Gaza in January '09. Along with his co-defendants he had been acquitted unanimously of all charges by the jury. This concluded 18 months the EDO 9 spent before the courts for their nonviolent resistance to the bombing of Gaza.

I remember first hearing the good news of the anti-war activists decomissioning the EDO arms factory in Brighton, England. It was the 3rd. week of the relentless Israeli blitzkrieg of Gaza in January 17th. '09. More than 2,300 air-strikes were to devastate Gaza during this three week attack, as civilians had no where to flee or take shelter. The Israelis bombed 3,354 houses, 280 schools, Gaza's only flour mill, the chicken farm that provided 10% of the eggs in the beseiged enclave, the sewage plant, wells that provided drinking water. The massacre promised to continue without serious opposition until the U.S. Presdiential inaugaration later that month. The Israeli government unleashed Operation Cast Lead shortly afer Christmas Day killing over 1400 Palestinians

It was a bleak and wet winter's Saturday morning in Dublin. I had been couch surfing for 6 months and was presently ensconsed in a friend's high rise, vault like apartment. My friend was making his living off online poker and had just turned in as I began to stir. I was lying in bed trying to convince myself of the dubious signifcance of going on yet another Paletinaian solidarity march that had become a regular Saturday morning fixture since the start of the Israeli military campaign. In over 30 years of activism I've come to dread the empty liturgies, rallies and marches of "the left", the gulf between predictable protest and solidarity with resistance. How much these events are a sincere response to the sufferings of others and how much they are about well seasoned grouplets posturing, ambulance chasing and self promoting remains an open question?

I stumbled out of bed, grabbed a coffee, rearranged the ashtrays in front of the computer and flicked on the internet. Over on UK indymedia I discovered that while I had slept, good folks had moved from protest to nonviolent resistance and entered the EDO arms factory in Brighton.

Videos of pre-action statements had ben posted on on indymedia. These folks sounded like the real thing; The EDO factory, provider of bomb release mechanisms to Israeli F16's being used extensively over Gaza, looked well and truly trashed. Machinery was disabled and computers, filing cabinets and office furnishings had been thrown out the windows.
One of the reasons that the six had so much time in the factory was that ironically Sussex police on arrival at the scene saw a bomb in the car-park and cordoned off the area waiting for specialists to arrive. The ‘bomb’ was in fact a dummy, a prop for EDO to display at trade fairs, precision guided out of an upstairs window by the decommissioners.

Bristol based activists - Elijah Smith, Tom Woodhead, Robert Nicholls, Robert Alford, Ornella Saibene and Harvey Tadman - who had entered EDO were now in custody. Three Brighton activists - Rosa Bellamy, Simon Levin and Chris Ormond - were lifted outside the factory were also banged up.

I recall Phil Berrigan telling me once that "Brothers and sisters in jail for peace and justice sake speak to our conscience, which is how God speaks to us!" Such speech demands a response of solidarity. I truly believe if 1% of the people who marched against the US/UK war on Iraq in '03 had gone into nonviolent resistance in the spirit of King, Berrigan and the EDO 9 and the other 99% had remained in proactive solidarity - the governments and corporations would have had a tough time waging their wars. Likewise with the Israel's ongoing war on Palestine. It shouldn't be a case of these, or any, resisters feeling isolated in jail and other dissidents remaining at home feeling disengaged. There has to be a powerful mutual dynamic between resisters and the broader movement. We would be a better movement for it. So I drew up a placard of the EDO 9 and headed off into the wind and the rain to share the good news of this resistance with the Dublin protest rally.

In the lead up to the '03 invasion of Iraq, some Brighton folks made the decision that marching around in circles against the oncoming war in downtown London was a waste of time and energy. They decided to focus on where the rubber hits the road in terms of the war machine in their community. So by the time of the '09 Gaza massacre they had waged a 7 year campaign against the EDO arms factory based in Brighton. The Schnews DVD documentary "On The Verge" covers this local; grassroots campaign very well.

Meanwhile in Bristol, in the lead up to the '09 bombing of Gaza activsts had focused on their own locally based Raytheon and British Aerospace arms factories. As the relentless bombing continued through the first half of January '09 a group of them began to coalesce to directly intervene. They chose EDO in Brighton as it was producing components essential to the Israeli F16's being employed extensively by the Israeli military. These Bristol activists met up quite rapidly, shared a resolve and clambered into a slow moving van and set off for Brighton. They arrived in the early hours of Friday morning knocked on the door of some Brighton anti-EDO activists. Within 24 hours they were all in custody following the disarmament of EDO.

One of their number - Elijah Smith - has been denied bail since the action. In March '09 I travelled to Bristol to meet the defendants during a demonstration outside the Bristol jail where Elijah was then being held. The defendants had been released under strict bail conditions banning any communication between them. They took great care not to make any eye contact with each other outside the prison. These conditions remained in force in the entire 18 month lead up to their trial. It was great to idividually meet these folks and as I returned to Australia for a year I kept them in thought & prayer, spread the word of their action, circulated the "On the Verge" DVD and wrote to the imprisoned Elijah Smith sporadically. Many people underestimate the significance of small acts of solidarity open to them to those in jeaopardy. As Judy Small sang, "Because we think we can do little, we do nothing at all!".

In contrast to that dreary Dublin day I first heard of the EDO 9, it was a bright sun shiny day when I arrived in Brighton in June 2010 for the trial. Dispatched by my London Catholic Worker community, I was delivered by National; Express to the Brighton pier. As I walked along the shoreline past all the holiday time amusements it was hard to connect this scene to the seaside town of Gaza where bombs had been delivered by components constructed in Brighton. I walked past where the mods & rockers had it out in the '60's portrayed in the movie "Quadraphenia", past the Grand Hotel rebuilt after the IRA assasination attempt on Maggie Thatcher in the '80's as payback for Bobby Sands and the deaths of the hunger strikers. I swung right up the hill to the Hove court. On the steps of the courts I met the support which consisted mostly of friends of the defendants. There was little evidence of the mainstream anti-war organisations mobilising around this trial. It continues to mystify me how such organisations abandon nonviolent anti-war resisters before the courts and in jail?

The Prosecution case had closed the previous week and one of the Brighton defendants, Rosa Bellamy, had been released with no case to answer. In effect, the trial had been turned around in the cross examination of the prosecution's star witness EDO managing director Paul Hills who found himself spending four days in the dock. He had come to court intending to pass EDO off as a company primarily manufacturing in-flight entertainment equipment. He was presented with a dossier of evidence painstakingly built up over the years by campaigners, which pointed firmly at the company’s complicity in war crimes.

Under cross examination, Hills revealed that the company have owned the rights to the main bomb rack used on Israeli F-16s - the VER-2 - since 1998. He admitted removing website evidence of his company’s dealings with Israel as early as 2004, the date of the first protests. He admitted having interfered with the crime scene, retrieving debris and papers, before police photographers arrived. He claimed to have police permission but no police statement backed him up. There has been speculation that £189,000 is actually an underestimate of the damage caused and that more controversial evidence may have been spirited away. After being warned at one stage by the judge that he was at risk of perjuring himself if he contradicted evidence he’d produced in earlier court cases, crucially he ended by admitting that anyone looking at the evidence presented to him in court would form the reasonable belief that his company was involved in arms sales to Israel. It was this that the defendants needed to convince the jury of - that there was an obvious link between this factory and the bombardment of Gaza.

A witness, Sharyn Lock, provided the background necessary for the jury to understand the full scope of the horror then unfolding in Gaza. Now a trainee midwife, in 2009 she was a human-rights volunteer in Al-Quds hospital, Gaza City. She was in the Gaza strip for the whole of Operation Cast Lead, and able to show footage of a missile strike on the hospital, just metres from the maternity ward. The jury also saw news reports of the white phosphorus attacks on the UNWRA compound, which incinerated much-needed food and medicine. Sharyn closed her evidence by saying she had no doubt that those who armed the Israeli Air Force ‘had the blood of children on their hands’.

By the time I had arrived two of the Bristol defendants, community worker Ornella Saibene and Buddhist homeless worker Bob Nicholls had also given evidence. I heard a Buddhist monk give character reference for Bob in regards to his community and aid work in Bristol and India. We then heard Tom's evidence in relation to the development of his conscience through his Catholic upbringing, attending peace & justice protests with his parents and how it had spurred him to act in the face of the Israeli Defence Forces (IDF) assault on Gaza.

Brighton defendant Chris Ormond took the stand. He shared his personal experience in Palestine. The jury heard of his mistreatment at tha hands of the IDF and his observations of others who had been wounded and killed for speaking out. He told of his involvement in the 7 year campagn in Brighton against EDO. We heard of his surprise when the Bristol crew landed on his doorstep, his distress at the ongoing massacre in Gaza and his support for the action they planned to take at EDO. He spoke of the stress and fears experienced by all the defendants over the preceeding 18 months as they faced the courts amd the threat of prison. He spoke of how they felt compelled to act in the face of these fears, in the knowledge what they were doing was legal and in solidarity with those suffering in Gaza.

After I returned to London, Caroline Lucas, the Green Party Member of Parliament for Brighton, testified to how all democratic processes had been exhauisted in January '09 in relation to staying the deadly hand of the Israeli military over the people of Gaza. Th MP testified that nonviolent direct action was the only response left open by Jaunuary 17th. '09.

I arrived back in Brighton for the last week of the trial. It's amazing how quickly you bond with people at such court cases - the defendants and support. A commnunity brought together by shared jeopardy and solidarity. The defense had won the legal arguments around war crimes, lawful excuse and necessity defences. The eight closing arguments were eloquently delivered by the defense Queens Counsellors and barristers.

On the Wednesday afternoon the jury returned unanimous acquittals on five of the defendants. The imprisoned Elijah Smith and Chris Ormond were left hanging until court resumed Friday morning when the Judge directed the jury to find the remaining defendants not guilty.

Celebrations continue at time of writing. Yesterday Elijah Smith was freed from Lewes Prison after 18 months in custody. Before the trial, Israeli commandos murdered 9 international peace activists nonviolently bringing supplies to break the siege of Gaza. The "acts of mercy" - feeding the hungry, bringing building supplies to the homeless and medical supplies to the sick has now been made a capitol offence by the Israeli state. Israel continues to maintain the only gulag in the Western Hemisphere, the open air prison that is the Gaza Strip containing 1.5 million inmates. Companies like EDO continue to make a killing. The victims demand our resistance. Our resisters deserve our solidarity.

Related Link: http://decommissioners.co.uk/
author by Vid Pre-Actionpublication date Sat Jul 10, 2010 23:14author address author phone Report this post to the editors

Video Statements Made by Activists Before Action and Played to the Jury During Trial

http://www.youtube.com/watch?v=mfa8R2AxUFg

Related Link: http://www.youtube.com/watch?v=mfa8R2AxUFg
author by Judge Summing Uppublication date Mon Jul 19, 2010 12:15author address author phone Report this post to the editors

EDO Decommissioners Trial Transcript of Judges Summing Up

Judge Bathurst-Norman: the full summing-up
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July 15, 2010

LEWES CROWN COURTT 20097131/7129/7128/7126/7124/7122/7120
(SITTING AT HOVE)The Law Courts,
Lansdowne Road, Hove.
Sussex.BN3 3BN.
28th & 29th June 2010
Before:
HIS HONOUR JUDGE BATHURST-NORMAN
(Sitting as a Deputy Circuit Judge)
R E G I N A
- v -
ORNELLA SAIBENE, ROBERT NICHOLLS, THOMAS WOODHEAD, CHRISTOPHER
OSMOND, HARVEY TADMAN, ELIJAH SMITH and SIMON LEVIN

MR. S. SHAY and MR. D. SULLIVAN appeared on behalf of the Prosecution
MR. C. BLAXLAND QC and MISS R. HILL appeared on behalf of the Defendant SAIBENE
MISS A. BAILEY appeared on behalf of the Defendant NICHOLLS
MR. P. TROOP appeared on behalf of the Defendant WOODHEAD
MR. D. DIAS and MISS P. ROSE appeared on behalf of the Defendant OSMOND
MR. S. POWLES appeared on behalf of the Defendant TADMAN
MR.HUSEYIN appeared on behalf of the Defendant SMITH
MISS B. CAMPBELL appeared on behalf of the Defendant LEVIN

28th June 2010
SUMMING UP
JUDGE BATHURST-NORMAN:Ladies and gentlemen, I have two jobs at this stage. My first job is to tell you what the law is.

What I say about that you must accept from me and apply when you come to decide the facts. My second job is to give you a
short summary of the evidence.Now obviously I don't go
through every word, or we would be here for another
three-and-a-half weeks, but in doing that I try to give you a
bird's-eye view, and if I leave out something that seems to
you to be important, you must take that matter into account,
because you decide the facts and I don't.

Equally, if I comment on this or that aspect of the case,
if the comment helps you, take it into account; if the comment
doesn't then ignore it all together.

The first thing I want to say to you about the case,
and it applies to each defendant: the prosecution bring the
case against these defendants, and before you can find any one
of them guilty the prosecution must prove the case against
that defendant.In order to do that the prosecution must
satisfy you so that you are sure of guilt, or put another way,
but it means exactly the same thing, they must prove the case
beyond all reasonable doubt.

Now there are seven defendants.You consider each
defendant separately.They don't necessarily have to stand or
fall together.As you can see from the indictment, they are
all charged with conspiracy to commit criminal damage.So
what is a conspiracy?A conspiracy is basically an agreement.

It is defined in this way: if a person agrees with any other
person or persons that a course of conduct shall be pursued
which, if the agreement is carried out in accordance with
their intentions, will necessarily amount to or involve the
commission of any offence or offences by one or more of the
parties to the agreement, then that person is guilty of
conspiracy to commit the offence or offences in question.

A number of matters follow from this definition.For
there to be a conspiracy, at least two people must be involved
in the agreement; you can't agree with yourself.Once you are
satisfied so that you are sure that there was an agreement you
have to decide who were the parties to that agreement.You
decide that by looking at the evidence against each defendant
in turn and deciding from that evidence whether that defendant
was party to an agreement.Once by other evidence you find a
defendant was a party to the agreement then whatever another
party to the agreement does or says in pursuance of the
agreement is evidence in the case of each defendant who was a
party to that agreement.

Anything said later to the police or anyone else about a
defendant is only evidence in the cases of the defendant who
is speaking, as the other defendants are not present and so
can't agree or disagree with what is said.And once a
defendant gives evidence, that evidence is evidence in the
case as a whole, be it for or against any other defendant.

The agreement does not have to be written down or formally
agreed in any way.Its existence can be inferred from the
actions of the participants.In the execution of an agreement
the various parties to it may play different roles.Some may
play an active role, others may stand by ready to help if
needed, or may only intend to encourage and in fact encourage
those playing an active role.

I have been careful to use the word "agreement", because
an agreement does not become a conspiracy unless its objective
is to commit a criminal offence, in this case the offence of
criminal damage.That is a matter for you to decide.So how
is criminal damage defined?It is an offence for a person
without lawful excuse to destroy or damage any property
belonging to another, intending to destroy or damage that
property.

So what is meant by "lawful excuse"?It is defined in
this way:a person has a lawful excuse if he destroys or
damages property in order to protect property belonging to
another and at the time of the act alleged he honestly
believed that the property was in immediate need of protection
and that the means of protection which he adopted were
reasonable, having regard to all the circumstances.

In this case a purpose of the defendants in damaging
MBM's property has to be to prevent the destruction by the
Israeli Air Force of property in Gaza.I want to stress the
word "a" purpose; it doesn't have to be the sole purpose.
Their purposes may not necessarily be exclusive.Also, it is
the property that is in immediate need of protection not your
actions to defend the property that has to be immediate, and
the property itself has to be in immediate need of protection.

Now the question of anyone's honest belief in these
circumstances is a subjective matter.It is not what you or I
would believe, it is what each of the defendants believed.In
this case you may think that no one doubts the honesty of
these defendants' belief.The same applies to the question of
whether the means were reasonable; that too in this instance
is a subjective test.If it is possible that a defendant
honestly believed that the means he or she used were
reasonable then that is sufficient to establish that the means
so used were reasonable, again, no matter what you or I may
think.

http://www.indymedia.org.uk/en/2010/07/455659.html

Related Link: http://www.indymedia.org.uk/en/2010/07/455659.html
author by Hammertimepublication date Tue Oct 12, 2010 11:32author address author phone Report this post to the editors

"Hammertime" - Oct 13th. Brighton

http://www.smashedo.org.uk/hammertime.htm

 
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