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The Green Guide

Another Blow to Monsanto's Strong-Arm Tactics in British Court

The Guardian (UK)- Full hearing on GM hazards
By Paul Brown,
Environment Correspondent
Wednesday April 21, 1999

Monsanto, the giant US biotech company, failed in the High
Court yesterday to silence campaigners who pulled up the company's
genetically modified plants, and now faces a high-profile trial in which
the defendants will claim they were acting lawfully to protect society
against the dangers posed by GM crops.
The company had asked for a permanent and sweeping injunction banning six
named defendants and anyone associated with their organisation, GenetiX
Snowball, from interfering with any of their crops again. This would have
effectively prevented them explaining in court why they dug up the crops.
Mr Justice Klavan continued the existing temporary injunction but said the
issue had to go to full trial because the defendants had an arguable case
that they were acting in the public interest.
The defendants cheered the decision as the judge left the court. They will
now be able to call scientists and other expert witnesses to explain why
they believe they were justified in breaking the law for the greater good
of society effectively putting genetically modified crops and Monsanto on
trial.
Three of the defendants, Kathryn Tulip, Melanie Jarman, and Zoe Elford, are
defending themselves, while Rowan Tilly, Jo Hamilton, and the only male
defendant, Andrew Wood, are represented by Owen Davies QC.
The judge said the case should proceed to full trial because the defendants
had raised the issue of'justification in the public interest' and he was
satisfied that sufficient legitimate arguments had been raised to have a
full trial.
Simon Barker, for Monsanto, said that the company had a licence to grow
crops and any complaints should be made to the Health and Safet Executive.
It was not open to the defendants to improperly damage the goods of biotech
companies 'Unlawful conduct against the property of anotther person for
political purposes cannot be justified. If it were so, it would be of
legitimate concern for any business whose activities came under public
scrutiny.'
Melanie Jarman said afterwards: 'It is a fantastic judgement for us,
everything that we wanted. We can look forward to a full trial in which the
issues
of what these crops will do to the environment, the cross-pollination to
other crops, to the actions of biotech companies creating poverty in the
developing countries and the damage to food security can all be addressed
by expert witnesses.
'All the public interest issues on what genetic engineering is doing to the
world can be addressed in open court.'
Andrew Wood, publicity officer for the group, said a full trial would
require Monsanto to disclose many documents about genetic engineering. 'We
are going to learn a great deal about what is really going on.'
The six defendants will draw heavily on the case prepared for two women who
faced trial in March The Crown Prosecution Service dropped the charges.
A second injunction was granted last Thursday against the six defendants
and anyone on the organisation's mailing list. The application by AgrEvo UK
and Plant Genetic System was in response to a planned demonstration on
Saturday.
GenetiX Snowball will use a public interest defence to challenge that
injunction.
==============

The Journal, 20.4.99
5) Demo at North Plant as GM protestors face court
GM picket: Members of GeneNo! demonstrate outside Searle's Morpeth factory
[large pic of demonstrator in 'scream' mask holding leaflet which
reads 'Say No to Corporate Bullying'. Other protestors in background
hold banner reading 'Searle and Monsanto - Partners in the Genetix
Conspiracy', in front of Searle plant ]

Twenty protestors yesterday picketed a factory owned by one of
the biggest backers of genetically-modified foods.
The protest at the Searle pharmaceutical plant at Morpeth in
Northumberland coincided with court action by Monsanto aimed at
curbing critics of the controversial technology.
The multi-national applied to the High Court to stop protestors
ripping its plants out of the ground at test sites.
Mr Justice Klevan was being asked to grant a permanent injunction
against six members of genetiX snowball, the organisation which
uprooted GM plants at a trial farm in Oxfordshire in July last year.
During the two-day private hearing which began yesterday, the
protestors were arguing that they were taking democratic action
against untested GM plants, pollen from which could cross-fertilise
with conventional crops and pose a danger to health.
The protestors will also be claiming that Monsanto is guilty of
criminal damage because of the unknown risks to public health from GM
foods.
Protestor Phil Capon siad: 'We see it as a quite blatant attempt to
silence a movement which over the last 18 months has brought the
issue from nowhere to a situation where even the Government is having
to take notice.
"By this action we hope to show them that we will not be so easily
silenced."
Demonstrators picketed for 90 minutes and delivered a letter which
managers promised to fax to Monsanto's chief executive in America.
Monsanto spokeswoman Ann Foster said the aim of the action was to
protect its 30-plus trial sites in the UK from damage.
"Everybody is saying we need more information, and we are trying to
get that.
"We are not trying to stifle debate - we are only trying to ensure
the trials are not affected and we get the results.
"If people want to make a peaceful protest, we have no problem with
that."
The hearing was adjourned until today.