Party : Respondent Deponent : Martin Shaw : 1st Sworn : July 1999 IN THE HIGH COURT OF JUSTICE 1998-M-NO 1180 QUEENS BENCH DIVISION BETWEEN MONSANTO PLC Plaintiff -and- (1) ROWAN TILLY (2) JO HAMILTON (3) KATHRYN TULIP (4) MELANIE JARMAN (5) ZOE ELFORD (6) ANDREW WOOD (sued on their own behalf and on behalf of all the other members or representatives of "genetiX snowball", an unincorporated association) Defendants - and - MARTIN SHAW Respondent AFFIDAVIT OF MARTIN SHAW I, Martin Shaw of 161 Hamilton Road, Longsight, Manchester, M13 OPQ make oath and say as follows: 1. I was aware that the sugar/fodder beet crop at the Cereals '99 site was owned by Monsanto. I deliberately targeted this crop for reasons I have outlined in the statement which I prepared before the action exhibited at "MGS1". 2. I also knew that Monsanto had been granted a temporary injunction against genetiX snowball but did not think that it covered anybody other than the named six defendants. I was present at the Court when the Defendants were granted unconditional leave to defend at the summary judgement hearing (20th June) and believed that the representative nature of the injunction was narrowed at that time. I understand now that, although it was narrowed, I was still covered by the narrowed terms. I do actively support the genetiX snowball campaign. 3. None of the named defendants knew that I was planning to do an action on Monsanto at Cereals '99. At the time we discussed the action the target company and crop had not been decided. I understand that, had they known I was planning the action against a Monsanto site, they would have made clear to me that they considered that I was covered by the injunction. 4. Whilst genetiX snowball has no leaders, I took on the organisational responsibilities for the Cereals 99 action. At the meeting the night before (at which none of the six named defendants were present) I told my co-respondents that there was an injunction on the named six but that in my opinion it did not cover other people. I thought that I was in a 'grey' area concerning the injunction but they were certainly not covered. 5. My concern about GM plants and shortcomings of the deliberate release process was clarified when I conducted research for my MSc dissertation, which was a review of the deliberate release of GMO's into the environment. My research highlighted the dangers of GM to ecological, human and animal health and the socio economic effects. It also uncovered the inadequacies of the Risk assessment process. 6. Many of my concerns are spelled out in three excellent documents, which genetiX snowball distribute these are: "The Monsanto Files, Can we survive genetic engineering" Written by The Ecologist Vol. 28 No 5. " Food? Health? Hope? Genetic Engineering and world hunger" Written by the Corner House in October 1998 Briefing 10. "Colonizing the Seed Genetic Engineering and Techno- Industrial Agriculture" Gyorgy Scrinis, Friends of the Earth 1995. 7. On the 16th June I, together with my co- respondents put our protective suits and boots on behind the Monsanto stand. We walked calmly on to the plots carrying plastic bags, biohazard symbols and our personal statements. 8. I was on a plot immediately outside the Monsanto stand. I started pulling up and bagging the GM sugar beet. During this process several visitors to the show tried to stop me. I managed to persuade them peacefully and calmly that I intended to carry on until I had pull up 100 plants. 9. If any Monsanto representatives asked me to leave I can not recall it. However I do remember having a few words with Dr Katherine Hooper as I recall she said I was covered by the injunction. I informed her that since I was not one of the named six defendants, I was therefore not covered. 10. When I had pull up and bagged approximately 100 plants, I stopped, came to the edge of the plot and removed my protective suit and boots and put them in the plastic bag. I then discussed the issues of why we did the action with members of the public, specifically farmers, which is why we did this act of civil responsibility. 11. My personal statement outlining why I did the action was not left on site. This is an unfortunate over sight in the heat of the moment. It is attached now as 'MGS2' 12. I am pleased that I did this action and that I disrupted Monsanto's stall. My only regret is that I did not seek further legal clarification before taking the action. This has put both myself and fellow activists into the situation of potentially having our liberty taken from us. I am concerned that my fellow activists are at risk of committal when they where not aware that the injunction might cover them and that they had not previously been genetiX snowball activists. Sworn this day of July ) 1999 at ) ........................... ) Martin Shaw before me ........................... A solicitor