Thursday 30th July 1998 Immediate release PRESS RELEASE Monsanto fails to silence genetic protesters with unlimited damages claim At a hearing in the High Court today, Thursday 30th July 1998, injunctions issued on July 16th against five genetic campaigners, were renewed [1]. Mr Justice Steel who heard the case granted the campaigners additional time for the preparation of their defences. The campaigners must file their defences to the damages claim by Friday September 4th 1998. The campaigners, all women, openly dug up approximately 200 genetically engineered plants from a Monsanto demonstration site at Model Farm, Oxfordshire on July 4th 1998 [2]. Monsanto was granted injunctions against the five women by High Court Judge, Mr Justice Jowitt, on 16 July 1998. The injunctions prohibit the women from uprooting Monsanto plants or crops at their seventy test field sites throughout Britain [3]. The injunctions also prohibit the women from instructing or encouraging any other person to do the same act. In support of their injunction application Monsanto presented evidence to the judge including exhibits of media clippings, campaign materials and investigations by private detectives. The five women were represented by solicitor Daniel Bennett of Leigh Day & Co, a well known environmental law firm. Monsanto were represented by solicitors Rowe & Maw. The women chose not to challenge the injunction order at this stage. The women are confident that the additional time allowed for the filing of their defences will allow them to present a very strong response to Monsanto’s damages claim. There is currently no date set for a further hearing. However Monsanto’s solicitors have said that the company will apply for summary judgement as soon as the defences have been filed. They claim that the women have no defence to the damages claim. If Monsanto do apply for summary judgement then a court hearing is likely shortly after September 4th 1998. However if they do not a court appearance could be months away. Commentators have compared the increasing concern at genetically engineered crops to the start of the anti-roads movement. The use of injunctions and claims for unlimited damages, so called SLAPP’s (Strategic Lawsuits Against Public Participation) [4], were first used by the Department of Transport at Twyford Down, one of the most controversial road schemes. However SLAPPs failed to prevent protest at that and subsequent road schemes including the Bath Eastern bypass, The M11 link road and the Newbury bypass. This is the first case of a SLAPP being used by a biotechnology company in this country. Monsanto’s strategy of using a SLAPP to silence dissenting voices while engaging in a £1 million advertising campaign [5] to promote acceptance of genetically engineered food and crops is typical of a corporate strategy designed to promote acceptance of a product which the public does not want [6]. Kathryn Tulip, one of the five women said, ‘This legal intimidation is an attempt by Monsanto to silence the campaign against GE foods. Suing five women will not stop a campaign which has the support of 77% of the population of Britain”[6] ENDS Contact (press liaison): Andrew Wood 0973 953446 or page 07654 247502 continued on page 2 Editors Notes [1]The claim for unlimited damages and an injunction were issued in the Queens Bench Division, Royal Courts of Justice, The Strand, London, case number 1998-M-No.851. [2]See release dated July 4th, ‘First arrests in Britain for pulling up Genetically Engineered crops’ from genetiX snowball. The five women arrested were Rowan Tilly (40, furniture-maker), Kathryn Tulip (39, solicitor and former toxicologist), Zoe Elford (27, genetics campaigner), Melanie Jarman (27, freelance journalist) and Jo Hamilton (25, music teacher). [3] There are over 300 ‘test field sites’ of GE crops in Britain of which 70 are for Monsanto. There are eleven other companies involved in trials in this country. [4] For further details on SLAPPs contact Andy Rowell author of ‘Green Backlash-Global Subversion of the Environment Movement’ on: 01364 73752 or 01803 868 650. [5] Monsanto’s advertisements have been the subject of complaints to the Advertising Standards Authority for being dishonest and untruthful. For example on Saturday 6th June 1998, The Guardian (Weekend Supplement): 'We believe food should be grown with less pesticide' and Sunday 7th June; The Observer (Magazine Section): 'More biotechnology plants means less industrial ones' have been criticised by GeneWatch. Contact Sue Mayer of GeneWatch on 01298 871558 for details. [6] A recent MORI opinion poll for GeneWatch showed that 77% of the public believe there should be a ban on growing genetically engineered crops and food in Britain. See press release of Sunday 14 June 1998 from GeneWatch, the independent organisation which monitors developments in genetic engineering. The MORI poll shows that 77% want a ban on the growing of such crops until their impacts have been more fully assessed. A similar number (73%) are concerned that genetically engineered crops could interbreed with natural, wild plants and cause genetic pollution. The MORI poll also reveals that 61% of the public do not want to eat genetically modified foods (an 8% increase since a similar MORI poll was conducted in December 1996) and 58% of the public oppose the use of genetic engineering in the development of food (a 7% increase on 1996). Interviews were conducted with 950 adults aged 15+. Interviewed face-to-face, in-home, using CAPI (computer assisted personal interviewing) technology between 6-8 June 1998 in 84 sampling points throughout Great Britain. Data weighted to reflect the national profile. For further information, contact Sue Mayer on 01298 871558 (phone & fax) or at GeneWatch, 5 Post Office Row, Litton, Buxton, Derbyshire, SK17 8QS Or Kay Wright/Michele Corrado at MORI on 0171 928 5955 Picture Editor notes [1]Pictures of the five women on the steps of the Royal Courts of Justice, holding cards with the words ‘77% SAY BAN GENETIC CROPS’ are available from ISF on Image Net (Tel: 0541 522333) or call photographer Rob Todd: 0467 420 283 [2]Video film of the women outside the High Court, including interviews, on DVC format available from Zoe Broughton, award winning film maker whose work has been broadcast nationally. Call 0961 181 576. [3]Pictures of the five women on the first genetiX snowball on July 4th available. Photographs by Nick Cobbing, respected freelance photographer whose work has been published in the Times, Guardian, Observer, etc. Pictures on Image Net (Tel: 0541 522333) under the David Hoffman section or call David Hoffman : 0181 981 5041. [4]Video Film of the five women on the first genetiX snowball on July 4th available on DVC format from Zoe Broughton, award winning film maker whose work has been broadcast nationally. Call 0961 181 576. genetiX snowball A campaign of nonviolent civil responsibility One World Centre, 6 Mount Street, Manchester M2 5NS Tel: 0161 834 0295 Fax: 0161 834 8187 Press liaison: Andrew Wood 0973 953446 or page 07654 247502