Wednesday 14th April 1999 PRESS RELEASE Monsanto set to lose court hearing on Monday 19th April 1999 photo-opportunity On Monday 19th April 1999 at a SUMMARY HEARING in the High Court in London[1], Monsanto PLC will ask for a permanent injunction against ‘members’ of genetiX snowball, including six named persons. Monsanto are asking the judge to order genetiX snowball to hand over details of all persons who’ve received a copy of their ‘Handbook for Action’. Monsanto’s solicitors say that they will send a copy of the injunction order to the Handbook recipients so that they will also be bound by its terms. Fifty Handbook recipients including Members of Parliament and Lord Peter Melchett of Greenpeace will demand a right to speak in court. The defendants believe they have a robust defence and will argue that a FULL TRIAL is necessary. Monsanto are claiming the defendants trespassed on their goods (their plants) on July 4th 1998 [2]. On this date, the five women defendants, openly and accountably uprooted genetically modified (GM) plants at a Monsanto demonstration site at Model Farm, Shirburn in Oxfordshire. Although arrested they were not charged with a criminal offence, but ten days later Monsanto applied for and was granted a temporary injunction. The sixth defendant who acts as the press liaison for the genetiX snowball campaign was added to the temporary injunction in September 1998 prior to the fourth genetiX snowball action. The permanent injunction which Monsanto seeks is similar to but slightly broader than the temporary injunction already in place. The permanent injunction would restrict the named defendants and ‘members’ of genetiX snowball from: trespassing on Monsanto’s land or premises at Plant Breeder’s International, Cambridge; uprooting, damaging or interfering with any of Monsanto’s plants or crops at their GM release sites (“the Sites”); interfering with Monsanto’s business conducted at the Sites whether by planting, inserting into the ground or leaving any crops or other article at any of the Sites; organising, inciting, procuring, encouraging or training others to participate in the above on behalf or in the name of “genetiX snowball” or otherwise; attempting or conspiring with others to do the aforementioned acts. The named defendants are being ‘sued on their own behalf and on behalf of all members of genetiX snowball’. This means that should someone who is deemed to be a ‘member’ of genetiX snowball breach the proposed injunction then the named defendants will also be subject to committal proceedings for the ‘member’s’ action. Breach of injunction could mean a custodial sentence of up to two years imprisonment. The definition of what constitutes a ‘member’ of genetiX snowball has never been adequately addressed since genetiX snowball is not a membership organisation. Monsanto consider that anyone who has received a copy of the Handbook is a member and the case brings into question the right of a person to own a book without fear of prosecution. Over 650 handbooks have been distributed including one to Prime Minister Tony Blair, The Pope, Prince Charles and Robert Shapiro, head of Monsanto. Although Monsanto had gained consent for the release of their GM oil seed rape at the site there is good reason to believe that GM sugar beet may also have been planted. This may mean the trial does not comply with the consent and is therefore illegal. Furthermore the defendants will argue Monsanto have no right to claim trespass to goods since they were not in possession of the goods at the time. The farmer was in possession of the goods and therefore the farmer should be making a claim instead of Monsanto. The defendants will also claim that there action was necessary in order to protect the environment and prevent damage to other farmers crops by cross pollination or gene transfer. They will also argue that damage to the plants at Monsanto’s site was incidental and symbolic and that the campaign’s aim is not to cause economic damage to Monsanto but to secure a five year moratorium on the release of GM plants into the environment. Affidavits have been submitted by experts for the defence including affidavits by Dr Sue Mayer, Honorary, Research Fellow at the University of Lancaster, Dr Ricarda Steinbrecher, a molecular biologist and Dr Vyvyan Howard, a Toxico-Pathologist at Liverpool University. These testify to the potential risks to human health and the environment of genetic engineering. Three of the named defendants: Zoe Elford, Melanie Jarman and Kathryn Tulip will represent themselves in court. The other three defendants: Jo Hamilton, Rowan Tilly and Andrew Wood will be represented by barristers Own Davies Q.C. and Stephen Cragg. Daniel Bennett of Leigh, Day & Co., the solicitors acting for the defendants said “Monsanto are trying to use sheer brute force rather than valid legal arguments in this case” Kathryn Tulip, one of the defendants added “They’re trying to sweep this case under the carpet, but for justice to be served a full trial is necessary. It’s time to put genetics on trial” CONTACT: Andrew Wood Tel: 0973 953 446, page: 07654 247 502 Editors Notes [1] The summary hearing (case No. 1998-M-No. 1180) will take place on Monday 19th April, not before 10.30 a.m. at the Royal Courts of Justice, Strand, London WC2A 2LL. A summary hearing is a shortened form of trial, and as such experts cannot be called to court; there is no disclosure of documents pertinent to the case; and the hearing will last no more than one and half days. Court adjourns at 1.30 p.m. and 4.30 p.m. [2] See press release July 4th 1998 ‘First arrests in Britain for puling up genetically modified crops’. [3] On Saturday 17th April 1999 there is a genetiX snowball day of action called ‘Silent Spring - An action to make our Land, our food and our future free from genetically modified crops’. [4] A second Biotechnology company AgrEvo/PGS have applied for an injunction against the six defendants and ‘members’ of genetiX snowball. See press release 13th April ‘AgrEvo/PGS follow Monsanto in targeting genetic campaigners with injunctions’. [5] A large gathering of between 70 to 100 people is expected outside the court. Musicians from Seize the Day will perform their song ‘Food & Health & Hope’. Poet Stephen Hancock will read his Monsanto poem from 9.15 a.m. [6] The name genetiX snowball comes from the idea that individuals will uproot no more than 100 GM plants and encourage two others to do the same, hence perpetuating and increasing the size of the campaign [7] In a letter published in the Independent Newspaper of 15/4/99 Dan Verakis of Monsanto PLC writes says of possession of the handbook that ‘… this only means that only those people who break the law will face legal action’. None of the six defendents have broken the law in respect to Monsanto’s site since there has been no criminal prosecution and none is expected. Picture Editors Notes [1] At 9.30 a.m. on the steps of the Royal Courts of Justice there will be a photo-opportunity with between seventy and one hundred people holding aloft copies of genetiX snowball’s ‘Handbook for Action’; a twenty meter long banner reading ‘Fair hearing for snowball; Full trial for genetics’ will also be on display. Musicians and poets will perfrom (from 9.15 a.m.) and other banners and costumed figures are expected. Freelance photographers Nic Cobbing: 0973 642 103 and Rob Todd: 07977 275 563 will be covering this photo-opportunity and video footage on all formats available from freelance film maker Zoe Broughton: [2] Photographs of genetiX snowball actions and previous court appearances are available on ImageNet under the David Hoffman or ISF sections. David Hoffman: 0181 981 5041. ISF: 01628 542 554. The David Hoffman photo library carries copies of photographs from the first genetiX snowball action on 4th July 1998. Video footage of the other court appearances and the first genetiX snowball action on July 4th 1998 by five of the defendants in Oxfordshire available on all formats from award winning film maker Zoe Broughton on: 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 Browse: http://www.gn.apc.org/pmhp/gs Press liaison: Andrew Wood 0973 953 446 or page 07654 247502