Friday 16th April 1999 PRESS RELEASE AgrEvo/PGS gain most wide-ranging injunction to date On the morning of Thursday 15th April 1999 at a hearing of the High Court in London[1], AgrEvo UK Limited and Plant Genetic Systems B.V. gained the most wide ranging injunction to date against genetiX snowball[2]. The Judge, Mr Justice Douglas Brown awarded the injunction as set out by AgrEvo/PGS in their application. He accepted their definition of a genetiX snowball ‘member’ as being anyone on genetiX snowball’s mailing lists and ordered genetiX snowball to provide a copy to AgrEvo/PGS “forthwith”. The defendants are taking legal advice and may request the order be set aside. The Judges decisions could influence a hearing between Monsanto PLC and genetiX snowball on Monday 19th April 1999[3]. The AgrEvo/PGS application for the injunction was prompted by genetiX snowball’s day of action on Saturday 17th April 1999 called ‘Silent Spring - An action to make our Land, our food and our future free from genetically modified (GM) crops’. The day was expected to include accountable and nonviolent actions to safely uproot GM plants at release sites. However, virtually all the GM test sites in England and Wales are now covered either by the AgrEvo/PGS injunction or by a similar injunction which Monsanto obtained against genetiX snowball in 1998. GenetiX snowball has informed groups and individuals of the existence and terms of the injunction and the consequences of breaching it. Consequently the Silent Spring day of action is no longer expected to include the uprooting of GM plants. Instead Citizen’s Inspections of GM release sites and supermarket actions are planned[4]. The six defendants named on the AgrEvo/PGS injunction are the same people whom Monsanto injuncted in 1998. The defendants are being ‘sued on their own behalf and on behalf of all members of genetiX snowball’. This means that if anyone who is a ‘member’ of genetiX snowball should breach the injunction, then both that ‘member’ AND the named defendants could be imprisoned for up to two years, or be fined, or have assets seized. The defendants were not present in court, nor did they have legal representation. Instead, a letter written by Kathryn Tulip on behalf of the named defendants was sent to the Judge. The letter explained that genetiX snowball is not a membership organisation and therefore it does not have a list of members. Hammond Suddards, solicitors acted for AgrEvo/PGS (a wholly owned subsidiaries of Hoechst Schering AgrEvo GmbH). The judge ordered that the defendants provide AgrEvo/PGS with a list of the ‘members’ of genetix snowball. He accepted the proposed definition of a ‘member’ of genetic snowball as: a person on any mailing list, including electronic mailing lists kept for the purpose of sending or transmitting information relating to genetiX snowball and/or its activities; the defendants or anyone known to them or who they have reason to believe will take part in a day or days of action commencing on Saturday 17 April 1999 known as Silent Spring organised by genetiX snowball. The injunction applies both to the named defendants and to the ‘members’ of genetiX snowball i.e. all persons on genetiX snowball’s mailing list. The Judge ordered the list to include, so far as is known or available, the postal address, telephone number if any (including mobile telephone number), and e-mail address. The injunction restrains genetiX snowball from: trespassing on any of the land and premises in the possession of ArgEvo/PGS at East Winch Hall, near Kings Lynn in Norfolk and at Chishill Orchard Farm near Royston in Hertfordshire; uprooting, damaging and/or destroying plants and/or other goods belonging to the AgrEvo/PGS at their release sites for GM plants or on their premises; procuring any other person or persons to commit any of the aforementioned acts whether by encouraging, instructing, inciting or otherwise inducing such persons to do so; or conspiring to commit any of the aforementioned acts. The judge ordered the defendants take reasonable steps to inform each and every member of "genetiX snowball" of the terms and effect of the injunction; such steps to include publishing forthwith the injunction on their internet site; and providing a copy of the injunction to ‘Genetix Update’ (the newsletter of the Genetic Engineering Network) for transmission or distribution by them. The judge ordered that the named defendants shall within seven days serve upon AgrEvo/PGS an affidavit stating what steps have been taken in compliance with the judge’s order. Costs were awarded to AgrEvo/ PGS. Andrew Wood, the sixth name defendant on the injunction said ‘Inclusion on our mailing list says nothing of a person’s intention to uproot AgrEvo/ PGS’s genetically modified plants’ he added ‘We have many enquires from people who simply want to be better informed about their food and local environment - surely this is not a crime, is it?’ CONTACT: Andrew Wood Tel: 0973 953 446, page: 07654 247 502 ENDS Editors’ Notes [1] A court summons was issued on 9th April 1999, case number 1999 A. No.300. The hearing took place from 10.30 a.m. at the Royal Courts of Justice, Strand, London WC2A 2LL in Chambers. [2]The six application was made against six named defendants: Jo Hamilton, Rowan Tilly, Kathryn Tulip, Melanie Jarman, Zoe Elford and Andrew Wood and “genetiX snowball”, an unincorporated association. [3] See press release dated Wednesday 14th April 1999 ‘Monsanto set to lose court hearing on Monday 19th April 1999’ available from Media Liaison. [4] See press release dated Thursday 15th April 1999 ‘Nonviolent direct action against genetically modified food and crops on Saturday 17th April 1999 available from Media Liaison. Picture Editors’ Notes [1] 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 court appearances and the genetiX snowball action on July 4th 1998 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