Thursday 4th November 1999 
Immediate release
PRESS RELEASE


Appeal Court may uphold judgement for 
direct action on genetically modified (GM) crops November 
8th 1999

Photo-opportunity


On Monday 8th November, the Court of Appeal at The Royal 
Courts of Justice, Strand, London will consider if five 
women who started the genetiX snowball campaign should be 
granted a trial. The women claim they were justified in 
digging up Monsanto's GM crops in July 1998. Monsanto claim 
there is no defence under civil law, a trial is unnecessary 
and their temporary injunctions should become permanent. 
The judges' decision may set a precedent. The case will 
start not before 10.30 a.m. in Court No. 3 [1].

The five women were arrested at Model Farm near Watlington 
in Oxfordshire on July 4th 1998. They were released without 
charge. Instead Monsanto chose to pursue civil court 
proceedings for damages and injunctions. They were granted 
temporary injunctions which restrain the women from 
uprooting or interfering with Monsanto's GM plants or 
encouraging or conspiring with others to do the same. 
Breach of injunction may carry a prison sentence of up to 
two years.

In April 1999 at a High Court hearing Justice Klevan 
decided that the women were entitled to have their defence 
of justification in the public interest heard and that the 
case should go to a full civil court trial. Monsanto are 
now appealing that decision.

In addition the women say that in a Criminal Court they 
would have the right to rely on the statutory defences in 
the Criminal Damage Act 1971 (the defence of lawful excuse) 
and the Criminal Law Act 1967 (A person may use such force 
as is reasonable in the circumstances in the prevention of 
crime). They believe the crime that they were preventing 
was damage to neighbouring crops, the environment and the 
health of the community.

Kathryn Tulip, one of the defendants who is also a trained 
solicitor said

'If our rights under the civil law are not equivalent to 
the criminal law then companies like Monsanto will use a 
form of justice favourable to themselves at the expense of 
us all. Their use of the civil courts amounts to the 
privatisation of our judicial system'.

The hearing is expected to last a day and a half. Three of 
the defendants will represent themselves in court. The 
others will be represented by barristers Richard Gordon, 
Q.C. and Steven Cragg. Solicitor Daniel Bennett of Leigh, 
Day & Co. acts for the represented defendants.

ENDS


Press liaison: Andrew Wood: 0973 953 446, page: 07654 
247502


Editors Notes

[1] Confirm the court schedule by calling the Royal Courts 
of Justice after 3.00 p.m. Friday 5th November on 0171 936 
6000 quote QBENI 99/0758/1 Monsanto PLC vs Tilly and 
others.

[2] A Media Briefing is available by calling Press Liaison 
on 0973 953 446.


Picture Editors Notes

A crowd of between 50 - 100 people with banners is expected 
to gather outside the court. There will be a photo call 
with the five women at 9.45 a.m. on the steps of the Royal 
Courts of Justice.
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 953 446 or page 07654 
247502