Climate activism: is the trial more important than the protest?

26.8.2010 (The Ecologist – News Analysis)

by Andrew Hickman

As nine climate change activists are fined by a Scottish judge for breaking into
Aberdeen airport, we look at how courtroom manoeuvres form a crucial part of the
package

 

They came in the night, wielding plastic golf clubs and D-locks, playing mini-golf
on the tarmac of Aberdeen airport before locking themselves to a barricade to
disrupt the morning’s flights.

The climate activists were aiming to draw attention to the airport’s planned expansion and the building of a £750m golf resort nearby which would increase international
flights.

Their protest back in March 2010 came to an end after five hours when they were
told by police that their actions were endangering an emergency helicopter flight
to help a critically-ill baby.

This was disproved during the subsequent trial at Aberdeen Sherriffs Court, but
the group’s members, who call themselves the ‘Climate 9’, were convicted of the Scottish crime of ‘breach of the peace’. They were handed
fines ranging from £300 to £700 each.

Kingsnorth success

It was a different outcome than the 2008 English case of the ‘Kingsnorth Six’,
where the defendants successfully argued that the shutting down and painting of
‘Gordon’ onto the cooling stack of a coal fired power station in Kent had ‘lawful
excuse’ because of damage caused to the planet by carbon dioxide emissions.

That verdict was heralded as a turning point by environmentalists, but the Aberdeen
airport verdict suggests juries will still hold activists to account for damage
or losses caused as a result of their actions.

Unlike in the Kingsnorth case, the defence of ‘lawful excuse’ was not available
to the Aberdeen defendants. Instead their lawyers argued ‘necessity’ – a defence
which is seen as harder to win.

The fact the lives of members of the public were disrupted may have also reduced
the chances of the Aberdeen airport defendants being acquitted, according to one
of the Kingsnorth Six.

‘It’s common sense that it’s easier to persuade the public of the validity of
the action if the public aren’t inconvenienced. In the Kingsnorth action, it was
a power station behind a large fence belonging to a big company. The public weren’t
adversely affected,’ said Ben Stewart, one of the activists who scaled the 220
meter high tower at the Kingsnorth power station in 2007.



Is prison a deterrent?

For the Aberdeen airport defendants, sentencing guidelines dictate they could
have received up to five years in jail. In the end they were given only modest
fines, but one of those convicted in the case, Dan Glass, says harsher punishments
won’t dissuade activists from similar actions in the future.

‘The more people see the wings of state trying to put us away while scientists
support what we’re doing, the more we will see civil disobedience in the face
of government failure on climate change,’ said Glass.

Evidence from the US appears to support Glass’ argument.

‘If you look at the example of high profile activists in the US, such as Rod
Coronado, who was put behind bars for disrupting the hunting of mountain lions,
his imprisonment had a mobilising rather than a demobilsing effect,’ said Lesley
Wood, Profesor of Sociology at York University in Toronto.

As Richard George, co-founder of the environmental activist group Plane Stupid,
puts it: ‘Some people are put off, but far more are pissed off and galvanised
into activity.’

But activist Ben Stewart believes fewer people may consider environmental direct
action if the sentences become harsher.

‘Most people that do these things are normal people, with the same financial
and work constraints as anyone else. It’s extremely difficult to throw caution
to the wind and say you’ll take whatever they give you. But if you give a prison
sentence to direct activists, you make martyrs of them – the courts are mindful
of this,’ said Stewart.



Using the courts for publicity




In the case of the Aberdeen airport protest, the court hearing formed the more
significant part of the nine climate activist’s campaign. Having rebranded themselves
as the ‘Climate 9’, they set up a website featuring commentary on the case and
a forum where they received hundreds of messages of support.

 

‘Before we stepped on the runway, we knew that the court case would be a significant
part of our action,’ said Glass.

‘By campaigning around the court case, we made allegiances with a huge number
of groups that don’t usually campaign on environmental issues.

‘One of our supporters is the Church of Scotland, who acknowledged that breaking
the law was legitimate in our situation.’

The court case also provided a forum in which government environment policy was
scrutinised.

Dr. Alice Bows, lecturer in Energy and Climate Change at Manchester University,
and retired lecturer and UN advisor Dr. Geoff Meaden, both of whom gave evidence
in the Kingsnorth trial, gave a damning opinion of the UK Government response
to climate change.

Dr. Meaden said Plane Stupid, whose members were involved in the protest, ‘must
take every opportunity to bring the urgency of climate change to the public attention.’



Police tactics criticised



During the trial, jurors also heard how police officers had misled protestors
to believe that they were endangering the life of a critically ill baby.

‘This doesn’t help change people’s perception that the police can be unscrupulous
and heavy-handed in their dealings with environmental protestors,’ said Glass.

‘It just shows the lengths that the state is prepared to go to to stop us from
having our voices heard,’ he added.

The National Extremism Tactical Coordination Unit (NETCU), which collects information
on suspected extremists, acknowledges that environmentalists now feature highly
in their intelligence gathering and say that it is sometimes necessary to hold
informtion on lawful protesters ‘to make effective risk assessments in the future.’

Last year, NETCU intelligence led to the arrest of 114 environmental protesters
believed to be planning a direct action protest at a coal fire power station near
Nottingham.



Nottingham court case

Glass, who took part in this action, is one of 26 who are now due to stand trial
in November. But far from dreading the hearing, he and the other defendants are
busy deciding on how to make the most of their court appearance.

‘We’re currently holding meetings on how best to campaign around the trial and
how to use it to highlight the impact of the Ratcliffe power station,’ said Glass.

‘It’s also an opportunity to draw attention to the way police gather intelligence
on activists,’ he added.

Glass and other activists believe the public would be dismayed to see an environmental
protester imprisoned for an action that posed no risk to human life and, in the
case of the Ratcliffe Power Station protest, hasn’t even happened yet.

‘We’re torn. Obviously we don’t want to go to jail but we recognise that a prison
sentence would be extremely significant and would highlight the contradictions
of the UK’s environmental policy,’ said Glass.

‘I’m more than ready to go to prison; in many ways it could be a great thing,’
he added.

 

Andrew Hickman is a freelance journalist

http://www.theecologist.org/News/news_analysis/572294/climate_activism_is_the_trial_more_important_than_the_protest.html

 

 

see also from the Ecologist

Scottish climate activists in the dock hope to set legal precedent

14.6.2010

 

 

and

Climate 9: Found guilty of breach of the peace at Aberdeen Airport


The Climate 9 have been found guilty of breach of the peace. More serious charges
of vandalism were dropped. The charges were significantly reduced over the course
of the 2 week trial. Sentence was deferred until August. The protesters were campaigning
against any expansion of the airport, claiming it would lead to more harmful carbon
emissions. The 9 are celebrating their victory in showing that peaceful protest
is a necessary and legitimate way to take the action needed on climate change.    
25.6.2010   More …..

 

and

a series of articles about the Climate 9 trial under Latest News, Publicity and Politics

and

 

Aberdeen Climate 9 trial – for invasion of runway in 2009 – hope to set precedent

Date Added: 14th June 2010

The trial of the 9 activists who invaded the runway at Aberdeen in March 2009
has started in Aberdeen. Their action was designed to stop carbon emissions from
aviation and to highlight the links between Donald Trump’s planned hotel and golf
course complex and the expansion of Aberdeen airport. The Climate 9 are arguing
the defence of necessity. They argue that their actions were justified because
they were trying to prevent runaway climate change.

Click here to view full story…



 

Aberdeen Climate9 trial starts on 14th June

Date Added: 8th June 2010

The Climate9’s trial starts in Aberdeen on 14th June. The 9 are charged with
vandalism and breach of the peace. Their defence, at the most important climate
change trial ever in Scotland, will be that they committed a smaller crime, in
order to prevent a larger one. That was the defence that won the case for the
Kingsnorth Six in ~September 2008. You can send the Climate9 a message of support,
or read the dozens from around the world.

Click here to view full story…