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GEORGE FOX 6 TRIAL: VICE-CHANCELLOR'S
TRESPASS CASE TO GO TO APPEAL
30/9/05: Human Rights organisations expressed growing unease
as a verdict of guilty was returned today after a trial which has
deeply
embarrassed Lancaster University. Six students and graduates received
two-year Conditional Discharges for aggravated trespass at a Corporate
Venturing conference they demonstrated at twelve months ago. They are
determined to appeal on freedom of speech grounds.
The court saw a video of protesters, dubbed the 'George Fox Six', entering
a Corporate Venturing conference and addressing the audience for about
30 seconds and handing out leaflets before being manhandled out without
resistance by catering assistants, wherupon they blew whistles in protest.
After failing to prove that the protesters had intended to
intimidate or obstruct, the prosecution case rested on the submission
that the protesters had intended to disrupt the conference, despite
testimony supported by video evidence that they simply wanted to address
the audience, hand out leaflets and then leave, allowing the conference
to continue. After four days of evidence the Judge's decision rested
on an amended dictionary definition of the word "disrupt."
In a prepared statement University Secretary Fiona Aitkin said
after the hearing, "What the students did went beyond peaceful
protest."
Human Rights Organisation Liberty said they were "very
concerned at this result. The right to peaceful protest is fundamental
to our democracy, as is freedom of speech. Both have been under attack
recently, not least at the New Labour Convention, and we fear verdicts
such as this will only hasten their demise."
District Judge Peter Ward described the protesters'
actions as disruptive and a "nuisance" but ruled that they
had not intended to intimidate anyone or to stop the conference from
happening, contrary to the prosecution's submission. He also accepted
that the views of the protesters were "sincere" and concerned "issues of of serious concern to a lot of people in the academic
world."
In sentencing the protesters to conditional discharge, he said that "In a free and democratic society people who organise conferences
should be able to put up with people who disrupt conferences. I accept
that the whole thing lasted a short time and that the rest of the conference
proceeded."
The six are supported by Liberty, the National Union of Students, the
Association of University Teachers, the Council for Academic Freedom
and Standards, Lancaster Trades Union Congress, Scientists for Global
Responsibility and countless other academics, student unions and members
of the public, who turned out today to show their support as the six
left the court, surrounded by national and local media.
The NUS said in a statement: "It is clear
the Orwellian nightmare is alive in Lancaster, and we at NUS cannot
express our anger at this decision strongly enough. Freedom of speech
is under attack wherever you go, but nowhere more so than university
campuses, which have always been hotbeds of political activity and radical
thought.
"This attempt by Lancaster University to argue that students committed
trespass on their own campus when voicing a legitimate protest was always
absolutely absurd. Students are watching the creeping privatisation
of their education. This case today is simply a blatant attempt to intimidate
students into not expressing their growing dissent and it WILL NOT WORK."
In a joint statement, the George Fox Six said: "We
remain proud of what we did and we still believe that the moral victory
is ours. As far as we and our supporters are concerned, it has been
the university's ethics that have been on trial, and they have been
found guilty."
A packed courtroom heard how the University already has a close relationship
with controversial arms manufacturer BAE Systems and is actively pursuing
closer research ties with industry without proper consultation and debate.
Speaking on the witness stand, Rhiannon Westphal described
how people were "afraid to speak out because their jobs are
on the line." She explained that she simply wanted to talk
to academics who would be at the conference to raise ethical issues
and to "stimulate a wider debate in the University."
Lancaster University Students Union said it is "dismayed
with the outcome of the George Fox Six case. Students are not
trespassers on their own university grounds and they have the right
to voice alternative and critical views. We are taught this in our degrees
and the result of the case shows that Lancaster University is not willing
to put into practice what it teaches. Forfeiting its rich history of
radical student protest, Lancaster University has silenced student voices
on its campus. Students everywhere have a right to protest and LUSU
will continue to speak out against this terrible miscarriage of justice."
Scientists
for Global Responsibility said 'We are deeply disappointed
with this verdict. Universities should be first in line in standing
up for the freedom to protest, but today Lancaster University has ensured
it is in the forefront of undermining this right. This is a sad day
for freedom speech in general and academic freedom in particular.'
The six said today: "We will fight this decision
in the appeal courts, but we also wish to challenge the law which was
used against us. We believe that if we can be found guilty for what
we did then the very right of protest itself is thrown into doubt. The
prosecutions have been built on the case that people have a right not
to be protested at - a position that is logically incompatible with
the right to protest."
An irony not lost on the court was the fact that the university building
used for the conference, which involved a number of companies condemned
internationally for their involvement in human rights abuses and unethical
practices, was named after George Fox, a devout and
committed pacifist and founder of the Society of Friends. Indeed the
university colours include Quaker Grey and in previous times the University
boasted of its proud tradition of dissent and free-thinking. Local Quakers
have written to object to the current usage of the building named after
their founder, and it is likely that the name will now have to be changed.
It is rumoured that the University is planning to auction off the right
to choose the building's new name.
Read earlier story below
• You can find out more about the
George Fox 6 and about the issues and the companies involved in the
conference at their supporters' website at:
http://www.free-webspace.biz/GeorgeFox/
COUNTY'S TRANSPORT PLANS CONDEMNED
30/9/05: The County Council is considering changes to the way Lancaster's
roads and other transport networks are maintained -- but their plans
have been blasted from all sides. City Council leader Ian Barker has
urged Lancashire County Council to continue the Lancashire Highways
Partnership, which it has decided in principle to end and to transfer
all work on the Lancaster and Morecambe's roads, footpaths and cycleways
to the County Council. The Highways Partnership would be replaced by
so-called 'locals', which the County claims is a way to get decision-making
down to local levels. In fact, it does the total reverse taking power
away from districts and back to county and then out to some quasi-democratic
body that ill-fits local decision-making.
Opponents to the County's plans, which affect all areas of Lancashire,
say the proposals will seriously undermine the ability to deal with
the effects of storms and floods, carry out highways deep cleansing
and improvements such as those carried out in Hope Street, Lancaster
-- and to provide an effective integrated service for roads, pavements
and cyclepaths.
Virtual-Lancaster has learnt that the County's proposal has been
criticised by the Chief Executives and Leaders of virtually all Lancashire's
district councils, irrespective of the political party in control.
An independent report on the 'locals' where it has been trialled also
absolutely lambasted the project.
The County Council's cabinet will meet on 5 October to make a final
decision on the proposed changes to the Partnership.
In a letter to County Councillor Tony Martin, Councillor Ian Barker
has argued that service to the residents of the district will suffer
if the planned changes go ahead.
"Lancaster City Council puts in extra resources to enhance what the
County can do in our district," says Ian. "Those resources have enabled
us to do more work on local road safety schemes, such as 20mph zones
and associated traffic calming; on residents parking schemes; on back
street improvements; and on provision of cycle tracks. These are issues
that are important to local residents. It would be difficult to commission
such work if our highways engineering section were transferred wholesale
to the County Council. There is a real danger that schemes that local
people want will be threatened by the ending of the Lancashire Highways
Partnership."
"There is also a threat to the joined up provision of services. Recently
in Lancaster we have been trying a scheme in which we clear all cars
from a street with the co-operation of residents, so that highway repairs
and cleansing operations can be carried out at the same time. We want
to do more of this. If the County Council removes the highway function
from City Contract Services, it will be impossible to extend this initiative
further."
"At times of emergency, when there is sea or river flooding or when
trees are blown down by storms, it helps to have highways and grounds
maintenance staff working together in a single organisation. They are
locally based, they can just get on with the job and we can worry about
where the responsibilities lie afterwards. Splitting responsibilities
between County and City will make us less effective, not more." "The
Lancashire Highways Partnership has only been going for two and a half
years. In that time it has succeeded in improving standards. We want
to work together with the County Council to provide a quality highways
service that is responsive to local needs. To abandon the partnership
now is a backward, not a forward step. Even at this late stage, I hope
the County Cabinet will think again."
BUSES SERVICES SLASHED
30/9/05: 122 Lancashire schoolchildren may lose their school bus, if
County Council proposals to cut school bus services by nearly half a
million pounds are agreed next week.
Green County Councillor Chris Coates has reacted angrily to proposals
by Lancashire County to make £470,000 of cuts to bus services across
the county. This includes £130,000 of cuts to school buses - which will
leave 122 children without a school bus service.
In addition to school bus cuts the County is also proposing to make
£340,000 worth of cuts to Lancashire's rural bus services.
"The County Council has got its priorities totally wrong," says Chris,
who blames bus deregulation for the cuts, first introduced by the Tories
in the 1980s. "At the same time as they are proposing spending tens
of millions on bypasses, they are denying Lancashire's school kids a
place on their school bus. We should be encouraging more school busses
- not cutting them."
"It seems to me that these cuts are also linked to bus de-regulation.
The bus companies can make millions running busses on the busy routes
- but they don't want to spend money in the rural areas."
The County Council's cabinet will meet on 5 October to make a final
decision on the proposed cuts.
UNIVERSITY VICE-CHANCELLOR ON TRIAL FOR TRESPASS
AT UNIVERSITY
30/9/05: Day 4 of the George Fox 6 Trial at Lancaster Magistrates
Court took an interesting turn as defending solicitor Gavin Haigh made
a case that the organisers of the Corporate Venturing Conference that
was the subject of student protest at the University last year was held
unlawfully. He argued that as the organisers had failed to fulfil the
conditions laid down in the University Code of Practice that the conference
itself was held unlawfully under the provisions of the Education Act
No2 and therefore those attending it were in effect trespassing - the
organisers, speakers and the delegates.
"And indeed" added District Judge Peter Ward, helpfully,
"that would mean the Vice Chancellor (a speaker at the
event) would have been trespassing."
The court had heard testimony earlier from University staff and then
Student Union President Mathew Freeman that the organisers of the event
had not submitted an appropriate application to hold the conference
to the Registrar of Meetings although they had notified him that the
event was to take place.
Despite, argued Mr Haigh, that the conference was of a controversial
nature, covering as it did the issue of commercialisation of academic
research, a hotly debated issue throughout academe and involving as
it did many corporations whose military or vivisection activities had
been the subject of previous protest, and also that it was a non-routine
event event, being the first of its kind, and also that it involved
a national figure, Government Minister Lord Sainsbury, the organisers
had not notified the Registrar of these issues, as was their duty under
the University Code of Practice for ensuring Freedom of Speech.
Had they done so, he added, it would have been incumbent upon him to
convene a meeting of the Standing Committee for Meetings - which includes
representatives of the faculty, the student union and the university.
They between them would then have been able to determine the best way
to ensure that all interested parties would have had an opportunity
to express their views at the conference. However as Mathew Freeman
had testified, such a meeting had never been convened during his term
of office, and Registrar Anthony Evans had testified that in the 10
years that he had held the post he had never convened such a meeting.
Mr Haigh noted that according to the Code of Practice, where the organisers
of a meeting were in breach of the Code of Practice then the University
must refuse the use of University premises for the event, as such a
meeting would be unlawful under the terms of the Education Act No2.
Those participating in such an unlawful meeting were therefore trespassing.
Breach of the Code of Practice by event organisers is considered to
be a disciplinary offence. However it became increasing unclear during
the case who the actual organisers of the meeting were. Management School
Director of External Relations and Corporate Communications Prof Crawley
claimed only the slightest involvement in organising the event. Both
he and Hilary Barraclough of the University's Conference Office, whose
duties were described as taking care of the logistical side of the event,
testified that they were unaware of the relevant sections of the Code
of Practice.
The court is due to reconvene tomorrow at 2pm to hear District Judge
Peter Ward's verdict on the case.
Read earlier story below
• You can find out more about the
George Fox 6 and about the issues and the companies involved in the
conference at their supporters' website at:
http://www.free-webspace.biz/GeorgeFox/
TORY PARKING PERMITS CLAIMS SLAMMED
29/9/05: Labour councillors have hit back angrily at Tory claims that
votes cast by Labour, Independent and Green members at the September
meeting of the City Council's Overview and Scrutiny Committee were potentially
devastating to local businesses in Poulton and elsewhere in the district.
In a letter to the local press, Tory Councillor Mace stated that a proposal
arising from the work of the Poulton Area Renewal Task Group, that could
have led to business parking permits for use in residents parking zones
was rejected by four votes to three with one abstention.
"Those proprietors and employees of local businesses, their clients,
customers and suppliers, and the members of community organisations,
recreational organisations, religious bodies, charities and social clubs
who contacted me on the subject of parking restrictions in Poulton now
know where responsibility lies for parking problems," claims Councillor
Mace. "It's not the first time that failure to listen to local interests
has made a mockery of the Council's consultation processes.
"In this case the failure extended to two of the City Councillors for
Poulton ward."
But Labour councillors have rejected his claims. "This is nonsense,"
Council leader Ian Barker told Virtual-Lancaster. "The Poulton Task
Group and Overview and Scrutiny don't make decisions as such and are
not subject to party Whip. In this case there will be a report to Cabinet.
"There are problems with businesses who want to park their vehicles
in the home zone," he continued, "but the parking restrictions are those
requested by residents and are part of an attempt to make this a much
more desirable place to live".
"I was present at the Overview and Scrutiny meeting where I gave an
overview on the Poulton Home zone scheme," says Councillor Janice Hanson.
"The scheme itself has been a great success - it's designed to make
a better place to live for local residents.
"As part of the consultation, residents wanted the scheme to allow them
to park near their homes. It is also designed so children can play a
bit safer in the streets knowing there are no speeding cars going through.
It is a place where the residents take priority. Poulton councillors
at the meeting agreed with that because they know how much safer, cleaner
and more secure the area is.
"The point Councillor Mace is continually trying to make is that businesses
inside the zone should also get business permits much like resident's
permits. For the council to introduce such business permits would result
in a change of policy as our policy on parking is residents first, shoppers
and visitors second and commuters third.
"Councillor Mace's views fly in the face of what local residents want,
what local councillors actually based in the ward want and has proved
so successful," feels Hanson. "Yet he still wants he believes is right
and because he didn't get the support he is now upset. Maybe instead
of lambasting other political parties he should actually start by having
a go at his own. After all, it was the Conservatives who 'took their
ball home' by withdrawing from Overview and Scrutiny causing Roger Mace
to lose his chairmanship of the body he professes to value."
GEORGE FOX 6 ON TRIAL: DAY 3
28/9/05: Day 3 of the trial of 6 students being prosecuted for their
protest at a Corporate Venturing Conference hosted by Lancaster University
in September 2004 featured testimony from 3 of the defendents. Matthew
Wilson, a student of Ethics & Moral Philosophy at St Martin's College
had already recounted how he asked keynote speaker Lord Sainsbury, government
Science Minister how he was able to reconcile his role as regulater
of the bio-tech industry with the fact that he had made £20 million
from his investments in that industry.
He explained that he believed he had a moral and legal right to protest
at the university's attemps to develop links with corporations he considered
unethical, such as BAE Systems, which he said had sold 15 Hawk jets
to the Indonesian government, which had used them in killing half a
million East Timorese. They had also sold 8,000 electric stun batons
to Saudi Arabia, an act condemned by Amnesty International.
He went on to mention that Shell, also represented at the conference,
had admitted funding soldiers who had killed Nigerian environmental
protesters.
Defendent Keith Richardson, a geography PhD student and assistant part
time teacher at the University also referred to Shell's role in oppressing
the Ogone people of Nigeria. He listed Dupont, another company represented
at the confererence, developers of Agent Orange, and to Proctor &
Gamble, whose research involved placing rabbits in restraining devices
and injecting detergent into their eyes.
He said, "I could not believe this conference was taking place
- that you could have so many unethical companies all together in one
place at the same time, all being welcomed by the University onto campus
and it was my duty to say something about it."
Mr Richardson described the concerns widely prevailing in the academic
world regarding the commercialisation of research. He said "Researchers
ought to be able to carry out their research without looking over their
shoulders at who is funding their research and what results they want."
He was also concerned that researchers were prevented from publishing
the results of their research by funding corporations.
Mathew Wilson earlier noted that corporate funding might skew the choices
of students in choosing particular fields of study, for example, because
of pharmaceutical funding interests, they might be more inclined to
research high profit western consumer drugs such as viagra and botox,
rather than drugs to treat diseases that kill people in developing countries.
The court also heard testimony from defendent Rachel Jackson, an undergraduate
philosophy student at the university who described how she had been
carried out of the conference against her will by two men who she did
not know and who she said had not identified themselves or spoken to
her. Earlier in the case 2 members of the University catering staff
had testified to having carried her out.
On being asked all the defendents repeatedly stated that it had not
been their intention to disrupt the conference, to which they believed
they had a right of access, but to take the opportunity to address it
briefly and voice their concerns about its function. Mr Wilson said
that the right of protest is a virtue, and that it may involve some
inconvenience to others and that this is tolerated as a trade-off for
living in a society where there is a right of freedom of speech.
The trial continues tomorrow at 10am. Given that an average day in court
appears to consist of a 10.30am start, a 3.30pm finish, an hour and
a half for lunch and two 20 minute breaks it seems likely that it will
not finish until Friday.
Read earlier story below
• You can find out more about the
George Fox 6 and about the issues and the companies involved in the
conference at their supporters' website at:
http://www.free-webspace.biz/GeorgeFox/
RLI BED CUTS ON WAY?
28/9/05: Morecambe
Bay Hospitals Trust is considering cutting the number of beds at
Royal Lancaster Infirmary -- but claims the plans will not damage the
quality of patient care in the local area.
The Trust operates hospitals in north Lancashire and south Cumbria,
and is considering proposals to cut up to 130 beds
in bed numbers to tackle financial problems.
£ 500,000 is also being slashed from management costs, part of
a package expected to deliver savings of around £2.5m detailed
in a financial recovery plan titled "Delivering High Quality Care
Within Available Resources" at a four-hour board meeting at Furness
General Hospital on Monday.
Various cost cutting measures are expected to deliver savings of around
£2.5m. The bed cuts will affect Royal Lancaster Infirmary, Furness
General Hospital and Westmorland General Hospital.
The
North West Evening Mail
reported yesterday that the trust must make savings of £8m
-- which represents its fortnightly spend -- if it is to meet its statutory
duty to break even by the end of the financial year next April.
Trust chief executive Ian Cumming said: "If we carry on doing everything
we’re doing now without any changes we’ll overspend by £6m
to £8m."
But chief operating officer Kevin McGee says patients would not be affected
by the cuts, according to a report on BBC
News.
HAVE YOUR SAY DAY
28/9/05: Lancaster District Partnership For Older People is holding
a "Have Your Say Day" to launch the organisation on Friday 7 October.
The event runs from 10.00am to 4.00pm The Platform on Morecambe Promenade.
The Partnership has been set up for people over 55 interested in taking
part in shaping the future for Older Age groups within the Lancaster
District. The event includes a free lunch, Guest Speakers, Workshops,
Stands, Raffles & The BBC Radio Lancashire Bus To receive your free
invitation or express an interest in taking part, contact: Sarah Latham
or Naomi Adam on 01524 585594 or 01524 585653 Places are limited so
don't delay. Transport or care may be organised if needed.
GEORGE FOX 6 ON TRIAL
26/9/05 (updated 27/9/05): Lancaster University's court case
against the George Fox 6 began today at Lancaster Magistrate's Court.
However instead of being heard by magistrates District Judge Peter Ward
is hearing the case, who was somewhat put out to discover that all his
copies of the defence's paperwork and submissions had been misplaced
by the court administrative system. After some delay while hurried photocopying
took place and supporters of the six waved their banners outside at
police cameramen, the case finally got underway.
The 6 - Rachel Jackson, Joanne Moodie, Anthony Ayre, Keith Richardson,
Matthew Wilson and Rhiannon Westphal - all deny charges of aggravated
trespass in respect of their allegedly entering and protesting against
a Corporate Venturing conference being hosted by the University in September
2004. Prosecuting Barrister Neil
Addison is arguing that this protest disrupted the meeting and prevented
the speakers involved from being heard - a Freedom of Speech issue.
A video of the protest was shown at the hearing.
Speakers at the conference included Lord Sainsbury, Science Minister
and a keen sponsor of GM agriculture and Damien McDonald, Chief Executive
of the Defence Procurement Agency.
Prosecution witnesses Prof. Richard Crawley of the Management School,
Hilary Barraclough of the University Conference Office and Anthony Evans,
Head of University Security and also Meetings Registrar explained that
the purpose of the conference was to broker links between the large
corporations representated such as BAE Systems, Shell, Unilever; Dupont,
Proctor & Gamble, Intel and BOC and University departments in the
hope of furthering mutual interests and generating income streams via
research funding - in essence, as the defence solicitor Gavin Haigh
put it, the commercialisation of the University.
The defence are arguing that the conference was organised in breach
of the University's Code of Practice relating to meetings and speakers
of a controversial nature and consequently unlawful under the Education
Act No2.
Fears that there would be insufficient seating for spectators in the
courtroom proved unfounded and those interested in seeing the case unfold
should not be disappointed if they turn up tomorrow at 10.00am. The
trial is expected to go on until Thursday.
The
Guardian reports that in a joint statement, David Smith, president
of the Association of
University Teachers at the university, and Dwayne Branch, its student
union president, said they were "steadfastly opposed"
to using criminal law against peaceful protestors.
"We feel their use in this case has far wider implications, not
just for Lancaster University, but for the right of peaceful demonstrators
(students or academics) everywhere to stage legitimate protests without
being threatened with police involvement, ASBOs and custodial sentences,"
it read.
The university claims it is committed to free speech, but in a statement
stated: "The university will not tolerate criminal activity on
campus or harassment and intimidation of members of staff."
• You can find out more about the
George Fox 6 and about the issues and the companies involved in the
conference at their supporters' website at:
http://www.free-webspace.biz/GeorgeFox/
CYCLE
PATH GATE RE-OPENED
26/9/05: Virgin Trains has announced that the gate from Lancaster's
Platform 1 to the cycle path has been re-opened after protest from cyclists
and local Greens.
The gate has been closed for over three weeks causing considerable inconvenience
to cyclists and others, even though Virgin Trains won an award for integrating
cycle with train use by building it.
"I'm absolutely delighted that Virgin trains have accepted the case
for re-opening this gate," says Councillor John Whitelegg, who spearheaded
the campaign to get this gate re-opened. "We can now get back to the
important business of making sure that rail use and cycling both get
the boost they deserve and support each other every step of the way."
The gate connects the station directly with a new cycle path across
Giant Axe Field, a path paid for with public money. Virgin Trains won
an award for its integrated bike-train policy in linking the bike path
with the station -- then closed and padlocked it citing terrorism risks
and then bike theft. This closure caused annoyance and inconvenience
and came at a time when government was encouraging bike use -- and just
as Lancaster was bidding for £1 million to improve bike facilities!
see previous stories
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NEWS STORY WEB LINKS
• George Fox Six
Supporters site
• Lancaster University
• Lancaster University Students Union
RECENT LOCAL NEWS STORIES ON OTHER SITES
(With thanks to Michael P. Nunn)
GEORGE FOX SIX TRIAL
• Students deny trespass
BBC News 26/9/05
The university's Richard Cawley told the city's magistrates the protest last September was bad for its image.
• 'Trespassing' students defend right to protest
The Guardian 26/9/05 (registration required)
Reports how Keith Richardson, 34, a geography PhD student, told the Times: "We are concerned about the commercialisation of research. We think universities should be independent and shouldn't let scientists and researchers be tied to enterprise and commercial companies."
•
Students face jail over protest
Times Online
26/9/05, (registration required)
The Times points out that the move by Lancaster University to press charges against the protestors has provoked international condemnation, with more than 600 academics and undergraduates calling on Paul Wellings, the vice-chancellor, to drop the prosecution.
• Minister 'confronted by student'
BBC News 27/9/05
Student Matthew Wilson asked Lord Sainsbury if it was right that he regulated
biotech firms having made money out of them, Lancaster Magistrates' Court
heard.
COCKLE DEATHS TRIAL
• Cockling witness 'pushed to lie'
BBC News 23/9/05
The former girlfriend of one of the Morecambe Bay cockling disaster defendants was "pressured" into lying to the police, a court has heard.
• Cocklers were warmed of dangers
BBC News 26/9/05
Chinese cocklers ignored attempts by fishermen to warn them of the dangers posed by the incoming tide, Preston Crown Court heard.
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