Cairn Trial Nov 2011

Cairn Energy Trial – Wednesday 23^rd November 2011

Everyone will be aware by now of the fantastic news that the first of the 17 activists who were on trial in Edinburgh was found not guilty on Wednesday and the charges against the others were subsequently dropped.

As a local Greenpeace group member I went along to show our support and gratitude to Natasha on the second day of her trial. The previous day in court had been taken up with the prosecution putting their case forward and today was the turn of the Greenpeace lawyer to state his defence. Mr Brady put the case to the judge that by occupying the offices of Cairn in the manner in which they did the Greenpeace activists did not meet the requirements under Scottish law which constitute a threat of a criminal nature.

The prosecution had already conceded that GP had no intent to cause “fear and alarm” but argued that their actions in themselves would potentially do so amongst an ordinary group of people, i.e. the office workers involved. If no “intent” could be proved, then the accused would have to be shown to be “reckless” or “disinterested” as to whether their actions would cause alarm or fear. The prosecution of course did try to prove that although there was no doubt that the activists had not behaved in a threatening way, their actions alone had been threatening.

Mr Brady then came back and reiterated that the manner in which the actions had occurred was pivotal, and that even if a threat could be imagined by an onlooker, it did not qualify as a criminal threat in law.

Rather than come to an immediate conclusion the judge adjourned the court to deliberate the arguments. It was a nervous time for all involved but a chance to up date the other Greenpeace members involved with the case who were waiting to possibly be called to witness. No one could really guess what the outcome would be, including Mr Brady the GP lawyer, but we were all hopeful that justice would be done.

After the stated interval we all returned to the courtroom to await the judge’s decision. When he returned and began to give his summary of the case, he initially said that he felt the unwelcome and unpermitted occupation of a private office would be thought to be an offence of some sort and our hearts sank. He then went on to address the three qualifications which must be met to have proved that Natasha was guilty. He conceded that although the action may have caused some disruption, the behaviour of the activists had in no way been threatening – in fact there was evidence to the contrary, they had done their utmost to assure everyone that this was a peaceful protest and cause as little upset as possible. Two of the qualifications had not been met and therefore he stated that he had found Natasha not guilty! The result didn’t sink in until it was repeated by the court assistant and he announced to Natasha that she was “free to go”.

It was such a relief for everyone there on a personal level, and a brilliant result for Greenpeace as an organisation. The impeccable behaviour of all the activists and their holding of the core Greenpeace values of non violent direct action and bearing witness in a concerned manner have won through and shown Cairn Energy that they cannot always have their way despite how powerful and rich they are. I felt so proud of Natasha for putting herself on the line in the way she did in order to stand up for something she believes is important, and so proud of Greenpeace as an organisation for stepping up to the mark and going where other polar bears cannot tread!

Maybe I will bring a case against Cairn Energy on the same charge – they have no doubt behaved in a reckless and disinterested manner as to the consequences of their actions and have caused me, and all of you, real fear and alarm.