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Thursday, 25 November, 1999, 16:39 GMT
GM crops firm wins legal ruling
crops GM crop trials sparked protests by environmentalists

Environmental campaigners have been banned from interfering with genetically-modified crop trials by a Court of Appeal ruling.

The decision follows an incident in which five women and one man uprooted trial plants at a firm in Oxfordshire last year.

Biotechnology company Monsanto had already won a temporary injunction, but had to go back to the Court of Appeal for a permanent ban.


It is the breaking of the law, with its potential for martyrdom, which affords far better publicity than anything else
Lord Justice Stuart-Smith
The company also had to fight the campaigners' defence that the rights and wrongs of genetic modification should be discussed before the ban could be imposed.

The three appeal judges ruled the defence could not possibly succeed against Monsanto's legal rights under the law of trespass.

A company spokesman said: "We're pleased at the ruling.

"Acts of deliberate vandalism achieve nothing and shouldn't be condoned.

"By pulling up GM crops, protesters are depriving us all of the answers which companies like Monsanto are being asked to provide."

European vow

The six defendants - Rowan Tilly, Jo Hamilton, Kathryn Tulip, Melanie Jarman, Zoe Elford and Andrew Wood - later vowed to take the case to the House of Lords and, if necessary, the European Court of Justice.

Lord Justice Stuart-Smith, sitting with Lords Justices Pill and Mummery, said their views were genuinely and sincerely held.

"There is nothing whatever unlawful in trying to persuade others and particularly the government of the rightness of their views, provided they do not employ unlawful means to do so and provided they do not incite others to use unlawful means," he said.

'Astonishing proposition'

The real purpose of the uprooting campaign was to draw attention to the cause.

"It is the breaking of the law, with its potential for martyrdom, which affords far better publicity than anything else," said the judge.

"It seems to be implicit in their method of operating that they cannot attract sufficient attention to their cause without breaking the law.

"It would in my judgment be an astonishing proposition if the law were to recognise this as justification for law breaking."

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See also:
03 Aug 99 |  Talking Point
Do you support direct action?
27 Oct 99 |  UK
Government 'U-turn' on GM crops
22 Oct 99 |  Sci/Tech
Health risks reduced by GM corn
18 Oct 99 |  Sci/Tech
GM controversy intensifies
18 Oct 99 |  Sci/Tech
Ministers 'ignoring public' on GM food

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