Acts of defiance against war turned ordinary people into criminals * Maya
Evans, 25, convicted for reading out names of 97 British soldiers killed in
Iraq at unauthorised protest.
* Douglas Barker, 72, threatened with jail for withholding part of his tax
payment in protest at the Iraq conflict.
* Malcolm Kendall-Smith, a 37-year-old RAF medical officer, facing
court-martial for refusing to serve in Iraq By Jason Bennetto and Terry Kirby
Published: 08 December 2005
In three different British courtrooms yesterday, three ordinary people
stood accused of three very different crimes, but all based simply on their
opposition to the war in Iraq.
In the first case of its kind, a woman received a criminal conviction for
standing outside Downing Street and reading aloud the names of the 97 British
soldiers who have died in the Iraq conflict. At the same time as Maya Evans,
25, appeared in court yesterday to become the first person to be found guilty
under the legislation designed to create an exclusion zone around Parliament
Square, Douglas Barker, 72, a retired businessman from Wiltshire, was told by a
magistrate that he faces jail for withholding part of his income tax on his
investments, also in protest over Iraq.
In a third courtroom in Aldershot, a military judge heard that Flight
Lieutenant Malcolm Kendall-Smith, 37, an RAF medical officer based in Scotland,
faced a court martial for refusing to serve in Iraq on the basis that the war
was illegal.
After her hearing, Ms Evans, a part-time vegan chef from Hastings, described
her conviction as an assault on her right to freedom of expression. She said: "
I just think it's a shame you can't voice your freedom of speech in this
country any more and it is illegal to hold a remembrance ceremony for the
dead." Earlier, she had told Bow Street magistrates: "I didn't want to be
arrested but, as far as I was concerned, I didn't think I was doing anything
wrong standing there on a drizzly Tuesday morning with a colleague reading
names of people who had died in a war. I don't think it's a criminal offence
and I don't think I should have been arrested for it."
After a three-hour hearing, she was found guilty of breaching Section 132 of
the Serious Organised Crime and Police Act 2005; she was given a conditional
discharge and ordered to pay £100 costs. The law, which came into power in
April, makes it illegal to hold an unauthorised protest within 1km of
Parliament Square. It was introduced partly to get rid of a long-term and noisy
peace protester, Brian Haw, whose one-man vigil outside the gates of the Palace
of Westminster was considered a nuisance.
Ms Evans was arrested, along with follow demonstrator, Milan Rai, in October
as they stood next to the Cenotaph, close to the gated entrance to Downing
Street. Mr Rai, 40, a writer, was reading out the names of dead Iraqi
civilians. The pair had been intending to ring a bell for each of the names
read out. Mr Rai, who had spoken to the police in advance about his protest,
was not charged.
In Chippenham, magistrates were told that Mr Barker was refusing to pay
£1,142.58, which amounted to 10 per cent of the income tax he was due to pay
for the second half of this year. Instead, he had put the money to one side,
intending to give it to a charity supporting children in Iraq, and had sent a
note to the Inland Revenue to explain.
Mr Barker, of Purton, Wiltshire, told the magistrates: "I estimated that 10
per cent goes on military expenditure and I came to the conclusion that by
paying this I was violating my conscience because I felt it would have been
used illegally to kill people in a sovereign state."
He said he would only pay if he got a promise the money would not be used for
military purposes, adding he believed the Government had used illegal weapons
against Iraqi civilians since the start of the war. His comments were greeted
with applause from a group of about 20 anti-war protesters in the public
gallery.
Magistrates imposed a liability order, which means he has to pay the
outstanding amount or bailiffs will become involved. Hilary Light, the
chairwoman of the bench, said: "Whatever this court may feel, our jurisdiction
is laid down and we can't say where money can go to. We are therefore going to
make the liability order.'' No time limit was given.
Mr Barker, who helps run his son's organic farm, said afterwards that he
would probably send the money to a government department that did not have any
dealings with military expenditure, such as the NHS. "I don't think they will
go so far as to send me to prison, they will either accept the money that way
or just send the bailiffs round.''
Mr Barker, who did his National Service in the RAF, formerly ran a travel
company, which he sold in the late 1980s. He said he was a lifelong socialist
who had supported Tony Blair when he was first elected, adding: "I was very
unhappy about the war when it began, but I might have given him the benefit of
the doubt if things had gone well. But I think it's been a complete fiasco.''
At a hearing in Aldershot, Flt Lt Malcolm Kendall-Smith was told that he
faces a two-day court martial for refusing to serve in Iraq.
Flt Lt Kendall-Smith, a unit medical officer based at RAF Kinloss,
Morayshire, Scotland, had already completed two tours of Iraq. However, after
studying the legal position, including the advice of Lord Goldsmith, the
Attorney General, he concluded the war was unlawful and he should not return.
David Perry, for the prosecution, said there were two questions relevant in
the case. Firstly, was it lawful to ask Flt Lt Kendall-Smith to return to Iraq?
Secondly, were each of the four charges he faced relevant to the order telling
him to go back.
His lawyer, Philip Sapsford, did not dispute his client failed to stay for a
training course, helmet-fitting, an employment briefing and initial risk
training exercise. But, Mr Sapsford argued the officer did not break English
law. "The crucial question is whether to go to Iraq and the war itself is in
fact unlawful in international law," he said. "I ask this question because UN
resolutions do not form part of English law."
Flt Lt Kendall-Smith faces five charges of disobeying lawful orders under the
RAF Act 1955. The court martial will begin on 15 March.
In three different British courtrooms yesterday, three ordinary people
stood accused of three very different crimes, but all based simply on their
opposition to the war in Iraq.
In the first case of its kind, a woman received a criminal conviction for
standing outside Downing Street and reading aloud the names of the 97 British
soldiers who have died in the Iraq conflict. At the same time as Maya Evans,
25, appeared in court yesterday to become the first person to be found guilty
under the legislation designed to create an exclusion zone around Parliament
Square, Douglas Barker, 72, a retired businessman from Wiltshire, was told by a
magistrate that he faces jail for withholding part of his income tax on his
investments, also in protest over Iraq.
In a third courtroom in Aldershot, a military judge heard that Flight
Lieutenant Malcolm Kendall-Smith, 37, an RAF medical officer based in Scotland,
faced a court martial for refusing to serve in Iraq on the basis that the war
was illegal.
After her hearing, Ms Evans, a part-time vegan chef from Hastings, described
her conviction as an assault on her right to freedom of expression. She said: "
I just think it's a shame you can't voice your freedom of speech in this
country any more and it is illegal to hold a remembrance ceremony for the
dead." Earlier, she had told Bow Street magistrates: "I didn't want to be
arrested but, as far as I was concerned, I didn't think I was doing anything
wrong standing there on a drizzly Tuesday morning with a colleague reading
names of people who had died in a war. I don't think it's a criminal offence
and I don't think I should have been arrested for it."
After a three-hour hearing, she was found guilty of breaching Section 132 of
the Serious Organised Crime and Police Act 2005; she was given a conditional
discharge and ordered to pay £100 costs. The law, which came into power in
April, makes it illegal to hold an unauthorised protest within 1km of
Parliament Square. It was introduced partly to get rid of a long-term and noisy
peace protester, Brian Haw, whose one-man vigil outside the gates of the Palace
of Westminster was considered a nuisance.
Ms Evans was arrested, along with follow demonstrator, Milan Rai, in October
as they stood next to the Cenotaph, close to the gated entrance to Downing
Street. Mr Rai, 40, a writer, was reading out the names of dead Iraqi
civilians. The pair had been intending to ring a bell for each of the names
read out. Mr Rai, who had spoken to the police in advance about his protest,
was not charged.
In Chippenham, magistrates were told that Mr Barker was refusing to pay
£1,142.58, which amounted to 10 per cent of the income tax he was due to pay
for the second half of this year. Instead, he had put the money to one side,
intending to give it to a charity supporting children in Iraq, and had sent a
note to the Inland Revenue to explain.
Mr Barker, of Purton, Wiltshire, told the magistrates: "I estimated that 10
per cent goes on military expenditure and I came to the conclusion that by
paying this I was violating my conscience because I felt it would have been
used illegally to kill people in a sovereign state."
Thomas "Rocky" Costanzo
888-848-8781 Voice / 561-450-5546 Fax
[EMAIL PROTECTED]
1.95% fixed payment loan that pays off in 25 years. DROP your payments, get
CASH out and REDUCE the term!
"Predicting the future is easy to do, Tom...it's the WHEN that's the hard
part" Larry V. Thomason
"One Idea 10% better is worth a Million Dollars" Brian Tracy
Politics: 'Poli' in Latin meaning 'many' and 'tics' meaning 'bloodsucking
creatures'.
"Those that seek the truth are more than friends. They are brothers."
WHO IS JOHN GALT?
"In order to be a great man first you got to be...a MAN"
---------------------------------
Yahoo! Shopping
Find Great Deals on Holiday Gifts at Yahoo! Shopping
[Non-text portions of this message have been removed]
------------------------ Yahoo! Groups Sponsor --------------------~-->
Fair play? Video games influencing politics. Click and talk back!
http://us.click.yahoo.com/g0CDCD/tzNLAA/cUmLAA/KlSolB/TM
--------------------------------------------------------------------~->
ForumWebSiteAt http://groups.yahoo.com/group/Libertarian
Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/Libertarian/
<*> To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
