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Challenging Star Wars at Menwith Hill |
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Anne Lee |
Introduction This article scrutinises some of the strategies for developing the campaign of opposition to the USA's National Missile Defense [NMD] popularly labelled 'Star Wars ', in the context of recent campaigning to close Menwith Hill, one of the bases crucial to the NMD project. The article examines firstly an assessment of the objectives, including some of the obstacles to be overcome and secondly, an appraisal of some recently applied methods for achieving the objectives, with some consideration of future approaches. [1] Necessarily this is a subjective examination of the effectiveness or otherwise of a number of courses of action: I can write only about those campaigns of which I have personal experience. My experiences have been gained from 40 years participation, as a left-wing peace activist, in various progressive struggles. In addition to campaigning for nuclear disarmament, I have been involved in support of the miners during the 1984/5 strike, the Greenham Common Women's Peace Camps and the anti-Poll Tax Campaign. Currently I am committed mainly to the women-only non-violent direct action [NVDA] campaign to close Menwith Hill, but also support other campaigns with similar objectives. As a result of my actions I have served 4 short prison sentences. Until 1999, when the peace camp was evicted and some of us were placed under High Court Injunction not to camp near the base, I had lived for nearly 5 years outside Menwith Hill, at the WoMenwith Hill Women's Peace Camp. The caravans have gone, but 'those bloody women ' continue their opposition. Spy Station "...MHS is the largest field station in the Agency & as such represents a multi-billion dollar investment in SIGINT systems." [2] Protection of its secrecy is of paramount importance to Menwith Hill's spying operations. It is no advantage to th USA if the 'intelligence' gathered is public knowledge. Moreover the NSA is conscious that its COMINT activities contravene UK and International Law, a fact they are anxious to safeguard from public scrutiny. The UK Government, which believes that to do so is in the national interest, countenances the concealment. For years the British public was comfortable with the idea that Menwith Hill functions as an 'Early Warning Station', essential to the defence of the UK. The UK Government did nothing to dissuade such a belief. Later, when questioned, the official government response was: "...a communications relay station engaged in research ..." [3] It was Duncan Campbell who, in 1980, first exposed Menwith Hill's US NSA SIGINT operations. He also publicised the Tory government's collusion with the NSA over the 'Zircon Affair' in 1987 and he produced the 1993 Channel 4 TV Dispatches programme, The Hill, which revealed that the NSA's COMINT is for economic benefit of the USA, in addition to its ostensibly military purposes. [4] Star Wars Station It was in 1993 that the first infrastructure components of the 'Star Wars' programme at Menwith Hill were installed. It is now over three years since Duncan Campbell recognised that the latest developments at Menwith Hill and their designation as 'European Ground Relay Station’ for the ‘Space Based Infrared System' [SBIRS] are an essential component of the USA's Ballistic Missile Defense [BMD] programme. BMD is part of the USA's planned National Missile Defense System. He attached the label 'Star Wars' to the latest installations.[5] Much has happened in the intervening period. NMD is designed to be a 'shield' for the United States, from behind which it can attack other nations without fear of any retaliation from Intercontinental Ballistic Missiles [ICBMs]. The suicide attacks on the Pentagon and the World Trade Center in New York on September 11 2001 demonstrate that the USA's aggressive imperialist policies will invite 'terrorist' retaliation from which a 'Star Wars shield' is no protection. It also demonstrates that the MHS COMINT systems failed to detect any 'terrorist' plans. NMD is in contravention of the Anti-Ballistic Missile Treaty of 1972 & the Outer Space Treaty of 1967. The latter was signed by 91 nations including the USA, forbidding the military exploitation of space. Most of the world's nations have been quick to condemn 'Star Wars'. They can recognise it as an offensive system directed at any nation opposed to US imperialism: directed at any nation 'unfortunate' enough to be endowed with assets desired by the USA, particularly oil. There is international recognition that 'Star Wars' will generate proliferation of nuclear and non-nuclear genocidal weapons. Nations identified as targets will try to protect themselves; a new 'arms race' will develop; there will be increased possibility of 'terrorist threats' and the increased likelihood of accidental nuclear war. Briefly, the SBIRS component of NMD is part of the surveillance system, which will also include radar stations such as Fylingdales, designed to give early warning of, and track, ICBMs aimed at the United States. SBIRS is planned to consist of constellations of High Earth Orbit and Low Earth Orbit satellites, which would transmit their information via the Ground Relay Stations, such as Menwith Hill, to the USA's 'shooter' systems, which would then respond by launching a 'killer' intercept missile. The revelation that the 'attack' missile, in the 'successful' BMD test of July 2001, carried a beacon signalling its location to the 'killer interceptor’ indicates that the current SBIRS tests are causing more problems than anticipated. The proclaimed 'successful' December 2001 test appears to be capable of deployment only in good weather! The SIGINT systems are part of the surveillance which would provide advance intelligence that a missile was due to be launched. SBIRS would monitor the launch and track the trajectory. All the information would be relayed to NSA’s DEFSMAC [Defense Special Missile and Aeronautics Center] at Fort Meade in Maryland. Thus the whole of MHS is a component of NMD Militarisation of Space In the longer term the US Space Command's plans conceive of nuclear-powered laser weapons on orbital battle stations, which could target any orbiting space object, such as a communications satellite, and locations anywhere on the earth's surface. Vision 2020, US Space Command's forward planning document, is only one out of a huge number of similar, expensive glossy brochures and Internet publications issued by the US Army, Navy, Airforce and Space Command. US Department of Defense [DoD] contractors such as Lockheed-Martin, Boeing and Raytheon, openly brag about the capabilities of their military space systems. They reveal the extent to which vast resources are being expended and the huge vested interests involved, in constantly developing 'new improved' military support space systems - in developing 'Star Wars'. For example, related to Menwith Hill, DoD contractors construct and control the SIGINT satellites; they build and run the technical side of ground downlink stations such as Menwith Hill; they install and maintain the computers, which select, store and analyse the data. Some of their employees thus engaged have been positively vetted and security cleared for 'access' to Top Secret Sensitive Compartmented Information [TS/SCI]. In Vision 2020, US Space Command makes no secret of the USA's imperialist motives: "...in the 21st century the gap will widen between the haves and the have nots ..." Its mission is "dominating the space dimension of military operations to protect American (i.e. USA) interests and investments..." [my parenthesis]. The US military leaders recognised their dependence on space systems after their use in the Gulf War, 1991. Menwith Hill won an award for the role it played ".. .in support of Desert Storm/Desert Shield...". [6] The information and communications superiority supplied 'in near real-time' to the NATO battlefield commanders determined that the domination of orbital space is now a priority in the waging of war. US Space Command issued a self-congratulatory Press Release describing the part played by its satellites and ground systems for 'Command, Control, Communications, Computers and Intelligence’ [C4I] in Kosovo. MHS is certainly engaged in supplying information to military leaders for the strikes on Iraq and Afghanistan. Orbital space has become the new arena for future colonialist wars. UK Government Role The USA's 'Star Wars shield' is totally dependent on 'early warning' of ICBMs incoming to the USA provided by SBIRS and radar systems at bases located far outside that continent. The UKUSA Agreement of 1947 [part of the price that Britain continues to pay for the US support during the 2nd World War] allows the USA to use facilities in the United Kingdom, Australia, Canada, New Zealand and Diego Garcia for global SIGINT and 'intelligence sharing'. The NATO Status of Forces Agreement, 1951 [q.v.] allows the stationing of US troops in the UK, one of the signatory countries. The realisation that ' Star Wars' cannot function without the support of the UK has been a major factor in the development of the grass-roots opposition in Britain. There is now widespread public recognition that the 'shield', which will protect the USA, will provide no such protection to those elements of the system located elsewhere and that this exploitation makes the host countries vulnerable to retaliatory attack from enemies of the USA. At a public meeting, held in Harrogate on September 7th 2001, Duncan Campbell revealed that those components of the SBIRS system, already constructed on the south side of Menwith Hill [7] are intended for the 1st test stage of SBIRS Low. At MHS they consist of two 'golf-ball' radomes, codenamed 'Grapnel', Support Buildings, the extension of the 'Steeplebush II' [SB II] Operations' Centre, codenamed 'Castlemaine' & fibre-optic cables. The chronology indicates that the Steeplebush II building was erected with the intention of it being used as the control centre for MHS SBIRS. If so then the NMD infrastructure was being installed several years before any member of the UK Parliament was aware of it. In 1994, the Ops Administrative Staff temporarily moved out of the Personnel Center [PC5] and into Steeplebush II, when it was completed. PC5 has been partly demolished to allow erection of a much larger 'Mission Support Building', the plans for which were submitted at the same time as the SBIRS project. Steeplebush II, a massive, reinforced Operations Building, was never designed as an office block! Amy jogged through the building in 1995 [8]. After she'd trotted past the offices and the Hardware & Software Engineering Laboratories [9] she discovered that SB II was empty apart from some cardboard boxes, rubbish and bits of wire. During the previous 10, or so, years of the research and development phases of the USA's NMD plans, the UK Parliament, which we 'democratically' elect to rule, has never been consulted formally about, nor even informed of, the proposals. In 1994, when the first sections of the cable conduit were installed along the A59 road [10] was any member of the UK Parliament or Government informed about its purpose? Who was 'in the know' about the USA's NMD programme and its implications for the UK? Who was 'in the know' that MHS, which already has 29 'golf balls [soon to be 30] might shortly acquire many more? Since the December 1998 exposure that the use of USA-occupied bases located in the UK is integral to the US Star Wars programme, the unrelenting pressure of the peace movement and extensive media coverage has forced the debate into the public arena. The Labour leadership has been obliged to make an admission, acknowledging the fact to Parliament. The UK Government continues to insist that it has not granted permission for NMD because it has not yet been requested and it won't be requested until NMD is passed by the US Congress. There is no doubt that the UK Government is anxious to concede. A compliant majority in Parliament will support it. This begs the question of the legality of such 'permission'. The US occupation of Menwith Hill was agreed in December 1951, under the terms of the NATO Status of Forces Agreement [SoFA] signed in London on 19th June 1951. As the NATO SoFA was not ratified until 1952, even the legitimacy of the original US occupation is in question! [It could very easily be renegotiated?] We are currently seeking a Legal Opinion about the legitimacy of the SBIRS installations at Menwith Hill. We believe that the terms of the NATO SoFA cannot authorise non-NATO projects such as the US NMD. We suspect that this is why 'permission' has to be obtained from the UK Government - since when did the USA seek 'permission' for any other projects at MHS? We believe that the terms of the NATO SoFA would make it unlawful for the UK Government even to grant such 'permission'. There is also the question as to whether the UK Government is free to make such a decision. Some anti-'Star Wars' peace campaigners and even sections of the Left Wing press, assume that it would be possible to persuade Blair to say "No"; that he personally would respond to reasonable argument and strength of feeling, as if the decision were the prerogative of the Prime Minister. It's not that simple. Tony Benn has described the much-vaunted 'special relationship', which exists between the USA and UK: " ...based on the fact that the US supplies us with nuclear weapons and allows us to pretend that we have an independent deterrent ... in return the US controls our intelligence services and dictates our foreign and defence policies..." [11] Tony Benn has since argued that the UK's inextricable involvement with the USA's military programme, means that the UK Government has no choice but to host 'Star Wars' - unless it were to cancel Trident nuclear-armed submarines! It is obvious that the USA is not going to allow any other nation to purchase its nuclear weapons unless it has total control of them - the guidance system for the Trident missiles is on US satellites. Thus they are unusable without the consent of the USA. It would appear that the UK Government is in a cleft stick. It cannot lawfully grant, nor can it, in present circumstances, deny, permission to use the US bases for NMD. It is maintaining the pretence that it has the power to make an independent decision, by stalling on the issue that there has been no formal request for the use of the bases. In early 2000 Anne Lee and Helen John asked the UK Secretary of State for Defence, Geoff Hoon, why the ' Star Wars' SBIRS installations had been approved at Menwith Hill. [12] The reply from John Spellar, then Minister of State for the Armed Forces, admitted that SBIRS would be a component of NMD, if the USA decided to implement it, but, he stated, if not, then SBIRS would be necessary to NATO and UK national security. When the Planning Application [q.v.] for SBIRS at Menwith Hill was submitted to the Harrogate Borough Council's Planning Department on June 19th 1997, it was accompanied with a statement issued by the UK Ministry of Defence [MoD] welcoming the SBIRS developments. [13] It is apparent that the MoD had no concept of the SBIRS NMD implications, nor that there would develop a powerful anti-'Star Wars' lobby. European Context The subservience of the UK Government to the USA has been demonstrated recently in connection with the announcement of the closure of the US NSA's eavesdropping station at Bad Aibling in Bavaria, 'partner' base to Menwith Hill, and its proposed transfer to the UK - presumably to Menwith Hill. The move is by no means voluntary, but has been forced on the US NSA in response to the European Parliament's investigation into the ECHELON global COMINT system. In 1999/2000 the European Parliament [EP] acted on revelations that the NSA's SIGINT activities in Europe were not entirely directed at the interception of Eastern European military communications, but that the NSA was eavesdropping on its ostensible 'friends' and by doing so is in contravention of the European Convention on Human Rights [ECHR]. The Committee investigated the allegation that NSA engages in economic espionage, provides 'industrial espionage' information to the advantage of US capitalists, in competition with European business interests. The EP commissioned a Report: "Interception Capabilities 2000", written by Duncan Campbell, which reinforced their suspicions that Bad Aibling is garnering commercial information in addition to its NATO support role. In July 2000 the EP established a one-year Temporary Committee of Inquiry to investigate the allegations about ECHELON. The Committee's Draft Report, which was leaked in May 2001 and widely publicised, confirmed the NSA's commercial spying. It also concluded that the indiscriminate COMINT is a violation of Article 8 of the ECHR [the right to privacy] also incorporated into the UK's Human Rights' Act, 1998. The EP debated the Committee's findings in September 2001. It endorsed a number of recommendations. The EP's recommendation, that the UK & German Governments establish scrutiny and monitoring procedures to ensure that the US NSA complies with the law, put the German Government under pressure, from e.g. the Greens, to kick out the NSA. [14] It is apparent that the USA decided to abandon its Bad Aibling listening post before the row blew up into overt official notice to quit. A letter from the US Embassy to the German Government states that the departure is " ... to maintain good relations..." It is apparent also that there will be no objection from the UK Government to the transfer of Bad Aibling's COMINT operations to the UK. Now, as part of 'the war on terrorism', the Pentagon has applied for a reversal of the decision to quit Germany and has been granted a two-year extension of its occupation of Bad Aibling. Some of the anti-'Star Wars' campaigners find the action of the German Government encouraging. If they can force removal of the Bad Aibling base why can't we persuade or pressurise the UK Government into removal of Menwith Hill? As analysed by Tony Benn, the UK Government's relations with the USA are on a very different footing from Germany's. He was in a position to know 'inside information' about the control the USA exercises over UK policies because he was a Cabinet Minister, Secretary of State for Energy, in which position he was responsible for overseeing the nuclear power stations, which also produce the fissile material for nuclear warheads. Although he maintains that members of the UK Government are deliberately kept in ignorance of 'sensitive information' by the Intelligence Services, there are occasions on which such information is unintentionally revealed - such as when his US counterpart discussed confidential matters of which he assumed Tony Benn was aware. [15] The 'justification' for the Bad Aibling spy base no longer exists. It was part of NATO's post-war occupation of West Germany and of its COMINT spying on the socialist German Democratic Republic. Germany is in a position to make an independent decision. It is not bound by the UKUSA arrangements, nor has it handed over control of its policies in exchange for Trident. Despite the evidence that the NSA's COMINT is in contravention of UK law, there has been no official objection to the transfer of Bad Aibling to Menwith Hill. Helen John has made approaches to supportive MPs to investigate raising the issue in Parliament and whether the regulations governing entry of asylum seekers to the UK cannot be applied in this case! Peace Movement Role There are thus enormous obstacles to achieving a change of UK Government policy on the 'Star Wars' issue. The peace movement needs to consider whether it is realistically possible to effect such a change of policy and - what impact it would have on the USA's decision to deploy NMD. We need to scrutinise what we hope to achieve and analyse how it is possible to do so. We need to examine the traditional methods of campaigning and assess their effectiveness. It is never a total waste of effort and energy to organise demonstrations, petitions, lobbies, publicity stunts, etc, although it is difficult to assess what could be achieved by e.g. waving placards at the Main Gate of Menwith Hill or dressing up in Darth Vader outfits outside Fylingdales. The Greenpeace 'invasion' of Menwith Hill, on July 3rd 2001, was a non-violent direct-action publicity stunt on a large scale, which generated international publicity. The value of such tactics is that they try to identify supporters, publicise issues and demands but cannot be effective to influence any government decision unless they mobilise mass opposition [as in the anti-Poll Tax Campaign]. Women’s Campaign A markedly different element was introduced into peace campaigning on September 5th 1981, when women set up the Women's Peace Camp at Greenham Common. The State had no previous experience of uncompromising, principled, women-only, non-violent direct action resistance. There was no doubt that, initially, the Tory Government underestimated the impact of the women's protest. Even today there is still a conditioned male response, which sees women's actions as less significant than male. The women were not, at first, perceived as a 'threat' - not until their presence became a focus for the attention of the world's media because they were women-only. The women put the focus on the effects of genocidal weapons of mass destruction on the lives of women and children. The women also argued that, even if the weapons were not used, the resources expended on them deprived many of the world's women and children of the necessities of life. The Greenham Women became an inspiration for the peace movement internationally. The women's physical, but non-violent, confrontation of the land-based, mobile, nuclear-armed US Cruise Missiles made it impossible for those weapons to be deployed. The launchers were designed to 'disappear' into the English countryside in the dead of night, so that the 'enemy' [the USSR] would not be able to detect the missile launch and would not have time to retaliate befare they were 'wiped out'. Secrecy was essential to the military operation. In practice, each time they tried to 'sneak out' the Cruise convoy on exercise, it left Greenham Common in the glare of publicity. The women made 'Greenham Common' a 'household word'. What most of the women did not anticipate, was the empowerment that Greenham gave, and continues to give, to peacewomen. The USA was very relieved to bargain away their land-based Cruise missiles as part of the Intermediate Nuclear Forces agreement with the USSR in 1987. The women were given no official recognition for their removal! The WoMenwith Hill Women's Peace Camp, which was initiated in 1993 by Helen John, who was one of the founders of Greenham Common Women's Peace Camp, was based on the same principles of women-only non-violent direct action. It has done much to expose, to lift the lid on the secrecy, which is essential to NSA's eavesdropping operations at Menwith Hill. Some aspects of the women's peace campaign have proved to be very 'successful' in terms of raising the issues and focussing the media's attention on Menwith Hill. These are worth closer examination for two reasons: i) We can analyse a strategy's effectiveness and consider its relevance to future actions, ii) It is useful to examine how the State responds to high-profile campaigns - and be forewarned! Using the Courts One powerful line of argument is to put the State in a position where it has to defend its complicity with the illegal operations at Menwith Hill. The use of the law courts is one platform which can be used to expose the illegality - to ‘lift the lid on the secrecy'. The strategy has its limitations - it should be recognised that the Judiciary is an arm of the State and will act to support it. In his Judgment of 5th September 1997 [q.v.] Judge Jonathan Crabtree could state: "It is said that wholesale breaches of the Interception of Communications Act 1985 and of the European Convention on Human Rights must be going on … on the face of it, it rather looks as though Mrs Baird [Helen John's Barrister] may be right in this contention … as a matter of law, the fact that some sort of illegality may be going on at a military base is not our concern. An illegality of some kind is doubtless going on ... but it does not invalidate the laws governing the places." It is possible to effect a change in the law, enacted by Parliament, by amendment or invalidation through High Court precedent and further scrutiny by the Law Lords. The legal process is long, tedious and can be ruinously expensive, except for those who possess nothing. The WoMenwith Hill peacewomen have been engaged in a number of trials, which have attempted to get the courts to examine the legality of the NSA's operations at Menwith Hill. The following accounts are a representative sample to illustrate the strategy. Resulting from their non-violent direct actions at the base, 18 women from WoMenwith Hill Women's Peace Camp have served prison sentences. Many more have been arrested, spent time in police custody and defended themselves in court. Many women have not been arrested but have acted to support the women who are. The WoMenwith Peace Camp[aign] is dependent on the financial support of many women who have never physically been to the camp. Although, regrettably, limitations on the length of this article preclude an account of all the peacewomen's actions, yet it must be acknowledged that the WoMenwith Women are principled, courageous and have the integrity to foresee and face the consequences of breaking the law. For clarification a selection of events is presented in the Appendix in chronological order. Legality of Occupation The legality of the US NSA's occupation of Menwith Hill has been questioned in the courts. The 2 most recent cases are examined here, for others see the Appendix: A. the High Court hearings about Injunction of the peacewomen and 2nd eviction of the camp; B. the legality of 'Star Wars' was questioned in the case brought against women who cut the fence erected to protect the SBIRS developments. A. High Court Hearings November 17th 1997 North Yorkshire County Council, issued a High Court Writ seeking an Injunction to stop any peacewomen camping near Menwith Hill. A High Court Writ has to be served on the individuals; it cannot be served on an anonymous 'camp'. The names of 13 peacewomen were supplied to NYCC by the MoD police in the base [q.v.]. The MoD police had names only of women recently arrested at MHS, not all those resident at the WoMenwith Peace Camp. December 13th 1997: Only three of the named women who had been identified appeared in court. The case against the women was brought by the NYCC Highways' Authority, owners of the Kettlesing Head lay-by land. They alleged that the camp was causing an obstruction of the highway, was an unlawful encroachment on roadside waste and that it was a danger to users of the highway because it was a distraction to motorists. The peacewomen maintained that the European Convention on Human Rights gave us the right to assemble and protest about the illegal operations of the NSA at Menwith Hill and that legal precedent established that such protest was 'reasonable user' of the highway. The case was adjourned to allow written Affidavits to be prepared. Between December 13th 1997 and July 14th 1999 there were five High Court hearings and hundreds of pages of documents. The case was seen as a 'test case' as it was the first time the Human Rights' Act 1998 was used to support the defence. June 22nd 1998: Mr Justice Hooper granted the NYCC an Injunction to stop three named women, Jenny Gaiawyn, Helen John and Anne Lee [the only women the NYCC had positively identified for service of Writ] from residing overnight in the vicinity of Menwith Hill. The NYCC had omitted to apply for a Repossession Order for the land! WoMenwith Hill Women's Peace Camp continued. The camp by this stage consisted of 10 caravans and a 'mobile home' static van. The Sticky House, used as a communal kitchen/social area. [The caravans included The White House and The Winter Palace]. October 29th 1998: The judge adjourned the application hearing to await the November 1998 enactment of the Human Rights' Act, which was relevant to the case. Provisionally he issued a High Court Order giving 28 days notice to remove all caravans but one. November 27th 1998: The NYCC had maintained in their case that the camp was permanent, so, in order to demonstrate that it could be removed at will, the peacewomen removed all 10 caravans and all paraphernalia for outdoor living, except for The Sticky House. We demonstrated that the site was undamaged and unpolluted. February 5th 1999: It emerged during cross-examination of the NYCC Highways Authority's Chief Maintenance Engineer, who was under oath, that all documentary evidence relating to the local authorities' collusion with Menwith Hill had been deliberately withheld from the peacewomen. The judge adjourned the trial and ordered 'discovery' of all correspondence within one week. The NYCC 'discovered' 61 relevant documents, which revealed that the instigation for the eviction proceedings came from the Menwith Hill authorities. Also exposed was the MHS MoD police 'smear' report, which castigated the peacewomen and had been used by MHS as justification for their application to evict the WoMenwith Hill Peace Camp. The peacewomen submitted a further affidavit arguing that the State is aware of the illegal operations at Menwith Hill and was thus guilty of covert unlawful collusion with the US NSA, which was tantamount to abuse of process. July 14th 1999: Mr Justice Hooper granted NYCC repossession of the land at Kettlesing Head, but he acknowledged that the WoMenwith Hill peacewomen are honest, sincere and possibly raising issues of public concern. He authorised that the peacewomen could have a daily presence in the lay-by, provided that the women do not reside there during the hours of 11 pm to 7 am. B. Star Wars Legal Challenge June 19th 2000: On the third anniversary of the submission of SBIRS Planning Applications to the Harrogate Borough Council, three women, Angie Zelter, Helen John and Anne Lee, cut though a gate in the sound-alarmed security fence recently erected to protect the SBIRS developments. The women gained access to the Operations' area of the base before being apprehended by the MoD police. The action was widely publicised as it had been filmed for regional TV news. October 30th/31st & December 15th 2000: The defendants admitted cutting the fence but in this trial we abandoned our usual ‘lawful excuse' defence that we were attempting to prevent the greater crime [i.e. NSA's] under Section 5(2)(b) of the Criminal Damage Act 1971. Instead we used a defence under Section 5(2)(a) of the same Act, and maintained that if the owners of the property [the public] were aware of all the circumstances relating to the offence, then they would have consented to the damage. This defence required that we prove that the fence belongs to the public - the UK MoD holds it in trust for the people in the same way that the Highways' Authority 'owns' the 'queen's highway'. Although the US NSA purchased the fence, paid for its erection and is the user, it does not 'own' it. This is a convenient arrangement for the US military, as, when they no longer have any use for a base, they can merely switch off the systems, walk out and take no further responsibility. Thus, at Greenham Common the US left the UK authorities to foot the bill for the clean up of the pollution they left behind. We presented evidence of the SBIRS developments and the preliminary findings of the European Parliament's ECHELON investigation as proof that what is going on at the base is being withheld from public scrutiny [it's top secret]. We asserted our sincere and honest belief that the public would support our action if they knew the truth. District Judge Browne, in summing up stated that we had not satisfactorily established that this was our state of mind at the time the damage was committed, but in this case he made a mistake. The 'burden of proof ‘was on the prosecution to establish 'beyond all reasonable doubt' that this was not our state of mind at the time the act was committed! At this point the District Judge had to admit he was in error. He ordered a re-trial, although technically we should have been acquitted. May 6th 2001: The case was retried before District Judge Joanna Alderson. Angie did not attend the hearing. We were convicted, but sentence was deferred for 3 weeks to permit pre-sentence report. May 21st 2001: Helen received 3 months and Anne to two months custodial sentences. There is no doubt that Helen John’s standing against Tony Blair on a ‘No Star Wars’ platform in the 2001 General Election was an effective publicity stunt – especially as the campaign was conducted from prison! November 7th 2001: Angie received 2 months custodial sentence. We decided not to appeal to the Crown Court because we shall want to use the same line of defence in future [Crim. Dam. Act '71, s 5(2)(a)]. If we were now to take it to the High Court a judgment which found against us could set a precedent, which would not allow us to use it again. Since we were convicted in May, however there have been significant developments, which would have a bearing on our defence. The European Parliament endorsement of the ECHELON investigation's conclusions; the forthcoming closure of Bad Aibling; the concern expressed by the local council that the base might become a target for 'terrorists' and the USA's abrogation of the ABM Treaty are some of the factors which would support the argument that the public would consent to the damage. Currently we are considering what the next 'move' is going to be. Helen John is considering an application to bring an out-of-time Appeal on the grounds that there is new evidence. The Labour Party and the Left On a broader front, the immediate campaign objectives must be to work with those institutions that are influential in effecting changes in policy. Thus the impact of the Trades Union Movement on the ruling Labour Party must not be underestimated. Historically the Labour Party was founded by the Unions to represent the interests of the Working Class in Parliament. The fact that the Labour Party leadership has moved to the Right does not mean that its old allegiance no longer exists. The Manufacturing, Science & Finance Union, MSF, for example, which passed an anti-'Star Wars' Resolution at its Annual Conference in May, 2001, sponsors between 80 and 90 Members of Parliament. Prior to the annual Trades Union Congress in September 2001, 18 Trade Union General Secretaries signed an open letter to the press condemning 'Star Wars'. No Resolution was considered by TUC 2001 because it was dissolved on its 2nd day, September 11th, as a consequence of the tragic events in the USA. By the time that Parliament went into Summer Recess in July 2001, 276 MPs has signed the anti-'Star Wars' 'Early Day Motion' tabled by Malcolm Savidge, requesting a Debate in the House of Commons at an early date. Traditionally neither government Ministers, nor Whips, sign EDMs, so the 216 Labour MPs who signed represented 2/3rds of the Parliamentary Labour Party. The Labour Party Conference in October was overshadowed by events in the USA, nevertheless Labour Action for Peace and Labour CND organised a packed 'Fringe Meeting', at which Helen John from the WoMenwith Hill Women's Peace Camp was able to address Conference delegates on the 'Star Wars'/Menwith Hill issue. 'Star Wars' cannot function without the 'forward bases', nor can the 'forward bases' function without the collaboration of the local authorities. It is possible to identify the support systems on which the bases are dependent and focus some resistance to the provision of essential services. Could a dustmen's strike make Menwith Hill unworkable? The mind boggles! There are, however, many more services supplied by contractors and the local authorities, the withdrawal of which would make it impossible for the US to occupy the bases. Under the Visiting Forces' Act of 1952, the State, by law, has to provide the services required by NATO bases - but 'Star Wars' is not a NATO project. Local Council Position The Harrogate Borough Council, in whose District Menwith Hill is based, is unanimous in its support for the base, as it contributes massively to the local economy. The financial benefit to many people in Harrogate means that MHS is not unwelcome. The base is the 2nd largest employer of local labour and currently is estimated to inject £62million a year into the otherwise near-bankrupt local area. Recently, however, the council has been subjected to such pressure from objectors, particularly it has been bombarded with objections to 'Star Wars' developments, that it took the unprecedented step of writing to the Prime Minister. The Council demanded information about the implications of Menwith Hill's 'Star Wars' role for the local community. In October 2001, Councillors and Executive Officers from Harrogate Borough and North Yorkshire County Councils were invited to attend a meeting with top MoD Civil Servants in London. They were given assurances that Menwith Hill is considered to be of the highest importance for our national defence. They were certainly briefed on how to respond to objectors, as letters we have since received from the Harrogate Chief Executive testily. Their fears that the locality could become a 'terrorist target' were mollified. Armed North Yorkshire police have now been assigned to anti-terrorist patrol of the Menwith Hill vicinity. Anybody who is in the area is liable to be questioned and asked to produce identification. The Home Secretary has granted a provisional £1 million to pay for these police. They would be totally useless to counter any 'terrorist' attack on the base! State Response In the UK, while acknowledging that circumstances are very different elsewhere in the World, the historic struggle of the Working Class has won a position where it is possible to oppose the State without fear of severe reprisals such as the death penalty, torture or long incarceration. The State, however, has means at its disposal for neutralising opposition & is intending to increase its powers with anti-terrorist measures, which may have serious consequences for all extra-parliamentary activists. Modem technology gives the State considerable powers to counter its opponents. We learned lessons from the tactics used to break the Miners' Strike, discredit the anti-Poll Tax Campaign, harass the Greenham Women and castigate the WoMenwith Hill Women's Peace Camp. We learned this lesson: that if a movement has any likelihood of achieving success, the State has a strategy to undermine its effectiveness. Its main 'weapon' is a compliant media, which by vilifying the leadership', or making it appear they are dangerously mad [remember 'Barmy Benn of the Loony Left'?], ridiculing or criminalising the participants ['rent-a- mob'], will alienate public sympathy for the objectives of the campaign. The State is capable of exploiting the dirtiest, most dishonest and vicious methods, such as infiltrating informers and 'agents provocateurs' to split the campaign and divide its energies by 'in-fighting'. We discovered that the Right Wing controlled media is willing to disseminate distortion and generate hysteria with the aim of indoctrinating the public. The State will be presented as justified by high moral principle ['upholding democracy'], while the media attacks the integrity of dissidents. It will thus divert attention away from the issues. The public will then countenance the blatant corruption of the Executive and the Judiciary and will condone illegal measures such as restriction on travel [‘flying pickets’] and covert surveillance of activists, including mass telephone tapping. Nevertheless, the State is not invincible! It has to be conscious that to maintain its sanctimonious image its behaviour must not be identified with that of the worst dictatorships - it must maintain the appearance of 'democracy'. It had no strategy for countering the actions of the peacewomen at Greenham Common. Were the Riot Police to be seen to attack women who were apparently doing nothing but sit and sing? This is one of the reasons why NVDA can be FUN. Conclusion A small proportion of the thousands of visitors to the Womenwith Hill Women's Peace Camp called to tell us that we were wasting our time, that our protest was ineffective because we had not achieved closure of Menwith Hill. We never anticipated that it would be quick and easy! Anyway, it would not achieve an end to the 'Star Wars' programme if we succeeded in closing Menwith Hill only to have the SBIRS operations move elsewhere. It is essential for the campaign to be international. The 'Global Network Against Weapons and Nuclear Power in Space' is growing in strength and numbers. Many of the international peace organisations, such as the Women's International League for Peace and Freedom, the Campaign for Nuclear Disarmament, etc, are affiliated. The use of the Internet, a peaceful use of space communications' satellites is a major tool of the global organisation to keep affiliated groups in contact with each other! Public opinion has changed as a result of the publicity generated by the anti-'Star Wars' campaigns. An opinion poll conducted in the summer of 2001, revealed that nearly 70% of the British people opposed 'Star Wars'. Whether or not the campaign of opposition to 'Star Wars' makes significant progress during 2002, it is evident that it has regained the momentum it lost in the immediate aftermath of September 11th . This was illustrated by the women's gathering at Menwith Hill on December 12th 2001, the anniversary of the 'Embrace the Base' demonstration at Greenham Common. It was exciting, inspiring, empowering and fun. Next year it will be even better! I do not anticipate that there will be universal agreement with the opinions I have expressed. Unfortunately limitations on space mean that I have had to abbreviate. Contributions to a debate about campaigning strategies would be appreciated. Appendix WoMenwith Hill: Some recent historical perspectives July 1993: Establishment of a regular WoMenwith Hill Women's Peace Camp at 'Windy Comer' [NW corner of the base] on the third weekend of every month. [Steeplebush II, presumed future Control Centre for SBIRS European Ground Relay, was still under construction]. October 1993: TV broadcast of The Hill [producer Duncan Campbell] and the US ABC TV News Report [producer James Bamford] which showed peacewomen trespassing inside Menwith Hill and finding evidence, which confirms that the NSA runs the base. The objective of collecting documentary proof of NSA's occupation, which could be presented to a court of law, was to support the argument that the occupier of the property is rightfully the body to bring cases of trespass to trial - in which NSA would have to face cross-examination! Late October 1993: The US Senate Intelligence Committee set up an Inquiry into the major breach of security shown in The Hill and made recommendations for dealing with Menwith Hill's security loopholes. The first move that MHS made was to order that all papers being hand-carried from one building to another [they are very distrustful of electronic systems - they can be intercepted!] should be inside opaque folders. They ordered fine shredders [we saw the catalogues and orders]. They initiated 'Security Awareness Training' [we saw the posters advertising Morale, Welfare & Recreation is Security Aware]. After three weeks the main source of the information dried up [padlocked and fenced]. We had anticipated that, but were surprised how long it took them to discover it! By that stage, anyway, after nearly two years, it was yielding almost nothing new. January 1994: The Women's Peace Camp was held on the weekend of January 30th/31st to coincide, in solidarity, with actions at Waihopi NSA Base in New Zealand [Aotearoa]. On the night of January 30th a spectacular moonbow [a rainbow created by the full moon] gave its name to a second campsite established on the SE corner of the base the following day, 'Moonbow Corner'. Although 31 women participated in the blockade of the A59 highway on Monday morning, while others held banners, leafleted or acted as legal observers, only nine were arrested and charged with obstruction. It was evident that the blockade had an impact on the Menwith Hill authorities; it brought the direct action protest into the public arena. The A59 is the main access road to the base for personnel and delivery of supplies. Hand-carried, security-escorted, sensitive materials move back and forth between MHS and, e.g. Bad Aibling, via Leeds-Bradford Airport, which must cross the A59. Blockades could have a serious effect on the MHS administration. Bigger blockades could bring it to a standstill, as had been demonstrated by the women at Greenham Common in the 1980s. At the trial of peacewomen charged with obstruction of the highway, the defendants argued the justification that their actions were taken to prevent a crime - that is, the NSA's illegal occupation and activities at Menwith Hill. The Stipendiary Magistrate acknowledged the honesty and sincerity of the women and granted them an Absolute Discharge. At subsequent trials for similar blockades the women were granted Conditional Discharge. Early 1994: A US reporter told us that Denis Deconcini, Chair of the Senate Intelligence Committee, had reported back to Congress. He reassured the House that the peacewomen shown in The Hill had "... not compromised the projects … .not jeopardised the mission..." at MHS. We were unofficially, but reliably, informed that measures further to secure the base were being deliberated and implemented. We unofficially but reliably informed the base that the security breaches and the build-up of the women's peace campaign would continue with added zest. Spring 1994: Mercury Communications [now part of Cable & Wireless] installed a length of cable duct along the A59 highways' verge on the southern boundary of MHS [it went through Moonbow Corner!]. The fibre-optic cable was installed and connected up to the Castlemaine SBIRS Control Centre in 2000. More than three years before any Planning Application was submitted to the Harrogate Borough Council, the infrastructure for 'Star Wars' was being constructed. [16] May 1994: The ten-day Amazon Festival, which also included another blockade of the A59, held at Moonbow Corner, established a full-time, Greenham Common-style, Women's Peace Camp. Women were now trespassing daily into the base, but could not be arrested for doing so unless they were suspected of criminal damage. Summer 1994: It was evident that the Women's Peace Camp was seen by MHS as a threat and that they were contemplating further security measures. During the summer of 1994 women witnessed two 'site meetings' when ten or twelve 'men-in-suits', assumed to be lawyers or civil servants, were ferried about by senior MoD police officers. They actually got out of their vehicles to observe and discuss how to eradicate the Women's Peace Camp. They carelessly left copies of the old 1986 Byelaws on display in the vehicles, so we anticipated that this would be one of their future tactics. Autumn 1994: MHS made attempts to define the base boundary with marker signs, posts and wire fencing, which kept 'mysteriously disappearing'. We realised that this was an attempt to define the base boundary in anticipation of re-introduction of the Byelaws, because the 1986 Byelaws had been invalidated in the High Court in 1992, partly on the grounds that the boundary was imprecise. [17] October 1994: By this time it was apparent that Moonbow Camp was well established, with three caravans and two transit vans. North Yorkshire County Council's Highways' Authority first requested peacewomen to remove Moonbow Camp, which was located on the wide verge at the comer. We suspect that this was instigated by MHS, as they certainly did with the 1999 eviction [q.v.] January 1995: Harrogate County Court granted the NYCC Highways' Authority a Repossession Order for their land. March 13th 1995: NYCC served Eviction Notice on Moonbow Camp. Women were given 28 days in which to leave. March 15th 1995: Malcolm Rifkind, Secretary of State for Defence, issued a Public Interest Immunity Certificate to prevent documents obtained from inside MHS being presented in court. This was then the only prima facie evidence that NSA is in occupation of MHS. April I8th 1995: Moonbow Camp was evicted. Rocks and earth mounds were dumped on the site to prevent re-occupation. The peacewomen moved the Women's Peace Camp to the Kettlesing Head Lay-by 1/4 mile east along the A59, which proved to be a better site for visibility and visitor parking. July 1995: US Army's Intelligence and Security Command [INSCOM] ostensibly took over command of MHS. NSA's Chief of Station, Dr N Addison Ball left and US Base Commander, Colonel G Dickson Gribble arrived. [Peacewomen had advance notice from The Station Break, so we commemorated the event with placards. The MHS authorities were so furious they complained to the Home Office! [As we were outside the base it was a civil police matter]. This highlights the humorous features of the Greenham Common and WoMenwith Hill women's peace campaigns. They are hugely embarrassing to the US military -who cannot bear to be ridiculed. Information we acquired in 1995, such as the Base Commander's Qualify of Life Survey, suggests that the US Base Commander's function is to oversee the administration of the MHS 'community'. The SIGINT activities continue to be administered by the NSA's Director of Operations, who is a 'civilian' US DoD employee. The INSCOM 'command' complies with the term 'Forces' under NATO SoFA. The legitimacy of the NSA's occupation arrangements was examined in the trial of Lucy Mackey, at Ripon Magistrates' Court in 1995. Lucy is the only person to have faced trial for 'aggravated trespass' into MHS contrary to the Criminal Justice & Public Order Act. At the July 4th US Independence Day celebrations, Lucy listened to Dr N Addison Ball address the assembly with the statement: " … how ironic it is that there is a peace camp outside the station, professing to uphold peace, truth, justice and freedom, when in fact, it is we who are the upholders of peace, truth, justice and freedom." Lucy ran in front of the speakers' platform shouting: "NSA murdering spies!" In her defence she argued that the aggravation had been caused to the US NSA and that properly they, and not the UK MoD, should be bringing the case to trial. The MoD Land Agent, Mr Duke, testified for the prosecution that Menwith Hill is Crown Land held by the UK MoD and that the US NSA is a lawful tenant. The law allows for the tenant or the landlord to bring the case for aggravated trespass. He stated that there is a legal Lease and that the document is in his office cupboard in Catterick Garrison. The three magistrates debated whether to accept Mr Duke's 'hearsay' evidence, or adjourn to allow him to go and get the Lease. Regrettably they decided to accept his testimony. Lucy was convicted. She entered an Appeal to the Crown Court, but later withdrew it in anticipation that there would be bigger publicity if it involved a group of peacewomen, not a single individual. We anticipated future opportunities to bring similar cases, in which peacewomen would be able to pursue the issue of NSA's occupation. The opportunity has not arisen because the MoD police have avoided bringing any further trespass charges under the CJ&PO Act. September 1995: Notices advertising the proposed reintroduction of Byelaws were published. Representations were invited from the public, to which we responded that as trespass was already covered by Act of Parliament, the CJ&PO Act, it is not possible to have two different Acts for the same 'offence'. We welcomed the opportunity the Byelaws would give us to question their validity in the courts. January 19th 1996: The 'RAF' title was dishonestly, but officially introduced, when Michael Portillo, then Secretary of State for Defence, enacted the Menwith Hill Byelaws. Squadron Leader Edward ['Ted'] Sumner was appointed 'RAF Commander'. February 19th 1996: The Byelaws, making trespass into the base a criminal offence, came into effect. The Byelaws presented us with another opportunity to question the legality of Menwith Hill The MoD apparently did not anticipate that we would get arrested and charged with trespass, deliberately to put the maker of the Byelaws, the UK Government, on trial, by alleging that the Byelaws were illegal because made male fides - in bad faith [q.v.]. February 24 1996: Helen John and Anne Lee called at Colonel G Dickson Gribble's house, inside MHS, to enquire when he would be leaving, "as the Royal Air Force is now in command of MHS" We were arrested and charged under the 'RAF' Menwith Hill Byelaws. April 3rd 1996: Pleas of 'not guilty' to Byelaws' trespass were entered at Ripon Magistrates' Court. May 16th 1996: Lord Jenkins of Putney, acting for the defendants, tabled a Written Parliamentary Question to the House of Lords, which was answered by Earl Howe on behalf of the MoD. The answer officially acknowledged for the first time that "... Menwith Hill operates as a field station of the US National Security Agency..." The stock answer invariably issued by the Commons prior to this date was "... Menwith Hill is a communications' relay station engaged in research ..." June 1996: Helen John applied to Harrogate Magistrates' Court for issue of Witness Summonses, requiring their attendance at court to testify in her defence, for inter alia Michael Portillo and his 'boss', the Prime Minister, John Major. The application was rejected as "frivolous" by the Harrogate magistrates. September 2nd & 3rd 1996: Harrogate Magistrates' Court trial opened of 12 peacewomen from WoMenwith Hill Women's Peace Camp charged with trespass in breach of the 'RAF’ Menwith Hill Byelaws. Helen John's and Anne Lee's defence that the Byelaws are invalid would, if the defence won the case, affect the outcome of all the others, so the other women's trials were adjourned to await the outcome of the 'test case'. The unusual aspect of this case was that the 'burden of proof’ rested with the defence not the prosecution. The case had to be 'shown on a balance of probabilities' not 'beyond all reasonable doubt', which gave us the opportunity to present lots of evidence relating to the NSA's occupation of, and activities at, MHS. Duncan Campbell appeared for the defence as an Expert Witness. The Stipendiary Magistrate, Neville White, concluded that we could not prove our case without the testimony of the Byelaws' maker, Michael Portillo. We were convicted, sentenced to two years' Conditional Discharge and entered an Appeal to the York Crown Court the same day. September 12th 1996: On behalf of the Menwith Hill authorities, the MoD police at MHS produced a statement [q.v.] signed by Senior Police Officer S Barlow, which misrepresented, distorted and exaggerated alleged criminal activities committed by the WoMenwith Hill Women. September 23rd 1996: The MoD police 'smear' report was used by Squadron Leader 'Ted' Sumner as justification to support Menwith Hill's application to the North Yorkshire County Council's Executive for eviction of the WoMenwith Hill Women's Peace Camp from their Kettlesing Head site. How to remove the camp and prevent the women from relocating elsewhere, was discussed and agreed at a meeting [q.v.] held between NYCC's Environmental Management Chief Executive, 'Mike' Masterman and 'Ted' Sumner, 'RAF Commander' [in reality Liaison Officer for NSA]. The fraction of the costs of eviction that Menwith Hill would pay NYCC was discussed but not decided. Following the meeting Masterman referred the matter for advice to the NYCC Legal Department and Sumner referred it to the Treasury Solicitors, who act for the MoD. The significance of the timing of the moves to eradicate the Women's Peace Camp indicates that MHS desired the camp removed before they made a public announcement about SBIRS developments. They could not have anticipated that it would take them three years, nor that eviction would not see the end of the women's protest. Summer 1996: Menwith Hill was given a new, upgraded designation as 'Regional SIGINT Operations' Center', one of five globally. [18] March 17th 1997: Delegates from the US-based 'Global Network Against Weapons and Nuclear Power in Space' visited Womenwith Hill Women's Peace Camp to discuss US Space Command's recently published Vision 2020 and its significance for a revived 'Star Wars' programme. Menwith Hill was recognised as an important factor in the US plans lurther to militarise orbital space. April 1997: Helen John was granted York Crown Court Witness Summonses, requiring their court attendance to testify in her defence, for John Major [Prime Minister], Michael Portillo [Secretary of State for Defence], Malcolm Rifkind [formerly Secretary of State for Defence], Michael Howard [Secretary of State for Home Affairs - and the only person authorised to issue warrants for interception of communications]. Colonel G Dickson Gribble [US Army Base Commander MHS], Squadron Leader 'Ted' Sumner [RAF Commander] and the Chief Executives of the telephone companies, British Telecom, Vodaphone and Mercury Communications. All the Witness Summonses, apart from Michael Howard's, were served personally on the people summoned. May 1997: The Tories lost the General Election. John Major and his Cabinet were thrown out of Office. Michael Portillo was not re-elected to Parliament and ought not to be able to claim exemption on grounds of 'Parliamentary Privilege', from testifying in Helen John's defence. June 1997: Planning Applications were submitted to the Harrogate Borough Council Planning Department for Menwith Hill's new additional role as European Ground Relay Station for SBIRS. The plans consisted of the two 'Grapnel' radomes Support Buildings, a Battery House [19], 'Castlemaine' Ops extension to Steeplebush I l and the Mission Support Building. They omitted to put in application for the battery chargers! By the stage when a Planning Application is submitted, the decision has been made; the research and development is completed; the funding has been allocated by the US House Appropriations' Committee; the rockets carrying the satellites are due to be launched; some of the infrastructure for the down-link will be in place [such as the 1994 cable-duct installations]. It is a fait accompli. July 31st 1997: This was the final day before the High Court went into Summer Recess. Our Appeal was due to start at York Crown Court on the first day of the new Term, in September. In a flagrant abuse of process, Helen John was summoned at extremely short notice to attend the High Court. Just before the hearing opened, she was given [and with no time even to read them] some of the arguments from the lawyers, representing those who were applying for the striking out of Witness Summonses. There was also an application for the striking out of the Witness Summons for Michael Howard, which had not been served. We took this as evidence that we were under covert surveillance. Twelve 'men-in-suits', in addition to the MoD and NSA legal teams, sat behind us in the court. We detailed the abuse of process in our submissions to the European Parliament's Temporary Committee of Inquiry into the ECHELON Interception System, 2000 - 2001. September 1997: Appeal by Helen John and Anne Lee against conviction for trespass under the 'RAF' Menwith Hill Byelaws, heard by Judge Jonathan Crabtree for five days at York Crown Court. In support of our defence that Michael Portillo had enacted the Byelaws male fides we had to establish that Menwith Hill is a US NSA civilian base [engaged in unlawful interception of communications contrary to the Interception of Communications Act 1985] and is not a military base, to which the Byelaws, enacted under the Military Lands' Act 1892, could apply. We presented as evidence: Copies of documents obtained from inside the base - but did not forewarn the court that we intended to do so! a) Copies of documents obtained from inside the base - but did not forewarn the court that we intended to do so! b) The House of Lords PQ by Lord Jenkins of Putney, c) Duncan Campbell's testimony as an Expert Witness, d) Tony Benn's testimony as an Expert Witness. The Witness Summonses served on the Chief Executives of BT, Vodaphone and Mercury were not rescinded by the High Court. BT's lawyers responded with a letter outlining their services to Menwith Hill, which revealed far more information that they realised. [20] BT sent an Expert Witness to court. The judge heard an application 'in Chambers' that he should not be allowed to testify as it would be 'breach of confidential information and not in the public interest'. The judge agreed and ordered the letter from BT withdrawn from evidence and its contents kept confidential. Too late! Duncan had published it on the Internet three weeks previously. We won the Appeal, not on the male fides defence, but on an ultra vires argument that 2/3rds of the land in the base is not used for military purposes, so it falls outside the scope of the Military Lands Act. It is used for grazing sheep. The Byelaws were pronounced invalid. The Judgment is posted on the Yorkshire CND website. [21] We now recognise that the 'victory' was disastrous for this attempt to make the UK Government answerable in the law courts! Judge Crabtree's ultra vires ruling was overturned, on Appeal by the MoD, in the High Court on January 22nd 1999, but our contention that the UK Government was guilty of male fides was buried in the Crown Court proceedings. There was no point in pursuing an Appeal to the House of Lords on the argument of sheep pasture! Had we lost the Crown Court Appeal on the male fides line of argument, we would have pursued it to Appeal in the higher courts. We informed the MoD lawyers that we should be starting another male fides challenge to the Byelaws in the Magistrates' Court. By this stage there were about 100 charges for Byelaws' trespass, involving over 30 women, awaiting the 'test case' decision. The Crown Prosecutor, acting for the MoD, has refused to give us the opportunity to revive the male fides challenge to the UK Government. On September 10th 1999 the CPS successfully applied to the Harrogate Magistrates for dismissal of 74 outstanding charges against 34 women. [This figure did not include charges that had not yet come to court]. Several women have since been arrested and 'reported with a view to prosecution', for Byelaws' trespass in an attempt to get a trial. Anne Lee informed the Crown Prosecutor, David Tucker, that there were new arguments and evidence to support the male fides defence. In March 2000 he replied to Anne Lee explaining why he will not allow her to bring any further 'test case' on the 'RAF' Menwith Hill Byelaws. [The decision is not his - he takes instruction from the MoD lawyers]. (Further information about the WoMenwith Hill Women’s Peace Camp[aign] is available on the Yorkshire CND website at http://www.gn.apc.org/cndyorks/wpc/wpcmhs.htm) [1] This is not intended to be a definitive analysis but rather a basis for further deliberation. I would not have the arrogance to presume that I could produce a blueprint, or even guidelines, to tell people what or what not to do - this is not a 'control-freak' ego-trip! - Anyway is it ever possible for 2 people to agree entirely about a policy? [2] Quote from a 1993 letter found in the base, from Menwith Hill's Director of Installations & Logistics to National Security Agency [NSA] HQ - SIGINT is a combination of communications and electronic intelligence [COMINT & ELINT]. [3] [q.v.] 'research' is actually a euphemistic cover-up for spying. The statement betrays knowledge of the NSA's COMINT collections - but it is not exactly a lie [4] Further information about Menwith Hill Station's technology, function & future role, can be found on the Yorkshire CND website www.yorkshirecnd.org.uk, in What Goes on at Menwith Hill? [Dave Webb, 2001] and The UK's Role in Star Wars [ibid]. The information has been compiled from various first-hand and published sources, which are meticulously annotated. [5] Star Wars Strikes Back, by Duncan Campbell, The Guardian, December 3,1998 - he also acted as consultant to Uncle Sam's Eavesdroppers, produced by Richard Saddler & broadcast on BBC2 the same evening. [6] The Station Break, MHS in-house magazine [7] And also at Pine Gap in Australia and Buckley 'Mission Control', Denver, Colorado [8] A story recounted elsewhere in the annals of WoMenwith Hill! [9] Now called MOSAIC, i.e. 'Menwith Operations Systems Analysis & Interface Connection', run by DoD contractors, ManTech International – relocated to Mission Support Building. [10] Connected to the SBIRS Ops in 'Castlemaine' in 2000 [11] Testimony to York Crown Court on behalf of Helen John and Anne Lee - appeal against conviction for trespass at Menwith Hill, September 1997 [12] In order to bring any matter to the attention of a government Minister, the procedure is to get the enquiry sponsored by an MP: fortunately our constituency MP, Harold Best, is a member of CND and opposed to 'Star Wars' [13] Planning Applications to the local authority are a formality and for information only, although the Planning Department goes through the mockery of a democratic 'public consultation' and consideration by the Council [14] The German economy is experiencing retrenchment. There is high unemployment. The euphoria attendant upon the re-unification of Germany is evaporating [15] The evidence Tony Benn presented to the York Crown Court in September 1997 consisted of extracts from unpublished sections of his Diary - contemporaneous notes of events [16] A ‘tributary’ of this cable running up the E side of the base remains unconnected – but indicates where the next SBIRS development will be located. [17] Byelaws, enacted by Michael Heseltine, Secretary of State for Defence, under the Military Lands Act 1892, were introduced at Greenham Common in 1985 as a measure designed to curtail the activities of the peacewomen. They criminalised activities such as trespass into the base. Following their introduction at Greenham Common they were enacted for a number of other bases, including Menwith Hill, in 1986. The Act of Parliament was used for a purpose for which it was not enacted, an example of the dishonest misuse of the State's powers. [18] The Workbook, Loring Wirbel, Autumn 1996 [19] The electronic equipment requires a 'true uninterruptible power supply which can be supplied only by batteries' and requires a large separate building. [20]From the description of the cables, Duncan Campbell was able to extrapolate that they had the capacity to carry c. 2 million messages an hour - out of Menwith Hill. That is, the fraction of the intercepts, which is considered important enough for further consideration, is forwarded on to NSA HQ at Fort Meade in Maryland. [21] http://www.gn.apc.org/cndyorks/mhs/crabt.htm |