Court ruling favours GM protestors
16 October 2001
Court ruling favours GM protestors
By FWi staff
A HIGH COURT judge has ruled that public order laws cannot be used against protestors who damage trials of genetically modified crops.
In a decision which has wide implications for farmers, Mrs Justice Rafferty overturned the conviction of anti-GM campaigner Rowan Tilly.
Ms Tilly, 34, had trespassed on a Cambridgeshire field in August 1999 and started to uproot a crop of GM oilseed rape, the High Court was told.
She had been convicted of aggravated trespass over the incident, but later acquitted of aggravated trespass regarding a similar episode in Dorset.
Mrs Justice Rafferty was asked to resolve the inconsistency and decided to overturn the Cambridgeshire conviction on Tuesday (16 October).
She ruled that Ms Tilly could not be guilty of aggravated trespass as neither the owner of the field nor the owners of the crop were present at the time.
Mrs Jusctice Rafferty told the court: “I have no hesitation in concluding that presence is necessary before an offence under this section can be made out.”
Mr Michael Parroy QC, for the Director of Public Prosecutions, said the case had raised “issues of general public importance”.
An appeal would probably be mounted to the House of Lords, he said.
After the judges ruling, Ms Tilly said: “It seems to me to be a nonsense that people dont need to be present for this offence to be committed.”
- High Court hears GM protest appeal, FWi, 15 October 2001
- Court throws out GM trashing case, FWi, 12 June, 2001
- Trials spark new anti-GM action, FWi, 21 March, 2001
- Monsanto wins ban on Genetix Snowball, FWi, 25 November, 1999
- GM firm begs for government help, FWi, 6 August, 1999
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