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The
Vine and Fig Tree Trial
By
Martin
Smedjeback, TFF Associate
February 28, 2006
In the early
hours of the 5th of August 2005 a group of planters
entered AWE (Atomic Weapons Establishment) Aldermaston
and planted vines and fig trees.
They were soon arrested for their conversion of a
nuclear weapons research facility into a peace
garden.
This is the story of the trial that followed in
Newbury Magistrates Court the 7-9th of February
2006.
An
invitation arrived
A letter came to my apartment in
Stockholm in December 2005. It read:
"Court order:
Take notice that by reason of your bail being
extended in your absence you are now under a duty
to surrender to the custody of West Bershire
Magistrates. Court sitting at Mill Lane, Newbury,
Berkshire on the 07.02.2006 at 09.45 AM."
I ask you, who can resist such a
kind invitation? Our vine and fig tree community, about
ten people from five countries, began preparing for the
upcoming trial. We sent out invitations to friends to
come to the trial. We received good help from the law
firm Bindman and Partners. They sent us a CD with
pictures from the action and a DVD with a video recording
of "the crime scene," both recorded by the police. We
also received transcripts of the police interviews
following our August arrests, and witness statements from
police officers involved in our case.
Our solicitors from Bindman's gave
us some good suggestions about how to approach the case,
but they wrote to us in their last letter,
"Unfortunately, we have come to the conclusion that you
don't have a viable defence which can be argued on your
behalf at the trial." They added at the end of the letter
that "I say this with great regret and I hope that you
will not conclude from this letter that we are
unsympathetic to you, your campaign or
values."
Our community of vine and fig tree
planters met at St. Francis House (a Catholic Worker
community) in Oxford on the 4th and 5th of February to
prepare ourselves for the trial, now joined by more
planters who were going to be support during the trial.
We shared stories, meditated, cooked dinner together,
created art, strategised and role-played.
Les facilitated a session where we
practised thinking of the trial as a gig, where we all
supported one another when we performed. Mike went
through the trial procedure and we all got to practise
cross-examination. To take the edge off our fears of
prison we also role-played some difficult situations that
could happen in prison and we tried different nonviolence
responses.
Witness
on vision and planting
The big day finally arrived.
Tuesday the 7th of February and the first day of our
trial. Two cars waited outside to take us to Newbury
Magistrates Court. Chris Cole, the secretary general of
Fellowship of Reconciliation in England drove me in his
car. Before we entered the courtroom in Newbury we all,
supporters and planters, gathered in a circle, holding
hands. We stood in silence, gathering collective strength
for the trial. Going inside we, the accused, were seated
at the back of the courtroom with our supporters behind
us.
Malin, my friend from Sweden, sat
behind me giving me comforting massages and words of
encouragement. My Israeli friend Lior was also behind me,
giving the courtroom a homely feeling by knitting
throughout the whole court procedure. The court clerk sat
a little bit higher up than us, with the highest seat
being reserved for the judge. When the judge entered the
courtroom we were told by the court clerk "Please stand!"
We all stood.
In came Madame Leigh, a district
judge. We addressed her Madame or Ma'am. She asked us
each whether we considered ourselves guilty or not
guilty. All eight of us answered "Not guilty". The
prosecutor, a young man in a striped suit, by the name of
Gregor McKinley, was addressed "Crown" by the judge. The
prosecutor had called 27 (!) witnesses to prove the
Crown's case. We intervened and managed to reach a deal
where only five witnesses were called.
One of the witnesses called into
the witness stand was PC (Police Constable) Judge (yeah,
for real). Since all eight of us conducted our own
defence we were all entitled to cross-examine all the
witnesses. Per Herngren asked PC Judge: "If you found out
that AWE Aldermaston was committing a crime would you
have a duty to report it?" He answered "Yes!" - "Would
you have a duty to stop that crime"? Again he replied
"Yes."
We used this later on in the trial
to say that the police have a duty to stop the ongoing
crime that is being committed at AWE Aldermaston through
the development of illegal nuclear weapons. Next up in
the witness box was PC Mullins. I asked him: "Did you
feel threatened in any way by us at AWE Aldermaston?"
Mullins: "No." "Did you carry any weapon?" Mullins: "No,
we got the order to disarm from the sergeant." After the
five witnesses had been at the witness box they were
released.
When the 27 police officers left
the court building I offered them all grapes. All of them
kindly declined.
The prosecutor brought out a big
heap of interview transcripts made on the 5th of August
when we were arrested. The judge and ourselves thought
that it was not necessary to read out all of the 109
pages of interviews, but the prosecutor insisted that it
was the basis of his case and thus read them all. Here
are some highlights of the interviews (slightly
edited):
DI (Detective Inspector)
Stackhouse: Why were you actually at
Aldermaston?
Stephen Hancock: As you know
Aldermaston is the Research and Development Facility for
Britain's nuclear weapons, and we really wanted to
convert this dedication to the military and dedication to
creating weapons into something useful for human life. I
am very inspired by the prophecy of Micah about turning
swords into ploughshares and everyone sitting underneath
their vine and fig trees, so by taking vines and fig
trees to Aldermaston and beginning the conversion of the
base and inviting good football fans like yourself and
anyone else who we come into contact with to join
in?
DI Stackhouse: Do you really
think that planting fig leaves at Aldermaston will
convert it into a garden?
Hancock: Well it has,
yeah.
DI Stackhouse: It is the
taxpayer who will pay the repair of the fence. Do you
feel any sorrow about that?
Susan Clarkson: I feel more
sorrow when I think of the taxpayer paying for AWE
Aldermaston as a place of development of nuclear
weapons.
DI Stackhouse: Why did you
have to get into Aldermaston?
Michael Hutchinson: Because
it was a relevant place to plant vines and fig trees and
embody that vision, because Aldermaston embodies the
exact opposite of that vision.
DI Stackhouse: What I don?t
understand is why was that really necessary, I mean was
anything really going to get gained by causing damage,
wouldn?t it have been better just to stay outside the
fence line and make a peaceful, I don?t know, sign or
demonstration or presentation of how you?re feeling and
try to sway other people?s views with peaceful activity
and nonviolent and non-confrontational and non-unlawful
activity.
Hutchinson: Well, that?s a
very long conversation. Maybe we could meet in the pub at
some time to discuss it?
DI Stackhouse: Right, a
better location certainly.
DC Hughes: How come you
ended up getting arrested for criminal damage?
Les Gibbons: I don't know. I
mean how do you get arrested when you?re planting vines
and figs? I mean, that?s a bit of a warped way of seeing
that planting vine and figs would be seen as criminal
damage.
No
sitting on the fence
The second day of the trial we, the
accused, were given the opportunity to give an oral
presentation in the witness stand. Susan Clarkson, a
Catholic nun, started in the witness stand saying, "I
went to Aldermaston because I am a Christian. I believe
in a consistent life ethic. I believe that all killing is
wrong. Aldermaston is contrary to the Gospel."
Stephen Hancock was next. He argued
that "an ongoing crime is being committed at AWE
Aldermaston. Nuclear weapons are vehicles for mass
murder. That is a fact. Developing nuclear weapons is
conspiracy to murder." He also pointed out that we were
asked to swear on the Bible as witnesses. If the court
asks us to do this they should know its content. The
Bible includes the prophecy we tried to act out. Stephen
also quoted Desmond Tutu: "When it comes to oppression
you are either for or against. There's no sitting on the
fence."
On the nuclear weapons issue there
has been too much sitting on the fence. All eight of us
were given generous room to present our defence and many
of us also expressed a sincere gratitude to the court for
letting us speak freely and for the good exchange of
ideas. All eight planters went into the witness box were
we gave our testimony and were asked questions by our
fellow planters, the prosecutor and the judge. The
role-playing we had done in our preparation really helped
because we managed to create a really good dialogue and
feeling of support for one another.
After a full day of really
inspiring witnesses we left court. When we gathered in
the circle outside the court house we received a
testimony from Bengt, a supporter and pastor from Sweden.
He told us that he had been transformed by attending the
trial. He also said to us that his 12-year old daughter
asked him to bring a message to us: "Tell them that
nuclear weapons are bad, vine and fig trees are good."
This was later quoted in court by Stephen who pointed out
the fact that we often need children to tell us obvious
truths, but then we adults must be grown-up enough to act
on them.
The
verdict
Thursday the 9th of February. The
judge had promised that today she would give us the
verdict. My prison bag with some books, stamps, a pen, a
notebook and a little money, was packed. I had prepared
myself both mentally and physically to go to prison if
that would be the sentence.
Madame read solemnly from her
laptop without looking up. In her verdict statement she
called us "9 peace protesters" even though we had again
and again tried to explain that it was not a protest
action. She found each defendant guilty of criminal
damage to a value of £1805. She also explained that
issues like nuclear weapons are not for this court. The
prosecutor wanted us to pay a fine consisting of
compensation for the damaged fence and court costs. The
judge asked us all for a "statement of mitigation". Every
one of us said that we would refuse to pay any
compensation or fine for ethical reasons. We didn't want
to give money to the Ministry of Defence which protects
illegal activity nor to the court which protects AWE
Aldermaston.
The judge went out for half an hour
to consider her sentence. When she came back we were
asked to stand up while she delivered her sentence: "Four
weeks in prison. Suspended for six months. And
compensation for the damage to the defence of £201
each."
Madame Leigh left the room and we
began to ask each other what that really meant. Those
more experienced in the court explained that it meant
that if we do not commit any criminal offence within six
months we don't have to serve the four weeks in prison.
So for the moment we are free. We went left court and
gathered for a final circle. Before we left the Court we
handed over thank you cards to the judge, prosecutor, the
court clerk and the usher. They were all signed by all of
us.
The
ripple effect of nonviolence
We spent the following two days in
Oxford reflecting on the trial, creating art, meditating,
telling stories and talking about the future of our
planting. Many in the group felt that the verdict was
almost like an invitation from the judge for us to
continue the planting. She suspended our planting, and
prolonged it. Perhaps because the conversion is not yet
finished. Aldermaston is not yet a garden.
Therefore many felt a strong urge
to answer positively to the invitation and come back and
plant within the six months. However, we didn't make any
concrete plans. Now is the time to go back home, rest and
reflect and then decide if and when we will continue the
planting of vine and fig trees at Aldermaston.
Mike talked in Court about the
ripple effect that nonviolent actions often have. With
our planting we wished to inspire, challenge and invite
ourselves and others to do some peace planting, in
whatever form it might be.
Our action has already had some
documented effect. There will be a tree planting action
at Easter at a weapons factory in Sweden. For me
personally our tree planting and the following trial has
strengthened me in my conviction that more of these kinds
of actions are needed if we really are to create peace
and justice.
The power of nonviolence has never
resonated more strongly in me than in the courtroom at
our trial. I felt that we managed to transform the Court
room. It was no longer about a broken fence. It was
instead about the illegality of nuclear weapons and about
a vision of a world in peace.
Even though they tried hard not to
show it, I felt that the judge, the prosecutor and the
police were changed by the experience. We chatted
friendly with the prosecutor in the breaks and a police
man actually gave Les a hug!
I invite every one of you to be a
part of the next planting and trial and to experience
some of the same wonderful feelings. From time to time in
the Court room I could actually see a disarmed world. It
was a beautiful sight!
Martin Smedjeback's
Final Speech
Newbury Magistrates Court
The 8th of
February, 2006
Thank you everyone in
this room for the opportunity of letting me explain my
actions in this courtroom today.
In spring of 2005 I
got an invitation from Per Herngren and Stephen Hancock
to join a vine and fig tree planting in England. After
having considered it for a few weeks I decided to accept
the invitation. In August I went to Oxford to organize
and prepare the planting together with the others who had
accepted the invitation. We discussed, made decisions and
played role plays to ensure that we would do our civil
disobedience in a nonviolent and safe way for all parties
involved, including the police. On the 4th of August 2005
some of us went to Aldermaston to plant vine and fig
trees outside of Aldermaston. There we also established
contact with the police and let them know that we would
come back for some more planting. In the early morning of
the 5th of August we went back and planted some more vine
and fig trees, both inside and outside of
Aldermaston.
The tree planting I
did at Atomic Weapons Establishment (AWE) Aldermaston on
the 5th of August 2005 was not a spur of the moment thing
for me. I have been working full time with peace issues
for almost five years. I have been thinking thousands and
thousands of hours on how to create peace in the world.
For me the trial is not about a broken fence - it is
about the world we want to create tomorrow.
What makes humans
truly unique is our ability to imagine. It is our ability
to see another future and to have visions of something
better. With my planting of vine and fig trees at AWE
Aldermaston I wanted to create a small part of my vision
for the planet. We, humanity, have the power to make
peace happen. If we truly can see a peaceful future where
no one has to be afraid, then we can feel secure enough
to disarm.
When I was interviewed
at Newbury Police Station the 5th of August 2005 I was
asked by Detective Inspector Stackhouse if there wasn't
any easier and more legal means to draw attention to our
cause. I answered that yes, there are certainly many ways
to work for peace, both more easy and more legal. During
my five years of work for peace I have used only
non-arrestable means. I think this work is of great
importance and value. But sometimes when you want to live
your vision; lines are crossed and boundaries broken.
That is what happened on the 5th of August 2005 at AWE
Aldermaston. Our vision of a world of peace collided with
the lack of vision and trust that some political leaders
have. That is why we are in this courtroom today.
I could have stayed at
home in Sweden and not have gone to this trial. I could
have escaped my sentence. But I chose to answer your
invitation to be a part of this exchange of thoughts in
this trial. I am willing to take the consequences of my
actions on the 5th of August 2005. If you want to send me
to prison for my action of peace you are entitled to do
so. I still face very little punishment compared to all
human rights activists sitting in prison today. But you
don't have to send us to prison or to give us a fine. If
you also, Madame, share the vision of peace, you can by
declaring us not guilty be a part of making this vision
of peace a reality. It would not be the first time a
similar thing has happened in a courtroom.
So why did I decide to
be a part of creating a garden in a research facility for
nuclear weapons? The answer for me is that it is not
enough to have a vision, it is not enough to think and
speak beautiful words. Neither is it enough to do actions
without thinking, to work without goals. If we truly want
to change the world into something better, then vision
and work have to be one. That is what we tried to embody
by planting a garden at the most deadly place we could
find. Thank you for listening.
Martin Smedjeback
martin.smedjeback@comhem.se
Planting links:
The
official vine and fig tree homepage
Some of the articles about the
trial in Swedish papers:
Dagens
Nyheter
Svenska
Dagbladet
Kyrkans
Tidning
AWE
Aldermaston
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TFF & the author 2006
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