East Midlands climate change activists who managed to shut down Ratcliffe-on-Soar power plant for several hours in early 2007 won two significant legal victories in a Nottingham court in January.
In a trial which began at the magistrate's court on 14 January, the 11 activists (some defending themselves) were allowed to put forward an unprecedented legal defence, and to call as a defence witness an earth systems scientist who said the defendants' taking action attempting to make large reductions in emissions was “not unreasonable”.
The activists pleaded not guilty to the charge of “aggravated trespass”, though they admitted entering the coal-powered plant on 10 April 2007 and locking themselves to machinery.
Raymond Smith, the station manager, told the court: “People had chained themselves to the conveyor system and the filtration system. They were nonviolent and non-confrontational.”
Assistant shift leader Christopher Marsh said: “One unit of coal was lost due to the protestors. There was a reduction in CO2 emission and loss of generation.” Defence of necessity The trial marked the first time defendants have been allowed to put forward the legal argument known as “defence of necessity” - that an action is “proportionate, fearing peril of death or serious injury” - in relation to climate change.
The defence called as an expert witness Dr Simon Lewis, a scientist at the University of Leeds and Royal Society Research Fellow.
Dr Lewis told the court of the scientific evidence relating CO2 to climate change and cited the World Health Organisation estimate that 150,000 worldwide annual deaths are attributable to health impacts of climate change.
He described the scientific consensus that increasing CO2 emissions increases the probability of death and injury to humans, and therefore that reducing the rate of such emissions would reduce the probability of such suffering.
Dr Lewis concluded by saying that unless immediate action was taken, it was obvious that death and serious injury would result.
The defendants concluded the trial by saying that they had not been protesting, but taking direct action with the sole intent of reducing CO2 emissions for as long as possible in order to protect lives.
Saving 10 lives
One defendant estimated that their action that day had directly saved 10 lives.
He quoted former US vice- president Al Gore who said “I can't understand why there aren't rings of young people blocking bulldozers... and preventing them from constructing new coal-fired power plants.”
District Judge Morris Cooper, closing the case on 17 January, announced that his written judgement would be given on 25 February. He complimented the defendants' presentation of their case.
At the end of the trial, one defendant was found not guilty and released for lack of evidence.