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Judges set to issue verdict on legality of war
From the Swindon Advertiser, first published Monday 19th Jul 2004.
Top judges will rule on Wednesday on whether the legality of the Allies' attack on Iraq be used as a defence by peace protesters accused of sabotaging Fairford airbase.
The High Court's view on the issue was requested prior to the defence arguments which were due to be put forward at the trials of five peace protesters later this month.
Barristers representing the protesters say their claim that the attack on Iraq was illegal should be open to examination by a jury.
And they have refused to accept a ruling made at Bristol Crown Court by Mr Justice Grigson that the overall legality of the war is outside the jurisdiction of the crown court.
The judge also said at the earlier hearing the protesters could not examine the illegality of the attack on Iraq as part of their defence.
All five defendants acted to stop B-52s based at RAF Fairford from bombing Iraq in March 2003.
Philip Pritchard and Toby Olditch, from Oxford, currently on bail, are charged with conspiracy to cause criminal damage by trying to disable B-52 warplanes at RAF Fairford, Gloucestershire.
Their co-defendants are peace activists Paul Milling, Margaret Jones and Josh Richards.
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