BACKGROUND TO THE CONTEMPT PROCEEDINGS

A STATEMENT FROM THE SPEAK CO-FOUNDERS

SPEAK are an organisation that has been peacefully campaigning against the development of a new animal research lab by Oxford University, which has been under construction since March 2004. Since November 2004, SPEAK and named individuals have had an Injunction Order against them. This Order has been updated on a couple of occasions since 2004 whenever SPEAK have introduced a new dimension into the campaign.

It is quite clear that the purpose of the Injunctions is an attempt by Oxford University to silence SPEAK from telling the truth about what goes on at the university’s vivisection departments and to curtail legitimate protest against them. It has only been in the last few months that SPEAK have successfully forced the University down the route of an Injunction trial. Until now, they have been content with obtaining one temporary injunction after another, thereby avoiding the need to produce factual evidence rather than merely hearsay, innuendo and on many occasions downright lies, including branding us as spearheading ‘terror’ campaigns and being fronts for the ALF. We have at every stage been at pains to put them right on these points.

The fact that Robert Cogswell and Mel Broughton are in court on the 1st February originates from a court hearing that took place on Thursday 19th October. The reason why the two SPEAK Co-founders were in the High Court this time was because on Monday 16th October 2006, SPEAK posted on the website a story that highlighted who SPEAK believe to be the company responsible for building the new lab at Oxford University is. After all, if we weren’t able to name the company, how would SPEAK be able to protest against the company building the lab? SPEAK's right to protest and therefore its right to name the company we want to protest against is enshrined in European Convention on Human Rights, articles 10 and 11, which allows the freedom of speech as well as the freedom of association.

By 7pm on the 16th October, Oxford University solicitors had been granted an ex parte hearing (behind closed doors and without SPEAK representatives being allowed to be present) and an Order against SPEAK was made forcing it to take down the "offending" article, which we did as soon as we could. The temporary order was in place until 2pm Thursday 19th October.

Unfortunately, Mel Broughton, one of the founders of SPEAK, was informed by his solicitor that the body responsible for deciding legal aid, the LSC, had refused him public funding for the Hearing on the 19th October. Let’s not forget, Oxford University's legal fees are being paid by the Government and therefore the taxpayer - Oxford University is an institution that makes hundreds of millions of pounds a year from its various business interests. Robert Cogswell represents himself.

Oxford University are represented by Timothy Lawson-Cruttenden, who has continuously attempted to deceive and manipulate the courts and has often played on the fact that until very recently SPEAK representatives have been unable to receive legal funding. For example, in the case of our recent court appearance on the 19th October, SPEAK received an Order late in the evening of the 16th October. We were due in court on the 19th, yet neither Robert Cogswell nor Mel Broughton received any legal papers before the Court hearing on the 19th October.

Arriving at Court at 1:45pm, 15 minutes before the Court convened and not having seen any legal papers and having no legal representation, Robert Cogswell and Mel Broughton asked Mr Lawson Cruttenden if he would agree to an adjournment. He refused. The defendants then went into Court where it was explained to the Judge by Robert Cogswell that neither of the defendants had a clue of what Oxford University's legal team were going to be arguing or asking the Court for, not until the University's barrister had just stood up in Court and explained their case. He also explained that they had not being given the opportunity by Mr. Lawson-Cruttenden to see any legal papers concerning the case, only being presented with a large folder of witness statements just 10 minutes before the hearing started, which meant that neither defendant were given adequate time to familiarise themselves with what they were being accused of. Robert Cogswell and Mel Broughton were therefore given no opportunity to defend themselves adequately. Unfortunately such arguments were ignored and Robert Cogswell and Mel Broughton were forced to defend themselves against overwhelming odds.

The hearing itself was also conducted behind closed doors and the press were asked to leave the Court Room, the reason cited for this extraordinary move being that this was a necessary precautionary measure in case the name of the builder of the Oxford University animal research lab was disclosed. However, various newspapers and media outlets had already published the name of the builder and the name of the builder was easily accessible on the worldwide web.

And that in a large nutshell is called the due process of law. The Order handed down against Robert Cogswell and Mel Broughton on the 19th October orders the pair  to hand over a list of everyone on the SPEAK email alert list, even though neither Robert Cogswell nor Mel Broughton have been found guilty of doing anything wrong.

In court, it was suggested to the Judge by Robert Cogswell that he would be prepared to sign an undertaking promising to send out the Injunction to everyone on the SPEAK email list banning anyone from naming the builders. Robert Cogswell also argued that the SPEAK list would almost certainly have very young children and elderly people on it and he didn’t believe it was right to scare people by handing the list over to Oxford University for them to send official emails threatening people – law abiding members of the public who have done nothing worse than to support a legal campaign whose objectives they believe in. Furthermore it was argued that this was purely a fishing expedition on the part of Oxford University in order to gain access to a list of our supporters. On what possible grounds could it be deemed legal or credible reasoning by Oxford University to demand the names of supporters of a legal campaign?

SPEAK would like to reassure those that have subscribed to our email alerts that their identities are totally safe; they are not controlled by SPEAK in the UK but by supporters outside the UK, so no matter what happens, our email alert list will never fall into the hands of Oxford University. Our supporters’ safety is paramount to us and every precaution has been taken to secure the civil liberties and freedoms to which everyone should be entitled to in a real democracy.

SPEAK have been systematically criminalised over speaking the truth; we have been dragged through the High Court for doing so, and we have had our right to mount a legal defence whipped from under us. The whole thing from start to finish has been a charade. Our right to exercise our freedom of speech has been denied us, and what we are legally allowed to do one week seems to be rendered illegal the next.

What we are seeing here is a possible taste of things to come. Make no mistake: everyone, no matter what they are campaigning for must be alert to the dirty tricks that the authorities are prepared to use to ensure our silence. Today it might be SPEAK representatives facing imprisonment, but who will it be tomorrow? 

SPEAK are confident that whatever happens in the High Court on the 1st February, it won’t be the end of the campaign. We firmly believe that strength comes from adversity and that these difficulties are merely stepping stones towards a consolidation of our strength as a growing global movement. We firmly believe that the campaign will become stronger and more determined to stop the torture, maiming and killing of more non-human animals. Oxford University’s misuse of the British legal system to pursue its own ends has exposed its rotten underbelly, but it has also done us the favour of increasing support for our cause. What Oxford University and the British government have failed to grasp is that an ideal is unstoppable - you cannot imprison it and you cannot kill it.

In pursuing this goal, SPEAK needs your support. Just as importantly at this critical time, so do Robert Cogswell and Mel Broughton, SPEAK’s founder members. Oxford University and the Government want to hide behind the safety net of the closed court to conceal the repressive measures that are being used to stifle legitimate opposition to a moral and scientific outrage. We cannot and must not allow that to happen in a free and democratic society. A travesty of justice is taking place. Remember that it is not just our liberty that is at stake here – the repercussions extend to the wider animal rights movement and beyond. Do not become invisible, for if you become invisible, the animals will have no one left to champion their cause. Let your opposition to these proceedings be heard, and join those who refuse to be cowed into silence by the system.

A demonstration will be held outside the High Court in the Strand London on Monday 1st February. We need a big turnout, so please show your support by attending.

Demo 1st February, 9:30am, High Court, The Strand

Travel Details: http://www.londontown.com/LondonInformation/Attraction/Royal_Courts_of_Justice/a7cb/