"The decision to remove these verdicts from the province of the jury is
one that this court does not take lightly," said Miller, who presided
over the jury trial.
If ever there was a trumped-up charge, this was it. The case stemmed
from a voyage the Arctic Sunrise made into Alaskan waters in 2004
to protest irresponsible forestry practices.
The Arctic Sunrise had, and still has, all of the international environmental standards certificates required.
Stichting Marine Services (SMS) – the operator of the Arctic Sunrise –
made a clerical error in not getting state confirmation of an oil spill contingency plan. A
representative of SMS admitted the error, corrected it, and made it
clear SMS were ready to accept the consequences. However, apparently because the
ship's operator didn't provide a juicy political target, the
responsible party was never prosecuted in favour of a target the state
prosecutor liked better: Greenpeace USA.
The fact that three defendants who didn't own or operate the
Arctic Sunrise were forced to stand trial demonstrated just how
politically motivated the charges and the case were. Greenpeace
USA was working to save the Tongass forest against powerful political
and commercial interests. And for that, the authorities wanted Greenpeace to bear the
full brunt of the law. Any law. Even if the State had to stretch to
make it stick.
The decision was the equivalent of fining someone US$ 200,000 for
forgetting to have their driver's license in their pocket, when the
person they charged wasn't even driving or in fact required to have a
driver's license. Authorities
who didn't want their poor environmental record exposed became
hell-bent on punishing us for highlighting environmental destruction.
It's become a chillingly familiar pattern. Last year, US Attorney General Ashcroft
took Greenpeace to court under a century-old law governing "sailor mongering" (prostitution)
in an unprecedented legal harassment of a public-interest organisation
for the peaceful actions of its supporters. In that case, we were
exposing a shipment of
Brazilian mahogany into Miami which was illegal under US law. The
destroyers of the Amazon went free, while the Bush Administration put
Greenpeace on trial.
And in the news currently are revelations that the
FBI has been using anti-terrorism funds and powers to spy on critics of the Bush Administration like Greenpeace, the American Civil Liberties Union, and a raft of other public-interest groups.
Reacting to the Alaskan judge's decision to throw out the charges
against Greenpeace, assistant attorney general James Fayette told the
Anchorage Daily News:
"I've been a prosecutor in Anchorage for 12 years and I've never seen
this. ... I've never heard of it happening."
It's called justice, Mr. Fayette.