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BARTON MOSS CAMP SEEKS LEAVE TO APPEAL PEEL HOLDINGS EVICTION
 

Star date: 10th March 2014

`JIBBERING' JUDGE PELLING BACKS PEEL HOLDINGS

"I'm not saying he's been leant on over the weekend, it's not my place to say that is it?" Colin

This morning at the Manchester Civil Justice Centre, a stuttering Judge Pelling found in favour of Peel Holdings, which sought a possession order over land where the Barton Moss Community Protection Camp is currently sited.

Outside the court, Colin, from the Camp said "The judge…seemed a very cool, calm, collected character but at the delivery of the verdict suddenly seemed to turn into a jibbering, very nervous character. I read things into that…" Tomorrow morning lawyers for the Camp will seek leave to appeal the decision before the noon deadline.

Full details here…


Barton Moss Community Protection Camp Salford Barton Moss Community Protection Camp Salford Barton Moss Community Protection Camp Salford
Barton Moss Community Protection Camp Salford Barton Moss Community Protection Camp Salford Barton Moss Community Protection Camp Salford
Barton Moss Community Protection Camp Salford Barton Moss Community Protection Camp Salford
click image to enlarge

`We're gonna roll the protest on…and if Peel Holdings get in the way we're gonna roll right over them, roll right over them, roll right over them…we're gonna roll the protest on…' sung on this afternoon's protest at Barton Moss
 

Yesterday at the Greater Manchester anti-fracking demo, Colin, from the Barton Moss Community Protection Camp told the crowd that what happened in the Manchester Civil Justice Centre today would be of national importance…

"Peel seek to set a precedent; the precedent that the most visible sign of the resistance to fracking can be crushed" he said (see here).

Indeed, this morning, Peel Holdings won its case against two named defendants to get a possession order for its land where the Camp is sited - but some strange things were going down.

On Friday it was kind of accepted that the land where the Camp is situated is actually in a farmer's field which has a long lease from Peel. Thus Peel had no jurisdiction over it. By this morning, Judge Pelling decided that the strip of land had an "absence of agricultural purpose" and therefore didn't count as being part of the farmer's field.

Even weirder was the fact that Judge Pelling stuttered all the way through this morning's verdict, a fact picked up by Colin who was also in court this morning…

"The judge, who we've been with for two days now, seemed a very cool, calm collected character but at the delivery of the verdict suddenly seemed to turn into a jibbering, very nervous character" he told the Salford Star "I read things into that, and I'm sure other people can read their own things into that. I'm not saying he's been leant on over the weekend, it's not my place to say that is it?

"There were no great surprises" he added "We all know the weight of the corporate muscle and the way corporations seem to be able to exert influence. The people who are objecting to fracking on Barton Boss are very strong, very fluid characters and the next step will evolve in due course. One thing we can promise is that the campaign will be heightened rather than be weakened."

Lawyers for the campaigners will be at the Appeal Court in London tomorrow morning seeking leave to appeal the decision – before the noon deadline imposed by Judge Pelling, who wouldn't let the appeal be heard in Manchester. If the appeal bid fails, the Camp can be evicted any time after noon.

"The fact is that the case is a great success for the campaign against fracking because the whole purpose of what we're doing is to highlight that fracking is highly dangerous, so from that sense it's been a success" said Martin Burke, a Green Party candidate for Gorton South at this year's local elections and one of the named defendants in the case alongside Ian R Crane.

When the news broke today that the Camp was now facing eviction, IGas shares rose by almost 2%, some would say proving that the daily protests were having a negative affect on the value of the company.

Indeed, London business publication, City AM, had a comment piece today headlined `Why today's Manchester court decision to move fracking protesters is a boost for shale gas everywhere' – which began with the paragraph…

"Investors in the UK's burgeoning shale gas industry should be delighted with today's decision by a Manchester court… The court's landmark ruling should accelerate progress for any would-be shale gas explorer across the country and boost investor confidence by removing a key hurdle to extracting the resource."

Unfortunately for the `investors', whether the Camp survives an appeal or not, every single anti-fracking campaigner at Barton Moss who the Salford Star spoke to this afternoon said that the daily protests and slow lorry walks will continue.

As the lorries exiting the IGas exploratory drilling site were blockaded this afternoon (with the Greater Manchester Police on its best behaviour due to the increased media presence), defiant protectors burst into a new song…

`We're gonna roll the protest on, roll the protest on, roll the protest on…and if Peel Holdings get in the way we're gonna roll right over them, roll right over them, roll right over them…We're gonna roll the protest on…'
 
Photos by Steven Speed

For more photos of the day click here

* Update: 11th March

JUDGE PELLING `MADE A MISTAKE’ AS CAMP SET FOR APPEAL 

Today the Court of Appeal in London granted barristers representing the Barton Moss Camp defendants stay for an appeal against the verdict, and the case will be heard `urgently’, possibly later this week.

Commenting on the Appeal, defendant Martin Burke, said…

“This is backing up what our barristers are saying which is that something needs to be reviewed. We still think, with respect, that Judge Pelling made a mistake. We believe that we have a case and a right to stay here. I have the right, in my view to shelter beside a public right of way in order to protest the next day."

For full details - click here

Holroyd wrote
at 19:01:20 on 20 March 2014
Big respect and thank you to all the protestors at Barton Moss, we are fighting our own battle in North Yorkshire, and we all offer our support xx
?
Chaz wrote
at 23:20:11 on 12 March 2014
Its not just in England that they are trying to strip protest rights away http://www.canberratimes.com.au/victoria/protests-against-move-on-laws-disrupt-state-parliament-20140312-34ktk.html Be afraid, be very afraid
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Duggie wrote
at 16:14:44 on 11 March 2014
Can anyone be surprised ? The Establishment and its hideous agencies always protect their own interests , which are always against the interests of ordinary people . The pathetic legal system is as corrupt as those who administer it . Bastards , all of them .
?
kenneth mckelvey wrote
at 16:14:26 on 11 March 2014
Surely if the court has put the eviction notice back / Why are the people on the moss being evicted/Where do these Tax Dodging Multi Nats Like Peel Holdings get this power from they contribute nothing to the Health And Welfare of this country all the millions in tax they dodge we the people of the UK have to pay it /This Corrupt government claim them and their ilk create Work so did the Slave Trade 67 billion£s lost to the treasurery annually and we have people writing in to The star about people on benifits ( The mind boggles)
?
kenneth mckelvey wrote
at 16:14:11 on 11 March 2014
How long will it be before this excuse for a government take away all our rights of protest The Tory filth never did like the idea of plebs having access to the law thats why they are taking away our Legal Aid/Unfair Dismissal / Rights to sue/Ending Union representation,/ Their is no end to the disgusting things they have planned for the working people of the UK The result they are aiming for is manifesting itself with the treatment Of the people on Barton Moss,They are making a mockery of Social Justice /Laws for them None for us ( Tory Logic)
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bob wrote
at 06:40:17 on 11 March 2014
These are the same courts that has been allowing Salford Council to issues its own illegal council tax summons for years, so no surprise that it gone this way. All rotten scum to the core.
?
mary ferrer wrote
at 05:45:34 on 11 March 2014
Would one of the farmers not allow the camp to move to a field. The protesters are there for all the people of Salford and have been doing a fantastic job. Peel again walking all over the people of Salford.
?
beryl gray wrote
at 05:45:30 on 11 March 2014
if an appeal as been entered why do they have to leave surely they have the right to stay until the appeal as been heard
?
Charles wrote
at 05:45:18 on 11 March 2014
It sets the precedent though. Perhaps now we will see the protesters taken to court every time they set up camp. Solicitors may not do pro-bono work for them all year round and eventually it will eat away at their funds until they can't afford it anymore. The protesters don't need many resources, but they have real lives too so can't afford to lose too many court cases. Pity the next landowner they invade though.
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