Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter
Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter
Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter
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132 Open Borders<br />
he said it was ‘as evidence of what damage was done’. ‘By whom? Detainees?’<br />
‘Yes.’ ‘Did it enter your mind to tell the police about the smashed telephone<br />
in case there was any doubt who did it?’ ‘No.’ David Bright showed a copy of<br />
a letter written to campaigners on behalf of the Home Secretary, which said,<br />
explaining the decision to prosecute detainees: ‘All the pay phones and other<br />
telephones were ripped from the walls.’ He suggested that Group 4 might<br />
have done other damage as well.<br />
The spectacle of Group 4 in court had a notable effect not only on the<br />
prosecution, but also on the judge. Judge Morton Jack initially made<br />
disparaging remarks about the detainees. In refusing to accept that one of<br />
the defendants, who had been held in Reading Young Offenders Institution,<br />
was 17, he said the defendant had ‘told lies’. When detainees’ lawyers asked<br />
for all of them to have hearing aids, he said he detected ‘an element of fashion<br />
catching on’. His early decisions went against the defence. He refused to order<br />
the withdrawal from the jury’s bundles of photographs of the fire damage to<br />
Campsfield, although lawyers argued that, as none of their clients was<br />
accused of this damage, to show it was prejudicial. He refused to accept<br />
Henry Blaxland’s argument that, if the removal of one of the detainees could<br />
be shown to have been carried out unlawfully, this would be relevant to the<br />
defence. He said he would be strict on extraneous matter but allowed John<br />
Graham to make derogatory remarks about detainees who ‘tore up their<br />
documents’ and ‘make applications in two or three names’, yet refused to<br />
allow the barrister Frances Webber to refute what she called his ‘inflammatory<br />
and inaccurate statements’. He ruled that a minor must come to court<br />
from mental hospital, heavily drugged and with an escort of two nurses,<br />
refusing to accept legal arguments by Frances Webber that this was<br />
inhumane and within his power to prevent, and only agreeing to discharge<br />
the jury in his case four days later, after the hospital refused to send him to<br />
court and he had given the prosecution the opportunity to seek a second<br />
medical opinion. Yet, as the case went on, the judge’s attitude changed. By<br />
the end, clearly irritated by Group 4, he was intervening to help lawyers to<br />
clarify the contradictions in their evidence.<br />
After the Nine’s acquittal, five of them were transferred to Rochester<br />
prison, which they found hard to bear. After much pressure from their<br />
supporters and from the media, and two more suicide attempts, all of them<br />
were eventually released from Rochester on temporary admission. But most<br />
are left in limbo, their claims undecided, and still under threat of deportation.<br />
The brutal response from the Home Secretary, in a letter to campaigners over<br />
the signature of Graeme J. Kyle, was that the trial ‘simply interrupted the<br />
arrangements for the removal of those who have no claim to remain in the<br />
United Kingdom. Now that the trial has been completed, the removal of those<br />
who have no further basis to remain will continue.’ After the ignominy of<br />
Group 4 in court, and after the suffering inflicted by Group 4 and the British<br />
state on innocent people, ministers apparently intended to carry on business<br />
as usual, with no apology or compensation for the Nine, and no action