FAIR TRIALS ABROAD

bench house ham street • richmond surrey •tw10 7hr

Telephone: 44 (0) 208 3322800 · Facsimile: 44(0) 208 332 2810

E-Mail: StephenJakobi@Compuserve.com

Fair Trials Abroad is a Registered Charity No.1079079

Preliminary Notes: Greek planespotters.

Introduction:

These are preliminary notes on the trial of the 14 Dutch and British citizens held at Kalamata Greece between Wednesday 24^th April when it was formally opened and adjourned and Friday 26^th April when the verdict was announced.

Fair Trials Abroad's legal team were involved in this case to an unprecedented extent. Much of the preparation of the defendants’ case as opposed to its presentation was in its hands. It was at all stages consulted by the Greek legal defence team and at trial the writer joined the team and was the only foreign lawyer present throughout the presentation of evidence.

It should be emphasised that a full report, coming to the same conclusions, will be compiled in due course and it is only current public and political demand that necessitates the skeleton treatment of the evidence.

The Charge:

A single basic charge against all defendants. “Illegally obtaining military information of value to a foreign power”

The Prosecution evidence.

The prosecution Evidence consisted of an anonymous “ security” statement solely supported in evidence by a middle ranking Greek air force officer. His evidence, such as it was, was hearsay. He consistently refused to answer any pertinent cross examination points by the defence (who were trying to put their case) on the grounds either that he did not know or that they were matters of national security. It was noticeable that the Judges never pressed him to answer any of the questions he avoided.

The only other prosecution witness was the arresting air force officer who testified as to the grounds for original arrest and the material (Scanner, notebooks binoculars and telescopes) in the possession of the defendants. These possessions were never in dispute. Most of this officers time under cross examination was his persistence in stating that they were taking photographs as a reason for the arrest and accusation when the original detainees did not have a camera between them. It was eventually agreed that no photographs of Greek Military installations were ever found in the possession of the defendants.

The prosecution case.

Essentially hinged on the serial numbers of aircraft taken down in writing being of value to a foreign power because it might give clues as to military intentions, no. of aircraft etc.

The Defence Evidence

· Documentary proof that they had been invited to the air base on the sole condition that they took no photographs.

· Expert witness statement that Greece had signed and ratified the European Conventional Arms inspection treaty which allowed all the signatories official representatives to inspect all Greek military airports and have access to all parts of the airports on six hours notice. The treaty having been signed by all 30 countries in Europe including Turkey any material collected by the spotters could not possibly be of value to a foreign power.

· All the serial numbers of types of aircraft and their performance activity were already in the public domain

· Spotters evidence supported by military official documents that they had been stopped by a Air force security officer 48 Hours previously who had vetted the notebooks contents and possessions of the group and stated there was nothing illegal in what they were doing.

The defence case.

What they were doing was legal and they could prove it.

Verdict

Judges ignored spotters case and initially handed out Maximum sentences (five Years) to all those with notebooks.

Conclusions

1. A perverse verdict that no Independent tribunal could have possibly come to on the evidence.

2. The source of influence and pressure could only have been security/military. These sources are under the direct control of the Greek Government.

3. The action required is removal of this pressure by the Greek government. Without such removal the appeal process will be a charade.

4. The reasons why this case went wrong are political not Judicial and Greek governmental references to the independence of the Judiciary as a reason for non-intervention are not consistent with the evidence in the case.

5. The Greek executive was responsible for the original mistake and should be made responsible for the cases conclusion.

Stephen Jakobi Fair trials Abroad.