Stonehenge News '99 MAR
APR JUN-Latest News
4th March 1999 - Law Lords allow appeal of the Stonehenge Two.
Here is the Judgement (150k)
FREEDOM?
Four years ago a number of demos
were held to challenge the newly-passed Criminal Justice Act. One of these
was to have been at Stonehenge, to commemorate the 10th anniversary of
the ‘Battle of the Beanfield’ on 1st June. Wiltshire police over-reacted.
They banned it, using the first order to be made under s70 of the CJA to
prohibit ‘trespassory assemblies’ within four miles of the Stones. The
demo was moved to Figsbury Ring, where the National Trust access track
was closed for live firing by the Army and filled with (bullet-proof?)
riot vans. People made their way from there and elsewhere to the Stones
during the day, and at 7 in the evening the police moved in. Two people
in a group on the verge by the Heelstone refused to move and were arrested.
Three weeks later at the Solstice, Arthur Pendragon was arrested under
a second ban, but acquitted as not being a part of the main group. Margaret
Jones and Richard Lloyd, the ‘Stonehenge Two’ from June 1st, could and
should have also been acquitted by evidence that the 20 people needed to
make an assembly weren’t there, and that would have been the end of the
story. Convicted by the magistrates, they appealed and won. The Crown Court
said that as the group had been peaceful and non-obstructive, they had
not been trespassing, so the order did not apply. The Judge wistfully looked
forward to the 10th anniversary of the 10th anniversary of the Beanfield,
hoping this case would be then seen as a milestone in improving relations
with the police at the Stones. The police were having none of it. They
appealed to the High Court, insisting that the public only had the right
to ‘pass and repass’ on a road, anything else being a trespass that the
police might tolerate but didn’t have to. Their arguments were based on
rulings from the days when highways were mostly just accepted routes, for
horses and carts and peasants on foot, across the estates of the landowners.
This time the police won, and the Court ordered the ‘Two’ to be retried.
However they managed to get an appeal to the House of Lords on the basic
question of: what are the limits of the public’s right of access to the
public highway? The Law Lords not only finally set aside the convictions,
but went much further, effectively extending the Law to establish for the
first time "an issue of fundamental constitutional importance"
- that "there is a public right of peaceful assembly on the highway."
The police have always assumed the opposite until now. The Lord Chancellor
(Lord Irvine, also a Cabinet member) was startlingly clear in his lead
judgement on an issue that has always been carefully fudged in the
past. "..the public highway is a public place which the public may
enjoy for any reasonable purpose.." so long as it is not a nuisance
or an obstruction. He goes on to "deprecate any attempt artificially
to restrict" this right, and politely rubbishes those parts of the
CJA that do. He says that any gathering on or by a road should be treated
fairly as it happens, not limited beforehand by orders based on what a
policeman thinks, which is exactly what the more draconian parts of the
CJA depend on. Powers apparently given to the police by the CJA and PoA
to limit the time and numbers for a group are "an unwarranted restriction."
The ruling applies equally to tracks and paths across private land, although
in practice these can be more easily claimed to be obstructed. Margaret
and Richard were there that 1st of June as anti-CJA protestors in the spirit
of mutual support that seemed at the time to be the only way for the different
groups affected to have a chance of achieving anything. All those who took
part in the demos and actions can take some credit for this positive result
eventually emerging from the mass of court cases. Even those who suffered
in the Beanfield itself might find a crumb of comfort in the irony of their
ordeal leading fourteen years later to Wiltshire Police accidentally establishing
Freedom of Assembly in this country.
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SUMMER ACCESS So what does all
this right-to-be-on-a-road stuff (see front page) mean? In theory the starting
point of any discussion on the street or a road with a policeman who would
rather you were not there has now completely changed, as long as everyone
realises it. That old standby, an imagined breach of the peace, will not
wash either unless it is real and imminent, according to three recent rulings
here and in the European Court. The police have loads of other powers,
but they are not so easy to use if you are not actually doing anything
wrong. The ruling will make it more difficult for Wiltshire Police to apply
for an ‘exclusion order’ at Solstice time, or to arrest or threaten small
groups in the area. They don’t seem to have yet decided if they will go
for a ban this year. English Heritage are still planning for limited ticket-only
access. As the actual Solstice time is unusually near the mid-point between
sunrises on the 21st and 22nd, this may happen on both days with more than
one access time, perhaps including an afternoon ‘slot’ for those who used
to go at that time. What happens to the general public who turn up without
tickets will presumably depend on whether or not there is a ban in force.
Last year the level of police harassment went up to ensure the smooth running
of the ticketed event. Its about time we had an Inclusion Zone.
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PUBLIC CONSULTATION There was
an exhibition in Amesbury for two days in January on the Stonehenge
Master Plan (see last issue) and the Highways
Agency road plans . The Agency produced a brochure supposedly about
the Stonehenge scheme but actually about the Winterbourne Stoke bypass,
the next part of the A303 to the West. The proposed cut-and-cover tunnel
was shown on the map, but the questionnaire included referred only to the
Winterbourne Stoke Area. This ‘public consultation’ exercise closed at
the end of February without the main part of the scheme, the controversial
tunnel, being aired at all. However English Heritage say they would still
like to hear peoples’ views on the tunnel and the Masterplan, which is
not yet finalised. You can write to EH at: Abbey Square, Amesbury, Wiltshire.
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~~~~~ Dear Stonehengerites: ~~~~~
I was lefty in Glasty Winter Solstice:
’twas foggy so I didn’t wake the driver.
On telly male archeologists were saying
Avebury is female, and/but there was
a huge phallic Stone in the middle..
Their computer model was flash but wrong
because there never was a lintel over
the small Stone 11 entrance. I
f the alleged road tunnel excavations
vibrations damage the Stones then
will they buy us a new one?
Will the Greenwich dome last as long?
(Meanwhile some noisy boyseys parked
in our track so we got complaints).
Eviction soon from Wells, wheretonext?
~ www.dicegeorge.com ~ 07970-378572 ~
PS converting my lightshow to 12volts.
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I believe that we who walk with
the Stones in our hearts should have access to them at the times and dates
that we need them, without cost, since we ARE the ones who built them.
Druids rule and moneygrubbers DROOL!!!!Peace. (From) Celt
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Greetings, Fellow Hengephile!
I am a writer in Portland, Oregon USA with an avid interest in Stonehenge.
In the course of writing a fiction novel, I am seeking true stories (eye-witness
accounts) from people who have been at Stonehenge during a Summer Solstice.
I know that the sun rises over the Heel Stone, but I’d like more description
information on what this event is like. If you or someone you know could
help me out with my research, I would be very appreciative! (Any photos
or videos would be great as well!) Many thanks Lori Stephens Portland,
Oregon. VerbPub@aol.com (email)
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At the moment I am writing an
essay about access to Stonehenge which takes into account all sides of
the argument on to who, where and when access should be allowed to Stonehenge.
Your campaign lists as its aims both the reistatement of the free festival
and the protection of the site for future generations. How is it possible
to combine these two aims when the festival causes so much damage to the
surrounding landscape. Could you please make your answer as detailed as
you can bothered as I want to put forward your arguements as forcefully
as possible.
Yours sincerely James Hirst
an answer: The inclusion
of the aim ‘to protect the Stonehenge landscape and environment’ was a
reaction to emerging plans for a motorway and large scale visitor centre
near the Stones some years ago. A landscape is a living, evolving thing
that cannot be frozen in one state forever. Natural processes and ‘normal’
use mean that eventually the man-made features will fade into their surroundings
unless artificially maintained by modern reconstructions. It is obviously
desirable with a special landscape such as this to minimise unnecessary
wear, but it is pointless to be concerned at one use without considering
it in the context of the overall effect of other uses. The festival did
cause some damage, but it was recognised by the last one that it was to
large to go on for as long as it did to be sustainable in that form, and
steps were taken internally to deal with that. Much of the ‘damage’ was
from shallow holes for campfires on a field that had already been deep
ploughed. Damage to the barrows consisted of slight wear on existing paths
on the reconstructed mounds left by the archaeologists who dug them up
long ago. A bread oven was made in one nearby, but not during the festival.
Reports of ring-barked trees, damage to ‘stone graves’ and even the monument
itself were all false: it was necessary for their to be an apparent reason
for the political decision to stop the festival. Perhaps the writer should
carefully check the sources that have given him the impression that there
was "so much damage"; he could be in for quite a surprise. The
sensitive areas marked off by fences were respected and undamaged. The
National Trust later chose to remove fences and allow cattle to seriously
trample the Cursus and a barrow. In the festival era they offered no public
access, leasing the landscape to farmers to use as they liked within broad
limits. One unsupervised English Heritage contractor probably did more
damage in one day than any festival. In the wider landscape farmers continue
to plough and modify sensitive areas, and the MoD build their own roads
and drive tanks through earthworks. However, although the ‘Festival Field’
could still be justifiably used as a low-impact campsite in connection
with Solstice celebrations in the Stones (most likely its original use),
a full-on festival would nowadays probably need to find a nearby site where
there is less concern. Does the writer agree with the English Heritage
argument that the digging of a colossal trench across the landscape and
destroying several ancient monuments to insert a dual carriageway is, on
balance, a good thing because of the benefits it brings?
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THE REVOLUTIONARY
The young man
With a red scarf
Had revolution
In his heart
He marched
He protested
He chanted
He demonstrated
He was arrested
But the revolution
Fell on deaf ears
It remained bottled
In his heart
Waiting for someone
To draw the cork
He waited and waited
But the anger
Turned to arrogance
And the idealist
Became the cynic
Stephen Morris (from ‘Twelve’-
see contacts)
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my wife and I try to make a point
to visit the pertinent festival sites in the UK as often as possible. would
love to get involved in as much as possible - how can we help free the
stones? the more info the better as we here in the states are not so often
recipients of timely info in this regard Peace
BB
/|\
Drgn
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ARTIST: Ray Elf is looking to work in zines, posters & album covers. Phone 01309 641219 or write to Ray Elf, 8 Darklass Place, Dyke, nr Forres, Morayshire, IV34 0GX
Campaign Website at http:// www.geocities.com/soho/9000/stonecam.htm
email the Campaign at stonehenge@stones.com
John Pendragon Any words, pictures, ideas etc about or inspired by John please to John Pendragon Project, BCM 2002, London WC1N 3XX
For henge or eclipse poster, SAE + 2 stamps to EFFIN, c/o 87 Debden, Gloucester Rd, London, N17 6LN.
Send us an sae for the next newsletter.
(Summer Solstice)
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OPEN - FOR GENERAL RELEASE Agenda item 9
Meeting of : Northern Area Committee [Salisbury DC]
Date: I5th April 1999
Report of: Solicitor to the Council
Subject: Stonehenge Summer Solstice I999
1. INTRODUCTION
1.1 The purpose of this report is to explain to Members of the Committee why an order prohibiting the holding of all trespassory assemblies on land adjoining the Monument at Stonehenge during the Summer Solstice period will not be made this year.
2. BACKGROUND
2.1 In recent years the Chief Constable of Wiltshire has applied to the Council for prohibition orders under the Public Order Act 1986 as amended (`the Act').
3. SUMMER SOLSTICE 1999
3.1 This year, however, the Chief Constable of Wiltshire has written to the Council explaining why she does not intend to apply for a Trespassory Assembly Order for the Summer Solstice period in I999. A copy of the Chief Constable's letter is appended to this report.
4. FURTHER PROGRESS
4.1 You will note that the Chief Constable's letter maps out the furrher progress made to achieving normality with Stonehenge during the Sumnmer Solstice period by allowing anyone with a specific interest in Stonehenge access but without a recurrence of the problems that have arisen in the past. This has been achieved by sustained constructive dialogue between English Heritage; the Wiltshire Police and most of the groups interested in Stonehenge and the performing of rituals there.
5. RECENT HOUSE OF LORDS JUDGMENT
5.1 The Chief Constable's principal reason for not applying for an Order is based on a recent House of Lords judgment.
Facts
5.2 Further to a Trespassory Assembly Order made by the Council in I995 relating to the monument at Stonehenge, the defendants in the case were arrested and subsequently convicted of taking part in a `trespassory assembly' under sl4(B)(2) of the Act.
The central issue
5.3 The central issue turned on the question of what were the "limits" of the public's right of access to the public highway.
The judgment
5.4 The majority decision of the House of Lords (3:2) allowed the defendants' appeal.
5.5 The Lord Chancellor espoused the view that the law today should recognise that the public highway was a public place on which all manner of reasonable activities might go on. In his opinion, provided those activities were reasonable, did not involve the commission of a public or private nuisance and did not amount to an obstruction of the highway unreasonably impeding the primary right of the general public to pass and repass they should not constitute a trespass. Subject to those qualifications there would be a right of peaceful assembly on the highway.
5.6 The Lord Chancellor said that the public highway was a public place that the public might enjoy for any reasonable purpose. In every case the Magistrates' Court had to decide as a matter of fact and degree whether the use had been reasonable and not inconsistent with the right to pass and repass.
............................................................
Miss Elizabeth Neville QPM MA PhD CHIEF CONSTABLE OF WILTSHIRE
Police Headquarters London Road, Devizes, SN10 2DN Tel: 01380 72234l Fax: 0I380 734176
24 March 1999
Dear Richard [Chief Executive, SDC]
I am writing to you in respect of arrangements for the 1999 Summer Solstice.
During 1998 English Heritage and the Wiltshire Police continued a constructive dialogue with most of the groups who had consistently shown interest in Stonehenge and in the performing of rituals there. This rapport was extended through the granting of access to the monument on notable dates, particularly the Winter Solstice and the Equinoxes. Things had progressed suffciently well to allow access to be granted for the Summer Solstice to a group of 100 who had applied to English Heritage. This group included local residents as well as astronomers, archaeologists, druids, pagans and travellers. The event passed off peacefully and was deemed a success.
Since then further progress has been made. There have been regular meetings with representatives of groups interested in Stonehenge and there continues to be regular access to the monument. This culminated with 208 celebrants being granted access for last weekend's Spring Equinox, all of whom left peacefully at the conclusion of the celebrations.
The recent House of Lords judgement in the case of DPP v Jones & Lloyd has caused me to reconsider my views on the appropriateness of a Trespassory Assembly Order under Section 14A of the Public Order Act 1986. In that judgement, Lord Irvine articulated the public's right to use the public highway for any reasonable purpose providing it does not cause a nuisance or obstruction. In view of this judgement, I do not intend to apply for a Trespassory Assembly Order for the Summer Solstice period in 1999. Our policing strategy will encompass this most recent decision, the need to protect the Stonehenge site and to facilitate access for those entitled to it.
I am of the view that my decision presents a significant opportunity for all those who have a deep interest in Stonehenge and the celebration of the Summer Solstice. It is hoped that we have moved on from the days of confrontation and mass policing. However, the onus will rest on those who intend to come to Stonehenge for the Solstice. The policing operation will ensure a positive response from my officers should any incidents of disorder occur over the Solstice period. Furthermore, any outbreak of disorder would jeopardise the very real progress that has been made. It would, in all probability mean that I would have to revert to the use of the powers available to me under the Public Order Act, 1986 during the Millenium Year, in particular those significant calendar events commencing with New Year's Day, 2000.
I would also like to assure you that should I receive any intelligence to suggest that there may be planned incidents of disorder or trespass I will then consider making an emergency application for a Trespassory Assembly Order. I trust that will not be the case and that this Summer Solstice will not only prove to be an enjoyable and peaceful event, but also the herald of a new period of tranquil and harmonious celebrations at Stonehenge.
Yours sincerely
[Elizabeth] [CC]
R K Sheard Esq Chief Executive Salisbury District Council The Council House Bourne Hill Salisbury Wiltshire SPI 3UZ
SUMMER OF HARMONY?
As we reported in the last issue,
the House of Lords decided in March that a peaceful gathering by the roadside
at Stonehenge is not illegal, even when a ban under the Criminal Justice
Act is in force. This completely undermines the legality of the police
operations that have been keeping us away from the Stones each summer.
So this year they have not even applied for a ban, and for the first time
in a decade there will be no “exclusion zone”. Instead the Chief Constable
wrote to the Council explaining that this was because of the court judgement,
and progress in access at equinoxes and in talks with interested groups.
She saw the decision as “a significant opportunity for all those who have
a deep interest in Stonehenge and the celebration of the Summer Solstice.
It is hoped that we have moved on from the days of confrontation and mass
policing. However, the onus will rest on those who intend to come to Stonehenge
for the Solstice”. Councillors responded by generally agreeing that it
was time to let those who wanted to come to show they could do so peacefully.
In spite of this seismic shift in attitudes, English Heritage is sticking
to its plan of small steps to wider access sometime- maybe, and the basic
problem remains unresolved. They say there will be no access to the Stones
themselves except for 150 of those who applied for tickets (100 last time).
The situation is complicated this year by the solstice falling almost midway
between two sunrises, so the ‘right’ day is not as clear-cut as usual.
The 22nd is when the sun rises furthest north, and some people will be
going for that. Druids and the press will mostly be going on the 21st,
and other groups have applied for other times of day. The road past the
Stones is expected to be closed at times to vehicles, but not to people
on foot. The National Trust fields should be open to the public as usual,
but they will not be allowing camping, fires or amps. So is this, as the
CC puts it, “the herald of a new period of tranquil and harmonious celebrations
at Stonehenge”?
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~~~~~~ Letter from Karelia ~~~~~~~~~~~
23may1999 ~~~~~~
Whenever police say to me “Are you a traveller
or a hippy or an eco-warrior or what?”
I say I’m a human bean, old bean.
Then I think of the thug murder rape land clearances
in bosnia and kosovo and rwanda and cowboys and indians
and of the lynch mob I once saw near Reading;
and think perhaps the british may have the best police
but they must make so many mistakes and see so much
shit and hate and injustice it must be quite a relief
when they have to sit and read papers like this to
check for revolutionary thoughts (oh vain that I am
thinking anybody would bother).
Free Stonehenge. www.dicegeorge.com ;=} smile ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Millenarian Madness
It is difficult to write anything for this veritable publication that both appeals to it’s dispossessed readership and is not deemed irresponsible in the eyes of the secret cult of lawmakers that monitor it. We are at a threshold and this is just such an attempt. The constant task of recounting the history of the Stonehenge Peoples Free Festival must continue. That chapter ended in the mid 1980s. What happened since is a different darker retrospective, which perhaps culturally cannot be addressed. The people that assembled in the aforementioned Free Festival did nothing to change the law, foresee a change of law nor justify a change in the law. * And what of the future ? To speak of such a thing in the cultural environment of the Stonehenge diaspora invites criticism, the future has already been claimed by the judicial astrologers and secular hierophants . There is nothing any of us can say that has authority with regard the future. I suggest an adaptation of Henry Ford’s famous courtroom maxim is appropriate - The future is bunk.
Hengist McStone 11 May 1999 *On
the subject of the law it isn’t lawful to drop bombs on chinamen in Belgrade.
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![]()
This is the new logo English
Heritage are going to use to ‘promote’ Stonehenge. They paid £10,000
for it. The logo was revealed at the launch of a marketing campaign to
find a commercial operator to build and run the new visitor centre at Amesbury.
A developer will be chosen in November, and it is supposed to open in 2003.
Two years later the A344 is to be closed and work started on the A303 tunnel
(public inquiries permitting). It would be finished by 2008.
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A LEARNING CURVE EXPERIENCE
a last connection
cable well-hidden in
heather checkerboard
burnt old new shoots
ripe as grouse-food
is on-line is linked
Halfkirk stone circle
toysize no Stonehenge
but enough enough thinks
must be here now can
tap field must will
link all such makings
a screenfall of talk
from with goddess will
fill laptop free soul
only now is hollow
is head is taken what
feeds such things is
becomc only top~up
battery recharge is
one more midage found
long after killed by
exposure inquest open
verdict not wise to go
alone to high places
should always take
offer first as needed
a younger the sacrifice
a firstborn fine in
tight short clothes
always in instruction
manual read carefully
fine print will tell
of course of course
price as old as knowledge
steve sneyd
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hello dice george and willy x
-congratulations on your continued struggles to establish our basic rights
at stonehenge I hope to see you all this summer though my plans to walk
from the Rock of Gibralter are possibly a little ambitious. I send all
my love to all Henge frendz nic turner and the remains of the pyramid possee
and the artists that performed there over the years...... Big Steve
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What gives u people the right to “use” an Anchient Monument to practice your”make believe” rituals? Also leaving the place like a rubbish tip with empty beer cans and fag/joint ends scattered around the place. You people need to grow up, I fully back the Police’s intervention, without it the place would be trashed. (From) Dibs
we dont leave rubbish in the
stones - if anyone had dropped some at march equinox then somebody would
have picked it up
the burnt out cars at the end of stonehenge 1984 festival were out of order
if you look at our aims and objectives then you’d see that care of the
Stones is one of them
I bet the tourists drop fagends, but thats the way of the 20th century,
perhaps they think they’re creating work perhaps they dont think, we’re
all learning
i have grown up
certain people call themselves druids and do what they call ceremonies,
it fulfills a need in them,
what police action do you back? how far would you go? - do the common people
have a right to watch the sunrise? - do you trust people? DG
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In 1988 I was at Stonehenge. It resulted in a dislike of Policemen and this song. I’m coming to London soon and I am interested in Information about a celebration this summer
PLANT MORE TREES
At war with Reality
Who’s gonna save you and me
Journey the soul to the cauldron bowl
There is no life under control
What was stolen from Angelsey
Who didn’t account for you and me
Journey of the soul through mind control
did you fly when you got home
What ain’t in the bag Babylon
You’ve got what I need
I am coming on strong
When I am coming on strong
You are kicking the shit out
of my kind
Fucking us up on your little white lie
Stood still; is no place to go
You are dealing with Infininty
This world is not aligned
The Romans have played with time
Believe in nothing you are told
Does the future lie in you future sold
What could be of this ring of
stone
If Langley would not be at home
I wish to hold the hand of the Indian
I need to find some new forgotten medicene
Oh I’ve got medicene
Graham Kenneth Cox - The Low
Flying Object - Kush ra a nan (Happy every day)
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I love stonehenge because there’s
demons in the stones (From) Scott Smith
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CLARIFICATION: Somebody poured
green paint on the A344 by the Hele Stone at March Equinox. Stonehenge
Campaign policy is to green the A344 where it cuts the Stones from the
Avenue, not by green-washing it but by grassing it up.
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