Set-back for Greenham protesters

(First Edition)

HUNDREDS of women anti-nuclear protesters wrongly imprisoned for trespass at RAF Greenham Common under invalid by-laws had their hopes of winning compensation dashed in the High Court yesterday.

In a test case, two judges ruled that the Home Secretary did not act unlawfully when he refused in October 1991 to make a payment to a Greenham peace camp regular.

Katrina Howse claimed she was entitled to an award for 14 days she spent in jail between May 1985 and January 1987, convicted under Ministry of Defence by-laws ruled invalid by the Law Lords in July 1990.

Her convictions were quashed in June 1991. But the then Home Secretary, Kenneth Baker, refused compensation on the grounds that the quashing was not the result of a 'new or newly discovered fact' which showed beyond reasonable doubt there had been a miscarriage of justice.

Matthias Kelly, for Ms Howse, argued yesterday that the Home Secretary had misdirected himself in law and that compensation was still payable where a conviction was reversed for reasons other than a 'new fact' coming to light. Alternatively, he said, the Law Lords' ruling was precisely such a fact and under the 1988 Criminal Justice Act compensation should be paid.

Lord Justice Leggatt and Mr Justice McCullough said the case was 'unarguable'.