Britons in Star Wars case given plea offer

Lawyers acting for three Britons facing up to six years in jail for allegedly interfering with an American "Star Wars" missile test have been offered an eleventh-hour deal by prosecutors in California.

Bill Nandris and Jon Wills, Greenpeace activists, and Steve Morgan, a photographer arrested while documenting their attempts to disrupt the test, could be home by the end of the week if their fellow accused – 13 International Greenpeace supporters and a Spanish videographer – all agree to the deal before the beginning of their trial, due to start tomorrow.

The 17 were arrested last July during Greenpeace's attempt to disrupt the launch of a missile from the Vandenberg United States Air Force base, in California, by riding inflatables into the test zone. Greenpeace believes the missile defence project will result in a new arms race.

Despite their status as journalistic observers, Mr Morgan and Jorge Torres, the videographer, were treated in the same way as the Greenpeace campaigners.

To the dismay of Greenpeace, prosecutors charged the 17 not only with a misdemeanour offence, entering the base without permission, but also with felonies, conspiring to violate a safety area and refusing to obey an officer. These carry fines of $250,000 and jail sentences of six years for each offence.

After a delay in November, when lawyers for the 17 asked the court for a postponement because of the effect the events of 11 September might have had on public opinion, the trial was due to start tomorrow. However, last Friday, prosecutors approached the defence with a proposal that may render a trial unnecessary.

The full details of the deal are confidential, but Greenpeace told The Independent yesterday that, if accepted by all 17 defendants before the trial began, it would result in the felony charges being dropped. The belief is that the defendants would have to plead guilty to the misdemeanour. That is punishable by up to six months in jail but it is expected that only a fine will be imposed.

The 17 defendants are thought to have reached agreement after overcoming objections from some who were against making a deal on principle. Such a punishment would not prevent the foreign nationals from travelling in the United States. Activists from Sweden, Germany, India, Australia, the United States and Canada were also involved in the protest.

Sarah Holden of Greenpeace said the deal was not yet done, but the organisation was hoping that the matter could be brought to a close, particularly given the post-11 September climate.

"We just did not know how a jury would feel after the post-11 September anti-terrorism legislation was brought in," she said. "There was concern that a broad definition of the legislation could conceivably include Greenpeace activity. In terms of a jury, there was concern that, understandably in the present climate, there might be a feeling of, 'How dare you challenge our military.'

"We would be satisfied if the felony charges were dropped; it's what we have wanted from the start. And then we can live to fight another day."