23213-22FIVE peace protesters who claim they did not act illegally when they tried to sabotage American Air Force planes at RAF Fairford took their case to the High Court today.

At the Royal Courts of Justice, lawyers for the five were arguing they had a lawful excuse for what they did they were upholding international law and preventing war crimes in Iraq.

The hearing, set to last three days, follows a ruling at Bristol Crown Court

that the British justice system could not examine the alleged illegality of the attack on Iraq.

The activists claim they acted to stop B-52 bombers based at RAF Fairford, from bombing Iraq in March of last year.

At the Bristol hearing, Mr Justice Grigson ruled that, at trial, the defendants could present their defences to a jury that they were acting with lawful excuse, out of necessity to protect life and property in Iraq and to prevent war crimes under international law.

But he said that the overall legality of the war was outside the jurisdiction of the Crown Court.

Both the defence and the prosecution are appealing the decision.

Philip Pritchard, 33, an environmental education teacher, and Toby Olditch 35, a former marketing executive, both from Oxford are known as The B-52 Two.

They are on bail charged with conspiracy to cause criminal damage when they tried to disarm and ground B-52 planes at Fairford in March 18 last year.

They joined Paul Milling, Margaret Jones, and Josh Richards in the joint preliminary hearing.

Milling and Jones are accused of damaging trucks used to carry bombs, while Richards was arrested trying to enter the base to damage bombers.

Barristers acting for the five will argue the defendants' belief they were preventing a crime of aggression in international law should have a bearing on their defence.

All have pleaded not guilty to the charges.

If convicted, each could be jailed for up to 10 years.

Barrie Hudson