Campaign Bulletin - Spring 2001 JUSTICE FOR MARK BARNSLEY CAMPAIGN

 SPRING 2001 MARK BARNSLEY REJECTS PAROLE AS SEVENTH XMAS BEHIND BARS APPROACHES

On the 8th of December, 2000, Mark was invited to apply for parole for the second year running. Once more, he rejected the offer. As he has stated previously: "I am an innocent man and freedom is my right, I am not prepared to compromise myself by submitting to any form of conditional release. If that means spending extra years incarcerated in top security prisons, then it is a price I am prepared to pay, albeit regrettably. My life has been completely destroyed by the terrible injustice that I have suffered, all that I have left are my principles and integrity, and I am not prepared to compromise them by bending my knee to the parole board."
 

SHEFFIELD CPS IN THE SPOTLIGHT AGAIN.

On Tuesday, 19 Dec. 2000, about 20 campaign supporters entered the Crown Prosecution Service (CPS) offices in Sheffield to protest the continued imprisonment of local man Mark Barnsley, and the withholding of vital evidence from his defence by the CPS. The campaign was later informed that: Entrance was gained easily by some smartly dressed people, and then everyone else ran inside and up stairs to the upper offices. The invasion and occupation caused a major disturbance and CPS workers were left with no uncertainty about the strength of feeling about this miscarriage of justice. Leaflets were given to all the staff stating: "The CPS have framed Mark Barnsley... they would like to think that he doesn't exist, but we won't forget... if they won't release the evidence then we will just go look for it ourselves".

Unfortunately there is a police station next door to the CPS building. The police arrived very quickly and people were ejected from the building. A large banner proclaiming "Free Mark Barnsley" was hung from trees right outside the building so passers-by knew what was going on. Local press were in attendance and the action appeared later on regional TV evening news. In total 16 people were arrested. They were held for up to 10 hours and all charged with "conspiracy to burgle, with intent"! All answered 'no comment' when questioned by the police. They were then bailed to appear at Hull Magistrates Court (they cannot be prosecuted by Sheffield CPS) on 9th of January for what could be an interesting court case. All the defendants have plead 'not guilty' to the charges.

Potentially, all the CPS' dirty laundry in relation to the evidence they have been withholding in Mark's case could be aired in public. This may explain why on the 9th of January, the case was adjourned until 13th of March, giving CPS Headquarters in London a couple of months to scratch their heads over what to do next.

MAKE SOME MORE NOISE AT WAKEFIELD PRISON. SATURDAY 24th MARCH 2001.
Meet: 12 (Midday)
At: Wakefield Westgate Train Station.
It's time to pump up the volume again! Bring banners, friends and importantly anything that makes a racket: instruments, drums, tin cans, fog horns, whistles, megaphones.. Like the last demo - no musical ability required but please try and arrive on time so we can all start together. On the day, Mark Barnsley will go on a 24 hour hunger strike, supported by several other prisoners at HMP Wakefield who have been moved there as punishment.

We hope that as many supporters as possible will show solidarity with Mark's struggle by attending this important demonstration.

MASS FAX & PHONE-IN: Wednesday 28th March.
To Governor David Shaw at HMP Wakefield .
FAX: 01924 299 315 &
TELEPHONE: 01924 378282

DEMAND THAT MARK BARNSLEY BE MOVED OUT OF WAKEFIELD PRISON!  - HARASSMENT OF MARK BARNSLEY MUST BE STOPPED!

After lying dormant for several months, the prison service campaign of harassment against Mark Barnsley has once again reared it's ugly head. Since mid January, day to day life for Mark has steadily got worse, as the prison service try and disrupt his struggle for justice. On 17th of January 2001, Mark was suddenly taken off the prison wing and put in segregation at HMP Frankland, along with two other prisoners, for no justifiable reason. He was officially segregated under the 'Good Order And Discipline' rule, accused with 'fomenting unrest on the wing'. Later, 'planning a protest' was added to the charge.

The prison has yet to come up with a single incident, which would support these allegations. There had been absolutely no 'trouble' or 'unrest' on the wing. We can only conclude that officials at Frankland are extremely paranoid or invented this feeble excuse to get rid of Mark. On 1st of February, after spending 2 weeks in segregation at HMP Frankland, Mark Barnsley was woken up at 5.30 am and moved to HMP Wakefield in West Yorkshire. This was Mark's 20th prison move to date. As Wakefield is primarily a high security prison for sex offenders it is certainly one of the worst places they could send Mark, who has 3 children.

The regime at Wakefield is also notorious for it's strict and petty rules and more like something from the 1950's. Moving Mark to Wakefield is clearly a way to further punish him. On arrival at HMP Wakefield, Mark was kept in a dungeon-like, unheated Segregation cell for a further 2 weeks and given only one blanket for warmth. Considering the freezing temperatures recently, this amounts to nothing less than torture. He was denied access to all his property and was even denied a hot drink and a shower. The only exercise he got outside his cell was in a cage. The only mail he is allowed are letters (and an s.a.e. if one is enclosed) and publications sent direct from the publishers. A lot of his mail continues to be withheld, even when it meets the prisons' own strict criteria.

On several occasions even Mark's legal mail has been opened and withheld, in open disregard of prison guidelines. A few days after arriving at HMP Wakefield (in what can only be seen as an act of provocation) Mark was told he was being put on one of the wings, in a dormitory with sex offenders! Not surprisingly he refused and was sent back to segregation, this time on a charge. When Mark was eventually given a single cell, again it was unheated and in the coldest part of the prison. The cell had previously been 'condemned'. Yet another act of punishment. This catalogue of abuse stands in stark contrast to claims made by the Governor of Wakefield Prison, who expects us to believe that Mark's move there was just a 'routine allocation'. It is very clear that moving Mark to Wakefield Prison was nothing less than a cynical attempt to isolate him from supporters and set him up for further punishment.

WHAT YOU CAN DO TO HELP.

The campaign hopes that as many people as possible will continue keep up the pressure on the authorities by:

* Coming to the next 'Noise Demo' at Wakefield Prison on Saturday 24th of March (see above).
* Taking part in the 'Mass Phone/ Fax In' on the 28th of March. * Sending protest letters, faxes and phone-calls to the prison officials listed below.
* Sending a message of support to Mark (enclose an s.a.e. and a few sheets of paper so he can reply Mark Barnsley WA2897 - HMP Wakefield, 5 Love Lane, Wakefield, WF2 9AG.

30th of March is Mark's 40th Birthday by the way! Please do all you can to demand that Mark be immediately moved out of Wakefield Prison.
Stress that HMP Wakefield, which is a 'Category A' prison, is clearly not a suitable place for Mark who is a lower 'Cat. B' prisoner. That it is outrageous that he is being expected to live with sex offenders under high security conditions. That he has not been classed as a security risk prisoner so should be sent to a lower security prison. Demand that Mark be moved to a local prison where he will not be isolated from his family (for example the lower security, Cat B. training prison, HMP Garth in Lancashire).

Please continue to send Letters, faxes and phone-calls to the following:

DAVID SHAW GOVERNOR
HMP WAKEFIELD
5 LOVE LANE WAKEFIELD WF2 9AG
ENGLAND

MARTIN NAREY -DIRECTOR GENERAL OF PRISONS

BILL BADE - DIRECTORATE OF HIGH SECURITY PRISONS

PETER ATHERTON - DIRECTOR OF HIGH SECURITY PRISONS
FAX: (+) 0207 2176664

The above three can all be written to (separately) at:
PRISON SERVICE HQ
CLELAND HOUSE PAGE STREET
LONDON SWT 4LN
ENGLAND

Supporters outside Britain could also protest about Mark's current situation at British Embassies and Consulates etc.
 

NOISY PROTEST AT WAKEFIELD PRISON

As Mark's situation got worse in Wakefield prison, the campaign called for   Sunday, 25th of February to be a 'Day of Action-In solidarity with Mark  Barnsley'. We asked people to protest the punishment Mark has been receiving > at HMP Wakefield and demand that he be moved to a more suitable prison.

 Outside Wakefield prison itself, about 35 of Mark's supporters  successfully held a 'Noise Demo'. According to one participant: "We made so  much noise! We had bass and snare drums, cooking pans and wooden spoons,  whistles, fog horns, a mini sound system, and even some very loud fireworks!  We stayed outside the main gate for about three quarters of an hour and then  paraded all around the prison walls for another half hour, making a huge  racket and amusing the local kids. We handed out about 400 leaflets, lots of  them to visitors coming out who were apparently very supportive. A very good  day and I think everyone really enjoyed it. I hope that Mark could hear it.  The prison walls are very high". 

Mark in fact could hear everything and shortly after the demo he was  moved to another cell which at least has heating. However, apart from this  small concession, the harassment against Mark continues at Wakefield Prison.  Over the past few weeks, Mark's visitors have only been able to see him in  'closed visits', separated by thick glass. Numerous items of Mark's mail  never reach him and even a letter from the CCRC was opened by the prisons'  in-house 'security' and is still being withheld from him.

Mark thanks  everyone who turned up to the demo or have expressed their concern to the  prison governor and prison service officials over the last few weeks. We  urge you to please keep up the pressure until he is moved. (Please see above > for details of the next 'Noise Demo').  On The Legal Front - We are very pleased that Mark has at long last found a  decent legal team in the form of Vicky King and Daniel Guedalla of Thanki  Novy Taube Solicitors. Both of whom have been very supportive of Mark in the  past and given us valuable advice. > > Ideas into Action - In December last year, a talk was given to Church > leaders (including 3 Bishops) in Sheffield.

We are pleased to hear that the  presentation, detailing all aspects of Mark's case, was well received and at  least one of the Bishops present has made further enquiries at the Home  Office about Mark. On another occasion, supporters leafleted 100's of  cyclists attending a 'Critical Mass' protest in London. Gigs and other  events around the country also continue to be leafleted and Mark's case is  attracting growing interest from abroad via the internet. We hope that  supporters will continue to take up some of the suggestions in our 'Ideas  for Action'. Please also feel free to suggest new ideas to us.  Writers & Bands Needed - The campaign will have a new pamphlet available  later in the year, consisting of a collection of contributions from people  familiar with Mark's case. As well as looking at different aspects of Mark's  case in more detail, it is hoped that the pamphlet will explore the wider  issues around 'miscarriages of justice'.

We're still looking for  contributions for the pamphlet, so please let us know if you want to  contribute or have an idea for an article. Also being put together is a  benefit compilation CD for the campaign which will hopefully be ready by the  summer. Bands to contributed tracks so far include: The Warriors, Attila The Stockbroker, Reazione, Norm Rejection, Red Alert, Violent Affray, Contempt,  Rough Kutz & The Templars. Any other bands out there, who'd like to appear  on this CD, please get in touch as soon as possible.  

One way you could help get Mark's case mentioned in the media (letters pages  in newspapers and magazines, radio phone-ins, internet 'chat rooms' etc.) is  to respond quickly to articles which raise issues relevant to Mark's case.  Cases involving students being given lenient sentences, stabbings, assaults  or Judge Peter Baker (the judge in Mark's trial) are a few examples. 
 

THE CAMPAIGN GETS ACTIVE IN LONDON. 

A London supporters' group has now begun to meet on a regular basis. The  group decided that it would seek to actively publicise Mark's case to as  wide an audience as possible. All London Trade Union branches were sent an  information pack (with some response from the RMT and TGWU already) and a  number of gigs have already been leafleted (Primal Scream, The Pogues, Pete  Wylie). The group also decided to help build Paddy Hill's Miscarriages of  Justice Organisation (MOJO) as part of the campaign to free Mark Barnsley,  so that we could share experiences with, and show solidarity to others in a  similar position. In December we helped MOJO stage a benefit with the  Alabama 3, Mark Thomas and Jeremy Hardy.

We have joined demonstrations at  the High Court organised by the friends and family of Eddie Gilfoyle, and  turned out to show solidarity with the friends and family of Michael Stone  at his recent successful appeal.  On 20th January, we held a picket of Paul Boateng's surgery in Harlesden,  to protest Mark's continued victimisation by the prison system, the delay in  allocation of a CCRC case worker to Mark's case and the non-disclosure of evidence by Sheffield CPS. Boateng refused to attend his surgery without a  police escort, leaving 40 angry constituents out in the snow.

All the  constituents were supportive of the picket, and we were also able to point  some of them towards more useful sources of advice than the cashmere-clad  Prisons Minister. Boateng amused those of us who went in to see him by > ranting that "This government has done more for justice than any in living > memory" (anyone who wants to book him for a comedy gig should ring the Home  Office on 020 72733906) but has done nothing to investigate the issues  raised with him.

We will therefore be picketing his surgery again on the  17th of March (see below). One MP who has been of great help to us though is  John McDonnell, MP for Hayes, who has been unrelenting in raising both  Mark's conviction -and his subsequent  victimisation- with the Home Office and Prison Service.  On 20th February, we held a picket at the Prison Services Headquarters.  About 20 people, including representatives from MOJO and Kent Alliance  Against Injustice, handed out leaflets detailing Mark's situation. The  picket was well received by the public. Later the Home Office was also  picketed.

The Prison Service later expressed concern to Mark's solicitor.  Well, the solution is quite simple really. Stop the victimisation of Mark  Barnsley and move him out of the high security prison system to a place more appropriate to his category.  We meet now on a monthly basis and intend to organise at least one activity  a month to keep Mark's case in the public eye. If you live in the London > area and want to get involved with local campaign activities, please phone > Nick on: 0208 9619808
 

PICKET AT THE SURGERY OF HOME OFFICE MINISTER PAUL BOATENG
 AT: HARLESDEN LIBRARY, HARLESDEN, LONDON, NW10.
ASSEMBLE: 9.30AM, SATURDAY, 17th MARCH, 2001.
 Nearest Tube: Willesden Junction
 Bus: Number 18 (from Euston or Baker Street)

 The Justice for Mark Barnsley campaign will be holding another picket to  publicise Mark's case at the next Surgery of the Home Office Minister for  Prisons, Paul Boateng. We will continue to raise with Boateng: Mark's  victimisation by the prison system, the delay in allocation of a CCRC case  worker to Mark's case and the non-disclosure of evidence by Sheffield CPS. All supporters in the London area are encouraged to come along to help make  the day a success. Hope to see you there! The following article, by Mark Barnsley, appeared in 'Tribune' - 29th  December 2000. 
 
 

APPEAL SYSTEM IN THE DOCK.

 It is high time the legal system provided adequate means of redress for the  victims of miscarriages of justice, pleads Mark Barnsley. There is a certain current of thought which supposes that prisons are full  of people falsely protesting their innocence (and probably living the "high  life" behind bars, while legally aided fat-cats make a mockery of the  judicial system to win their release on legal technicalities).

This current  of thought is very convenient for myopic politicians and the legal establishment, and like many examples of what is often referred to as the  "popular imagination" it probably has more to do with opportunism of right  wing journalists than innate public perception. None the less, it is  undoubtedly the case that many people believe this sort of rubbish.

 I am sure that there are plenty of criminals who go to trial wrongly  protesting their innocence. Some of these will be acquitted, and the more  successful they are as criminals (and consequently the more money they have  made) the greater the chance of that, since they will be able to afford  expensive lawyers, instead of having to rely on the dwindling legal aid  system. But most of those coming before the criminal courts do not have  money, and many who are genuinely innocent are wrongly convicted.  Following conviction, of course, we have an appeal system. But one only  has to look at the amount of time spent in prison by those who have  successfully challenged miscarriages of justice over the past couple of  decades to see how ineffective the appeal system is.

Talk to any barrister,  and even the most competent of them will not be able to put their hand on  their heart (or wallet) and tell you the system works effectively. Talk to  any wrongfully convicted prisoner, and their response is likely to be more  robustly effusive.  The fact is that following conviction, and certainly following the denial of appeal, any prisoner who continues to falsely protest their  innocence would have to be stark staring mad. Who but those who feel the  genuine weight of legal injustice would struggle on to fight their  convictions without legal aid and sometimes without any legal help at all,  with access to only the most basic of law books, frustrated at every turn by  the mandarins of the judicial system, and often knowing that fixed sentences  are likely to be served long before any eventual appeal is successful?

Even more morally repugnant is the way that those protesting  miscarriages of justice are doubly punished while they are in prison. Most  obviously, those maintaining their innocence, and consequently not  addressing their "offending behaviour", do not get parole. If they are  life-sentence prisoners they may never be released, but even those serving  fixed terms will spend longer, often much longer, in prison than if they  were guilty of the crimes for which they have been locked- up. They will  also serve their time in conditions of higher security than those who  progress through the system by taking part in "sentence planning". Forget  about the home-leaves and the town visits we frequently read about in the  Right-Wing press. The challenge to the system made by prisoners who refuse to take part in > sentence planning and offending behaviour courses marks them out as  troublesome and subversive.

Many of those fighting miscarriages of justice  often find themselves subject to inter-prison moves ("ghostings") and periods of segregation, as well as other harassment.  Even on a day-to-day basis, wrongfully convicted prisoners suffer as a  result of being penalised by the so-called "Incentives and Earned Privileges  Scheme". This pernicious device was introduced in the mid 1990's as part of  a package of repression, and effectively created a state-defined  class-system in British prisons.  Under the scheme, prisoners are classified as "Basic", "Standard" or  "Enhanced", depending on their general behaviour and overall level of  compliance.

These categorisations define the conditions they are held in and  the "privileges" they are allowed.  Since 1997, a willingness to take part in sentence planning and attend  offending behaviour courses has been an integral part of the scheme, with > those who refuse being denied "Enhanced" status. This means that appellants  are not only likely to spend longer in prison, and in conditions of greater> security, but they will get less visits, less wages, poorer jobs, be able to  spend less of their own money, be locked in their cells for longer, have  poorer living facilities, less gym, and be penalised in a whole number of  other petty and spiteful ways. Conformity is everything in prison, and  those who do not conform absolutely will be punished.  In these circumstances, only those with integrity, spirit, determination > and patience in ample quantities continue to fight to clear their names. 

The sheer awfulness of injustice gives many these qualities in abundance, > but others are crushed, and driven to suicide or insanity by a system that  is rotten to the core. > The simple fact is that prisoners who claim that they are innocent very  often are innocent, and the failings of a legal system which cannot speedily > address miscarriages of justice are being compounded by a penal system that > torments those who are wrongly incarcerated. 

YOU CAN CONTACT THE CAMPAIGN AT THE FOLLOWING:
 Write to: Justice for Mark Barnsley
PO Box 381, Huddersfield, HD13XX.

Justice for Mark Barnsley (Ireland)
PO Box 1290, Belfast, BT12 7BW.
 Tel: 07944 522001
E-mail: barnsleycampaign@hotmail.com

 visit the campaign web site at: www.freemarkbarnsley.com

 For the moment you can write to Mark directly at his new address:
Mark  Barnsley WA2897-
HMP Wakefield,
5 Love Lane,
Wakefield, WF2 9AG,
England.

Comedy - Benefit Gig in Sheffield
For The Robert Hamill Justice Campaign.

 We just recieved news that comedian Jeremy Hardy will be appearing at City  Hall on Thursday 22 March. Tickets are £8/£10 (box office - 0114 2789 789).

In 1997, Robert Hamill was kicked to death by a large mob of Loyalists  whilst walking home in Portadown, N. Ireland, in full view of an RUC Land  Rover. Yet the armed RUC officers remained in their vehicle until after the  attack, ignoring pleas for them to intervene. It wasn't until 13 days later,  after Robert had died, that any arrests were made. The injustice in the  Robert Hamill case is truly shocking. We hope that our supporters in  Sheffield will show solidarity with the campaign, run by Robert's family, by  helping to make this benefit gig a success.