The Nestle Cadbury Fallacy and Shut Down Leonardo

Former Ambassador, Human Rights Activist

Nestle and Cadbury are not the same organisation. They both have exactly the same purpose and extremely similar methods of achieving that purpose. Their chocolate products, retail technique, marketing, manufacturing process and ingredients are in essence the same kind of thing.

Police Scotland and the famously corrupt Crown Office (the Scottish prosecution service), are treating the Leonardo 3 as terrorists on the grounds Shut Down Leonardo must be Palestine Action because it has similar aims and methods. That is the Cadbury/Nestle fallacy.

[Note for pedants. I am using familiar competing brands with different ownership. The ultimate ownership of Cadbury is irrelevant here].

The young women are being treated appallingly. They are held in the terrorism interrogation centre at Govan police station. The police have repeatedly refused the request by their families to pass on to them the name of the solicitors briefed to represent them, and have also knocked back that solicitor.

It appears that at least one of the women has had access to the local duty solicitor. That is a lottery but this particular solicitor does appear to be well motivated and doing their best.

All this for three young women who have never harmed anybody nor expressed any intention to hurt anybody, who slightly damaged a fence and sat atop a minibus. That anybody involved – judge, prosecutor, policeman, MI5 officer – goes along with the fascist absurdity of calling this “terrorism” is truly shameful.

That the crushing powers of the Terrorism Act and full panoply of state repression are being visited on innocent, unarmed, young, female protestors is a historic shame on Scotland.

The Lord Advocate sits in the Scottish Cabinet. The SNP should step in and stop this now.

I once again refer you to the decision in the London High Court of 4 July in refusing to delay the proscription of Palestine Action. This explicitly stated that direct action is not aggravated to terrorism.

Underpinning Chamberlain’s judgment of course is the repudiation of the Nestle Cadbury fallacy. Not all direct action for Palestine is by Palestine Action, just as not all chocolate is Nestle.

It is the organisation not the activity which is proscribed.

To be terrorism, the Crown Office would have to show it is the same organisation as the former Palestine Action. As Chamberlain states, even involving former members of Palestine Action would not show that. It would need to show it is actually the same organisation active since the proscription of Palestine Action on 5 July.

By choosing to hold the women without charge under the Terrorism Act, reporting restrictions are not in place. I can therefore tell you there are no such links. Shut Down Leonardo is a distinct, and Scottish, organisation.

The Scottish Government has to wake up and shut down fascism in Police Scotland and the Crown Office. Otherwise the whole fabric of our society is changing and fundamental freedoms are being lost.

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