A NEWLY appointed Gloucestershire judge will be asked to decide whether the war against Iraq was legal.

And Jamie Tabor QC, who is the resident judge at Gloucester Crown Court, admits it is a "disconcerting" proposition.

Four protesters, arrested breaking into RAF Fairford during the conflict, are claiming the war was illegal and that their actions were carried out to prevent a crime.

The base was used as a launching pad for bombing raids by B-52 aircraft and many anti-war campaigners set up camp outside the perimeter fence.

Judge Tabor told the court: "I find it disconcerting that the resident judge at Gloucester will have to decide if the war was lawful."

Dr Margaret Jones, 54, of Burlington Road, Bristol; former JP and Sheriff of York Arthur Milling, 57, of Bristol Road, Birmingham; carpenter Phillip Pritchard, 32, of Campbell Road, Oxford; and marketing executive Toby Olditch, 34, of Bullingdon Road, Oxford, all appeared before Judge Tabor on Friday.

All have denied conspiracy to cause criminal damage.

Olditch and Pritchard also denied having articles with intent to damage the runway and warplanes at the base on March 28. The duo, who had been held in custody since their arrest, were granted bail on condition they do not go within two miles of RAF Fairford.

Other protesters appearing on Friday were Kate Holcombe, 42, of West Street, Evesham, who is accused of causing more than £8,000 worth of criminal damage by pulling down the main gates at the airfield.

She was also granted bail on condition she doesn't go within two miles of the base, apart from to take part in peaceful protests there on July 4 and between July 15 and 21.

Josh Richards, 29, of Belton Road, Bristol, denied attempting to cause arson and criminal damage at the base but admitted cultivating cannabis.

He was freed on bail of a £4,000 surety to a date to be fixed.

The final person to appear in the dock was Michael Heyman, 27, of Bedford Place, Brighton, who was fined £50 and ordered to pay £50 costs, after pleading guilty to possessing wire cutters with intent to damage the base's perimeter fence.

* More protesters appeared before Cirencester magistrates on Monday. Gareth Gordon, of Topaz Street, Cardiff; Peter Mitchell, of Promontory Terrace, Whitley Bay; Matthew Sellwood, of Chester Street, Oxford; and Valarie Swain, of Landsdowne Road, West Glamorgan (two charges); all deny aggravated trespass. Their cases were adjourned until October 7.

Samuel Grafton, of Willies Road, Leamington Spa; and a 17-year-old Powys youth, who cannot be named for legal reasons, deny aggravated trespass, criminal damage and having articles with intent to cause criminal damage. Their cases were also adjourned until October 7.

Erin Condit-Bergren, of Henry Road, Oxford; and Thomas Owen-Smith, of Wood Vale, London, agreed to be bound over to keep the peace for 12 months.

The cases of Geoffrey Cornock, of Rutland Street, Cardiff, who is charged with criminal damage, having an article with intent to cause criminal damage and obstructing a police officer; Clayton Elliot, of Foulden Road, London, who denies common assault and assaulting a police officer; Francis Howe, of Ladbroke Grove, London, who denies aggravated trespass; and Owen English, who denies aggravated trespass and criminal damage, were adjourned until July 22.

The cases of Lindis Percey, of Bellfield Avenue, Hull; Steven Brenig, of Boulter Street, Oxford; and Juliet McBride, of Northlands, Road, Southampton; who all deny aggravated trespass, were adjourned until October 7.

Brenig also denies a charge of criminal damage.