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Square prosecution fails
Crown’s case against anti-war protesters is thrown out by a judge
A CASE against five activists, arrested during a peaceful anti-war demonstration in Parliament Square, collapsed in farcical scenes on Friday.
The prosecution, lacking any documentary evidence, could not prove the protesters were not entitled to be there.
District Judge Quentin Purdy ruled there was no case to answer.
He said: “The Crown must prove that the defendants took part in a demonstration, that the demonstration was not authorised and that it was in a designated area. The Crown failed to bring evidence on these three issues. Case dismissed.”
The hearing in Westminster Magistrates’ Court in Horseferry Road has set a precedent, according to campaigners.
Brian Barlow, Steve Barnes, Genny Bove, Rob Clohesey and David King were arrested on October 29 after protesting in Parliament Square.
But in court they had claimed that their “peace camp” was part of veteran protester Brian Haw’s legitimate demonstration.
Under the Serious Organised Crimes and Police Act (Socpa) 2005 all political protests within one kilometre of Parliament must be authorised by the officials in Charing Cross police station.
Until now it had been down to protesters to prove they were allowed in the Square – but after the Purdy ruling the burden of proof could lie with the Crown Prosecution Service.
Mr King, speaking after the hearing, said: “I’ve been to many Socpa hearings and this was unusual. What this case shows is that it is impossible to tell who is who. If you are in the square are you legitimate or not? I think if people are going to take away people’s basic human rights they should be very careful. One running criticism of Socpa is that is has been badly worded. Maybe the days of Socpa prosecutions are numbered.”
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