Section 14 - Guilty: 18/10/19

Charge
Outcome
Court date

Court:

 

City of London, Court 2

Hearing date:

 

18 October 2019

Bench (DJ or JPs)

 

DJ Booty

Charged with:

 

Breach of s.14 of the POA

Represented by:

 

Karlia Lykourgou, Doughty St Chambers, as instructed by Oracle

Please outline key points in prosecution and defence cases.

 

Galvin imposition of s.14 order made on 18th April, for 72 hours, and question raised as to the basis on which he made that decision.

Defence arguments:

1)lawfulness of the order. Galvin’s belief in its necessity due to the serious disruption the protests caused / serious threat to life of community is questionable. He claims to have made his decision on what he saw, but he actually relied on Wingrove report that gave him an overall picture of the situation. Further, there is lack of documentation regarding the 2-3 hourly review and no evidence that on 21st April, the disruption had crossed the threshold.

2)contravention of Arts 10 and 11 of the HRA because the proportionate nature not satisfied- requirement in Art 11 (ii)subject to the 4 limbs was not satisfied – there is no human right to go about your way unencumbered.

3) Necessity to justify civil disobedience because of the acceptance of the immediacy of the threat that elevates it to a crisis.

Was defence evidence submitted in writing?

 

 

No

 

 

Did defence witness(es) give evidence in person? Were they cross-examined?

 

Yes

What was the verdict?

 

Guilty

What was the sentence?

 

9 months CD, £300 costs and £30 victim surcharge

What costs were awarded?

 

£300 costs and £30 victim surcharge