Obstruction of the Highway - Guilty: 27/04/21

Outcome
Court date

Court:

 

City of London Magistrates’ – Court 2

Hearing date:

 

Tuesday, 27th April 2021

Bench (DJ or JPs)

 

Lay Bench

Charged with:

 

Wilful Obstruction of the Highway on 15/10/2019 on Millbank

Represented by:

 

Self, pleading Not Guilty.

Please outline key points in prosecution and defence cases.

 

His defence was based Article 10, his right to protest, but the S14 gave him nowhere to protest within London.

Chief Inspector Jack Robinson, Bronze Commander of the area including Millbank, on cross-examination, said that the S14 had no place in London set aside for protesting that day. The arresting officer only asked defendant “to move”, he didn’t say where to move to. Defendant didn’t see the point of moving, so he was arrested on S137. No mention was made of S14.

He broke down on the witness stand while giving his evidence. The court needed to break for 5 mins while he recovered. It was painful not being able to support him then because “he was still under oath”.

I have asked him to send a copy of his closing statement to xr-statements.

Was defence evidence submitted in writing?

 

I’m not sure. He had seen the BWV before today, so does that imply a dialogue of skeleton arguments?

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

He was the only defence witness, he was cross-examined. He did well there (breakdown included), and under cross-examination. When asked about the necessity of his action, he said he was not using necessity, he was fighting for his human right to protest – that last bit at the top of his voice!

What was the verdict,
sentence, costs?

 

In sentencing, the Bench said simply that he had been asked to move by the police and he hadn’t, so he was Guilty,

9 months c/d; £775 costs; £21 v/s by 10/5/21.

I believe he has grounds for appeal

Please add anything else relevant.

 

This was the third of three cases scheduled to last 1 day in this court, i.e. a group. CPS asked for £200 for the G case and £775 each for the other two NGs. Up till now the costs for a group have been shared among the guilty, which should not have exceeded £775 in total.