Aviation Act and Airport by-laws - Guilty: 29/04/21

Outcome
Court date

Court:

 

City of London Magistrates Court  (Ct 3)

Hearing date:

 

29 April 2021

Charged with:

 

Offences at London City Airport contrary to s 63 Aviation Act and Airport by-laws  5 (7) (2) on 10/10/19

Represented by:

 

Ms Buckett  (counsel instructed by Kellys)

Please outline key points in prosecution and defence cases.

 

Initial discussion re  adjournment wanted by BJ who was in Spain and could not be in person , worried link may fail. Trial had been adjourned 2x before . Refused.

Charges arising from XR protest at City Airport on 10/10/19. BJ climbed on roof of terminal, crawling  onto glass atrium and gluing on, following another protester. Arresting officer PC Ajun gave evidence JB was warned he would be arrested if he did not come down, warned again, unstuck and removed by other team with cherry picker and arrested when he was safely down.  S9 statements of Sgt Smith, interviewing officer re no comment interview, PC Crunk, who was with PC Ajun, and Ian Cowie , director of customer operations at City Airport were read. CA Act and By-laws do not permit climbing on terminal building without consent.

Counsel summed up referring to Ziegler case on necessity and Articles 10 & 11 of ECHR should be treated as applying to BJs protest.

CPS cited Martin, Hunt and Ziegler (Higginbottom’s jment) cases.

 

Was defence evidence submitted in writing?

 

Yes. BJ was only defence witness

 

 

 

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

 

JB gave evidence covering his engagement with XR, feelings of necessity to protest in the way he did was appropriate response to the calamity of climate disaster, to which flying contributes, that JB fely there was an imminent danger from climate crisis and his eco lifestyle building sustainable communities. In cross ex JB did not deny the offence.

What was the verdict?

 

Guilty

What was the sentence?

 

Conditional Discharge  - 6 months ( Airport by-laws max fine £400 for this offence)

What costs were awarded?

 

Yes £775 and £21 surcharge

Please add anything else relevant.