Obstruction of the Highway - Not guilty: 17/01/23

Outcome
Court date

Court:

 

CoL court 1

Hearing date:

 

17 January 2023

Bench (DJ or JPs)

 

DJ Davis

Charged with:

 

Obstructing the highway

Represented by:

 

Self-representing

Please outline key points in prosecution and defence cases.

 

Notes from November 2022.

At the start of the case, Jenny Winter (Birds solicitors) explained that the defendants who were self-representing – 6 in total – had not received the body warn footage. The court was adjourned so that all defendants could view the footage.

It later emerged that the CPS had not sent all the police statements they relied upon to the defendants. There was a further adjournment so that the CPS could copy the statements and give them to the defendants over lunch.

When the court returned, Defendant   said there was insufficient time to consider the bundle and felt that this meant they would not have a fair trial. The DJ quoted Article 6 of the EU Human Rights Act which states that defendants should have sufficient time to prepare.

It was agreed that the CPS would continue their case, then the case would be adjourned to allow the defendants time to read the papers. Jenny Winter requested that the CPS  send a CD of the body worn footage to the defendants. The DJ agreed this should be received by them by 4pm 17th December.

The trial was adjourned until 17th January at CoL

Notes from January 2023

Defendant was locked on to another protestor through the wheel of the limo parked at Marble Arch on 16th April 2022. She argued that the CPS had not proved their case. In the Zeigler case 2 hours was considered a reasonable time to protest. The bwv presented by the CPS as evidence showed that she was there for 2 minutes. She admitted to having been there longer – probably one hour. CPS question her clothing and said she looked as though she was dressed to be there a long time. She stated that XR Welfare had provided her with blankets to keep warm. The CPS said she had ignored the officers who were trying to engage with her and had continued singing.

Was defence evidence submitted in writing?

 

Yes

 

 

 

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

 

Yes

What was the verdict?

 

Not guilty

What was the sentence?

 

 

What were the court costs?

 

 

Please add anything else relevant.

 

The DJ agreed that she was certain that the motivation for the protest was genuine and the time she was involved in the protest was proportionate