[OccupyComms] Case dismissed for Occupy London's #M12 five arrested at Bank of England/Royal Exchange on 12 May

[Ronan McNern]

Afternoon,

Some good news from London I thought I should share - 5 of those arrested
at the Bank of England/Royal Exchange have had their cases dismissed.

Statement below and on website - http://occupylondon.org.uk/archives/17141.
Plus The Independent newspaper has covered -
http://www.independent.co.uk/news/uk/crime/occupy-london-protesters-case-thrown-out-of-court-8163785.html?origin=internalSearch


Cheers,
Ro

*From Occupy London Press Team*
Email: press at occupylsx.org; Phone: +44 (0) 845 299 6175

*Case dismissed for Occupy London's
**#M12*<http://piratepad.net/ep/search?query=M12>
* five*

Five Occupy London supporters viewed as a threat to the reputation of the
UK economy have had the cases against them thrown out of court - with every
single arrest deemed unlawful by the presiding judge.

District Judge Lachhar at Hammersmith Magistrates' Court in West London
dismissed the case this week (19 September) against the M12 five who were
arrested by the Royal Exchange, just over the road from the Bank of England
on 12 May, at a peaceful Occupy London event.

This event, dubbed 'Meet the 1%', aimed to highlight how City institutions
which helped to cause the economic crisis are continuing to profit whilst
the rest of society faces austerity cuts, and was timed to coincide with an
international day of action marked in over 380 cities worldwide. [1]

A video released by Occupy London, also shown in prosecution evidence,
illustrates that the arrests made on the day were achieved only with
considerable force, while the protestors remained peaceful throughout. [2]

Following the prosecution evidence on day two of the trial, Judge Lachhar
dismissed the case commenting "Having heard the evidence it seems to me
that the Officers should have, as part of their duty, told Defendants why
they were being arrested. They should have been cautioned.

"As far as Officer Taylor is concerned he was clearly able to have a
conversation, but was not able to give details about arrest which is
worrying. Directed on the evidence before me, as far as I am concerned, as
far as the arrests are concerned, they are unlawful. These defendants
should have been told the reasons for their arrest, using the 5 stage
process that Chief Inspector Hancock had talked about. It is clear that
these defendants were not being threatening, violent or aggressive and
therefore they should have been told. There were enough police officers in
formation there. So I am going to dismiss the charges."

*Threat to the economic life of the City & damage to reputation of the UK*
Chief Inspector Nicholas Hancock, charged with policing the march and
assembly outside of the Royal Exchange, explained that his decision for
instigating Section 14 of the Public Order Act 1986, was that the peaceful
assembly represented a disruption to the life of the community, the small
number of local residents, the business community and city based financial
institutions. Most interestingly, Hancock commented that the economic life
of the City and the reputation of the United Kingdom would be damaged.

A belief in the potential for tents to cause damage was also in evidence,
with Hancock stating that at a briefing in advance of the day's events:
"[Chief Inspector Matthew Burgess] advised me that one tent could be
understood as making a symbolic gesture. That an assembly of several tents
gathering together should be noticed as this could be understood as an
intention to be establishing an encampment."

Other evidence given by the prosecution throughout the abruptly shortened
trial proved revealing. Factors deemed suspect, according to Chief
Inspector Hancock's evidence, included four dogs (of indiscrimate breed),
face paint and legal observers wearing protective helmets.

*Decisions from the top not matching conditions on the ground*
"It appears that all the critical decisions had been made at the very top
and that those decisions were made in advance, with the police on the
ground not able to use their judgement to assess whether a crime was
actually being committed," commented Matthew Varnham, a legal observer for
Occupy London who was present on 12 May. "People weren't even told why they
had been arrested, and certainly weren't informed that they represented a
risk to the economic reputation of the UK. That's political policing and it
has no place in our society.

"What happened in court was important. Not only did the judge dismiss the
charges, she ruled that the police had fallen short of the standards the
public has a right to expect."

Sashy Nathan from Bindmans LLP said: "This outcome raises real concerns
about the appropriateness of the policing of peaceful protest and in
particular, the policing of the Occupy movement."

The Occupy London M12 five would like to thank their legal representatives
from Bindmans LLP, Doughty Street Chambers and Hodge Jones & Allen LLP for
their guidance and representation in court, the legal observers including
those from Green & Black Cross and Occupy London who were there on the day
recording what happened and who provided arrestee support afterwards, as
well as media including photographers, filmmakers and others who captured
evidence of events as they occurred.

Most of all, the M12 five would would like to thank the other protestors
present on 12 May for staying present in solidarity, despite facing
potential arrest themselves.They have also provided vital support
throughout this unnecessary process.

Occupy London supporters are currently preparing for a series of events
across the Autumn - be ready.

Notes
[1] Occupy London invites you to meet the 1% this Saturday
http://www.guardian.co.uk/commentisfree/2012/may/11/occupy-london-meet-the-one-per-cent
/
Meet the 1% event details -
http://may2012.occupylondon.org.uk/?p<http://may2012.occupylondon.org.uk/?p=112><http://piratepad.net/ep/search?query=112>
=112 <http://may2012.occupylondon.org.uk/?p=112>
[2] Must watch video (shown in court of the eleven arrests during peaceful
Occupy London protest at the Bank of England
http://occupylsx.org/?p<http://occupylsx.org/?p=4119><http://piratepad.net/ep/search?query=4119>
=4119 <http://occupylsx.org/?p=4119> / Other videos of M12 arrests with
more detailed raw footage - http://vimeo.com/m/42180947,
http://vimeo.com/42122842
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