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

Sat Sep 22 17:25:39 GMT 2012

Pubished:
http://acampadabcninternacional.wordpress.com/2012/09/22/case-dismissed-for-occupylondons-m12-five/

2012/9/22 Ronan McNern <ronan.mcnern at gmail.com>

> 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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>
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