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Bridge Activist Arrested...Again!

Poon | 03.02.2004 17:33 | Cambridge

The protester who was charged with 'Causing a Public Nuisance' after hanging a banner at Cambridge railway station in the run-up to the George Bush visit in November of last year has been re-arrested and charged under section 5(1)(a) of the Public Order Act 1986.

Since the police dropped the ludicrous Criminal Damage charge against him in early December, the activist has been re-bailed to appear at Parkside Police Station several times while the Crown Prosecution Service struggled to decide how to proceed with the case.  On arrival at Parkside today he was surprised to be confronted by the original arresting officer who proceeded to read him his rights and arrest him under the Public Order Act, almost three months after the alleged offense took place.



The allegation on the charge sheet says that on the 11th of November 2003, he "used threatening, abusive or insulting words or behavior or disorderly behavior within the hearing or sight of a person likely to be caused harassment, alarm or distress...".  This raises some very interesting questions about freedom of expression as defined in the Human Rights Act 1998.  Article 10 states that "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority...".  According to witnesses (supported by video footage from Cambridge IndyMedia) and even the police officers who arrested him, the activist at no time used offensive language and was merely imparting information about forthcoming peaceful demonstrations in Cambridge  and  London.

As such it seems that his actions were no more likely to cause "harassment, alarm or distress" to the general public than the actions of those who gathered in the Market Square or the 300,000 people who marched against Bush in London the following week.

It has been decided however that the protester should face trail on a charge more commonly used to prosecute people for fighting outside Pubs.  Despite the fact that a Guilty verdict from the Magistrates would leave him with a criminal record, it is unlikely that legal aid will be provided.  This will leave 'The Man on the Bridge' with the option of defending himself of facing a legal bill of 500 to 1000 pounds.

The first hearing of the case will take place at Cambridge Magistrates Court from 9:30 on Thursday this week (5th February).

Poon

Comments

Hide the following 3 comments

Court Report!

05.02.2004 13:24

I arrived early at the Cambridge Magistrates Court and was greeted with the news that they had never heard of me and that as far as they were concerned, I didn't need to be there. After talking to various court officials it was established that I actually was meant to be there and after a short wait I was asked to step into the dock.

They asked me to confirm my identity and then read out the charge. I said 'not guilty', and they told me to come back in a month. So, I will be in court again on Thursday the 4th of March at 9:45.

Watch this space for updates...

The Man on the Bridge


The man on the bridge

20.02.2004 00:40

I was arrested and charged twice under this when demonstrating with the upside down US flag with STOP STAR WARS written on it at NSA Menwith Hill and the Deep Space Tracking Center and Near Space Facility at the American base at Feltwell three years ago. In fact the charges were changed from a 'racially aggravated' offence to the Public Order Act....we were successful re Menwith Hill (Harrogate Magistrates Court) but found guilty re Feltwell (Fakenham Magistrates' Court). We appealed to the High Court and the appeal was held. This authority will be very useful for your case (Percy v DDP Kennedy and Mallett LJ Queens Bench Division 2001)....it has been used several times in these cases and people have been successful. The case was important as it was a balance between Human Rights and use of symbols of protest (as in your case) and upsetting people. The Judges came down on the side of our human rights.

Please let me know if I can help in anyway. I have a copy of the Judgement.

In peace

Lindis Percy
Joint Co-ordinator
CAMPAIGN FOR THE ACCOUNTABILITY OF AMERICAN BASES (CAAB)
www.caab.org.uk

Lindis Percy
mail e-mail: percy@lindisandchris.freeserve.co.uk
- Homepage: http://www'caab.org.uk


was the protester right or wrong

16.03.2004 17:47

THE QUESTION WE ALLL HAVE TO ASK IS WAS THE PROTESTER RIGHT OR WRONG TO HANG THE SIGN OFF THE BRIDGE.

MY VIEW IS THAT THE POLICE SHOULD LET THIS MAN OFF!! HE IS ONLY SHOWING WHAT HE THINKS IS RIGHT AND WE ALL KNOWN NOW THAT WE ONLY WENT TO WAR FOR THE OIL AND MONEY WE MADE OUT OF IT. WELL PUT IT THIS WAY CAMBRIDGE POLICE HAVE NO PROBLEM WITH PEOPLE SETTING STANDS UP ON CAMBRIDGE MARKET AND TRYING TO GET PEOPLE TO BACK UP THE POINT OF WHY WE WENT TO WAR. SO WHY CAN'T ONE MAN HANG A SIGN WITH STOP BUSH ON IT.

YOUR WELCOME TO EMAIL BACK AND PUT YOUR POINT OF VIEW ACROSS.

lewis kelsey
mail e-mail: monkey_825@hotmail.com


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