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Free Speech Crushed In Liverpool! Arrests Made!

Freedom Not Fear | 11.10.2008 16:57 | Repression | Liverpool

A crowd of two hundred people, angry and disgusted, watched as legal
campaigners from 10 protest groups had their leaflets and tables confiscated in Church Street, Liverpool this Saturday 11th October. Two arrests were made.

What began peacefully enough ended in near-riot as police physically
manhandled members of the public and protesters in order to force a way through for the van carrying the arrested pair.

At one point, around six police vans and a dozen police officers were
required to quell angry protest at the suppression of free speech in a crowd – mostly shoppers and visitors - seething with anger and contempt. Shouts of “Let Them Out!”, “You're A Disgrace!” and “Free Speech!” resounded from the buildings, the crowd drawn by the police over-reaction entirely blocking Church Street and spilling onto Hanover Street in a dangerous melee.

Over the last few months, campaigners on issues as diverse as the war in Iraq, animal rights and defending the NHS have been the subject of police bullying, with literature confiscated and cautioned and arrested. Liverpool Freedom of Expression was formed to defend free speech and the right to campaign in public places. This was its first action.

Around 10 campaigning groups set up campaign stalls and immediately the police swooped and began confiscating materials. What began with one police officer, rapidly escalated with first four, then a dozen forced to respond to a situation rapidly turning ugly.

Throughout, no campaigner did anything but stand their ground, arguing passionately for the right to free speech and to campaign in the city centre. One person was arrested for doing just that. The second for asking why the first had been arrested.

This prompted a very passionate and angry reaction, people sat down in front of the police vans, formed a rolling blockade and otherwise tried to prevent their innocent friends being taken away. But throughout, no violence was offered and protesters were at pains to debate and to argue but not to provoke the police into a violent response; it came anyway as they were pushed, shouted at and manhandled out of the way.

The incident ended peacefully at 2.30pm although many people vowed to make their way to St Anne Street police station - the local lock-up - to voice their anger and file a complaint at police tactics. Two hundred people – and the many hundreds more who witnessed the ugly incident – went away disgusted at this waste of time, money and resources. Another PR disaster for the Merseyside Police.

Photographs of the incident can be obtained from Indymedia UK/Liverpool Indymedia when posted.

The entirely legal action was organised by Liverpool Freedom of Expression.

Freedom Not Fear

Additions

Witnesses wanted

11.10.2008 20:50

I was one of the two people arrested. I was charged with a section 5 Public Order Act offence (not the original charge. The arresting officer changed his mind when we got to the police station.) According to the arresting officer, I caused him "alarm and distress", and caused "alarm and distress" to the members of the public who were present.

I was given a fixed penalty notice, but I may insist on going for a trial (which would be in the Magistrates Court, as far as know) on principle, and because this is a political issue.

I take issue with the suggestion that I could "distress" somebody who is considerably bigger than me. I also object to the lie that any members of the public were "alarmed and distressed" by me, or by the protest in general. People who are "alarmed and distressed" do not hang around Church Street to watch what's going on!

The said arresting officer was one Constable Wilson, the one on the bike who was going round taking people's leaflets and demanding to know their details.

I would like to hear from any-one who saw him storm across from the Rock Around the Blockade stall at about quarter to one, and shout at me and threaten to take my camera "for evidence" after I had taken a picture of the stall.

I would also like to hear from any-one who is prepared to be a witness as to his behaviour and attitude in general this afternoon. You can contact me through my email address, or I am at the social centre on most weekends.

Carol Laidlaw
mail e-mail: pinkolady@riseup.net


Comments

Hide the following 2 comments

I'd challenge it, for all our sakes

11.10.2008 23:09

I would strongly consider contesting this charge in court and getting it thrown out; then suing the police for false arrest, false imprisonment and malicious prosecution. Sounds like you have a very strong case. They have nothing to pin on you by the sounds of it, so they have (inappropriately) used Section 5 of the Public Order Act. This is a summary offence which would be tried in the magistrates' court. My understanding is that case law suggests a police officer is not someone who would reasonably be alarmed or distressed in the course of his or her duty by a member of the public - though perhaps the officer in question was of a particularly nervous disposition(!), in which case they are surely not fit to serve in the police force. The prosecution would also need to prove in court that one or more members of the public were genuinely alarmed or distressed by your actions.

I would also strongly recommend that as many people as possible make a formal complaint about police tactics in general and about the behaviour of individual officers (if relevant). Amongst other things, you can complain about breaches of Article 10 (freedom of expression) and Article 11 (freedom of assembly) of the European Convention of Human Rights, incorporated into English and Welsh law through the Human Rights Act 1998. There is strong precedent in English and European law against breach of these rights by public authorities. I'd also write to the local papers, MPs, and councillors. This really needs to be nipped in the bud; it's outrageous.

Paul Hussey


Take it to trial!

13.10.2008 15:41

Definitely.

It's not an imprisonable offence so you'd be unlikely to get legal aid, but check out "McKenzie Friends" - basically a friend/assistant in court.

My mate mentioned this post to me as I have some legal background so can help you if you'd like. I'm sure there are plenty of people in the same position out there though.

It's true that cops aren't supposed to take offence to something (unless of course it is extremely bad) and were there any complaints made about what you were doing? Why wasn't this the initial offence to get you nicked? Why were the police there in the first place if there was no disorder? These are all questions that need answers.

I would seriously suggest not accepting the fixed penalty order, especially as it means you have no chance to give your side of the story or question the actions of the police. It also means the cops will think they can get away with acting in a similar manner in future. It's totally up to you though but remember even if you were found guilty in court of Sec. 5 there's really not much they can do to you. It'll probably get dropped beforehand anyway.

If you need me, you can contact our group's email address above.

Good luck to those arrested and well done for resisting the cops. Keep up the good work. Jen x

Jen @ NARC
mail e-mail: narconline@hushmail.com
- Homepage: http://narcampaigns.wordpress.com


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