Alfie Meadows and Zak King are not guilty: now it's time for police behaviour to be scrutinised

Lawyers warn that violent disorder charges are being used to attack the right to protest.

A jury in Woolwich Crown Court yesterday unanimously found both Alfie Meadows and Zak King, the last two student protesters to face court action related to the student protests of winter 2010, not guilty of violent disorder

The jury returned its verdict to a packed courtroom after four hours' consideration, following a four-week trial (each day of which at Woolwich, we were informed in opening remarks, costs around £14,000). 

Both Meadows and King had been on bail for more than two years while awaiting a verdict. Their first trial, in March last year, saw a hung jury; the second was aborted in November, and resumed in February this year.

The jury had heard from both Meadows and King how they felt they needed to defend themselves and other protesters from police violence. Meadows had helped a crowd use Heras fencing as a barrier against a police line; King had strapped shin-guards to his arms and used them to block police baton strikes against himself and other demonstrators. Both described the mood of the crowds changing after containment. Both recounted seeing police officers use batons and shields to strike people who were simply standing in the crowd, and against those who had fallen, as well as against those immediately facing police lines.

The verdict was welcomed by the defendants and their families. 

Alfie Meadows said:  

"Today's result is a vindication of the right to protest and all those who have been subjected to police brutality. Those who are struggling against cuts and austerity should not live in fear of criminalisation. It's unforgiveable that we and our families have had to wait two years and endure two trials to clear our names. I'm very grateful for the solidarity I've received from so many: the family of Sean Rigg, Defend The Right To Protest, and so many others. I want to send my solidarity to the Critical Mass defendants."

The acquittals of Meadows and King bring the tally of unsuccessful prosecutions from winter 2010's fees protests to 19. Of the 58 young people charged with violent disorder from the student demonstrations, 12 have received custodial sentences. Comparative tranches of violent disorder charges from demonstrations have, in the past, resulted in far greater numbers of people facing prison terms; of the 72, mostly young Muslim, people charged with violent disorder following the Gaza protests in 2009, 62 were given custodial sentences. Only seven faced trial by jury; of these, six were acquitted.

Matt Foot, of the firm Birnberg Peirce, who has defended six of the student demonstrators in this group of prosecutions, believes the charge of violent disorder - the second most serious public order offence, which carries a prison term of up to five years is being used punitively and too readily.

"It started with a protest against George Bush, the last time he came to this country, and a whole number of people some months afterwards were suddenly charged with violent disorder," he said. "They suddenly started using Section 2 of the Public Order Act, violent disorder, in an aggressive way since then... People used to be offered cautions, or tickets, fixed penalty notices, and then suddenly the penalties have gone up and up and up, for very similar facts. I think the fact that we're using violent disorder on that large scale, against large numbers of students, almost all of good character, is an attack on protest."

These verdicts come at a time of increasing scrutiny for public order policing. The opening statement of the United Nations Special Rapporteur's report on freedom of assembly and association expressed strong concern about kettling, intelligence-gathering and undercover policing, and criticised the Public Order Act as encroaching on the right to protest, asking for a greater focus on human rights in policing demonstrations; his full report is due in June. 

The Independent Police Complaints Commission's report in December on complaints against the Territorial Support Group found significant areas of concern with protest policing and stop and search. And in her report 'The Kids Are All Right: How the Metropolitan Police Service can gain the trust of young Londoners', Jenny Jones, the Deputy Chair of the London Assembly's Police and Crime Committee, recommended the abolition of the TSG.

Hannah Dee, of Defend The Right To Protest, which has supported Meadows and King throughout the two-year judicial process, sees the case as part of a historical struggle between the notion of public order and the right to protest.

"It's important to bear in mind that there is a long history of criminalising and police violence against protest. It's very interesting to look at the history of some of the officers on the stand, people like Mick Johnson who was the Silver Commander on the 9th of December [2010], who has been at the centre of policing many protests for the last couple of decades: the G20 protests, the poll tax demonstrations, the miners' strikes, the urban riots in the 1980s. The primary aim of the campaign is to build a collective response to what we see as a serious undermining of people's right to protest."

Police at the student demonstrations in 2010. Photo: Getty
Photo: Getty
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What's happened to the German left?

For a fourth successive election, the left seems to be failing to challenge the status quo.

When Germany goes to the polls this weekend, Angela Merkel is expected to win a fourth term in office. Merkel has maintained her commanding lead in the polls on 37 per cent, while her closest competitor, the Social Democratic Party (SPD) has been relegated to, at best, a possible coalition partner. 

The expectation that the status quo will continue has left commentators and politicians of all stripes asking: what has happened to the German left?

Lagging behind in the polls, with just 20 per cent of the country's voting intention, Martin Schulz’s SPD has slumped to its lowest level this year only days before the vote, according to the latest poll by Infratest dimap for ARD television.  

Even the prospect of a left-wing alternative to a Merkel-led coalition appears to have become unpalatable to the electorate. An alliance between the SPD, die Grünen (the Greens) and the socialist party die Linke (the Left) would not reach the threshold needed to form a government.

One explanation for the German left's lack of impact is the success Merkel has had in stifling her opposition by moving closer to the centre ground. Over the last four years, she has ruled a grand coalition known as GroKo (Große Koalition) with the centre-left SPD, leaving many of its voters believing their party was no longer any different to the chancellor's conservative Christian Democratic Union (CDU).

Rolf Henning, 34, has been a member of the SPD since 2004. Campaigning in Pankow, a diverse area of eastern Berlin which has traditionally voted on the left, he told the New Statesman that although the coalition had enabled the SPD to push its social agenda, the party did not receive any credit for it.  

“It is now hard to motivate people to vote for the SPD because people think it will not make any difference. If we were to enter a coalition again with Merkel and the CDU then our support base will drain even further,” he said.  

Another grand coalition between the CDU and the SPD is very much on the cards, as Merkel is unlikely to win an outright majority. But while the arrangement has seemingly worked out well for the chancellor, its benefits for the SPD seem rather less certain.

“The political strength of the left is an illusion," says Gero Neugebauer, a political analyst and a former senior researcher at the Freie Universität Berlin, "The SPD did a good job in the coalition to push issues of social policy and family policies, but Ms Merkel took the credit for a lot of it. People saw the car and the chauffer rather than paying attention to the engine."

In 2015, under pressure from the SPD, the Merkel administration introduced a minimum wage in Germany, a benchmark for many in the party which yet did little to gloss over the SPD’s image. On the contrary, Merkel’s election campaign sought to win over disillusioned SPD voters.

According to Neugebauer, the left-wing parties have failed to work together to form a real alternative coalition to the Merkel administration. He warns that Germany’s left-wing camp has become “an illusion” with “virtual power”.

For a short-lived moment the election of Martin Schulz, the former president of the EU Parliament, to head the SPD, brought hope to the idea of a left-wing coalition. 

Stefan Liebich, a member of parliament for die Linke representing the Pankow district, says the SPD initially rose in the polls because people thought there could be an alternative coalition to Merkel. "But then the SPD made a lot of mistakes and they were wrongly told they would lose support if they worked with us," he adds.

"Now nobody believes a left-wing coalition could ever happen because the SPD is so low in the polls.” 

Before Schulz took over the SPD, few believed that after four years in the coalition government the party had a good chance in the upcoming election. “But Schulz arrived and said ‘I will be chancellor’ and it was like a phoenix rising from the ashes,” says Neugebauer.

Schulz revived the social-democratic tradition and spoke about social justice, but the delay of his election programme left many wondering whether he would be able to walk the walk – and his popularity started to fall.

“Compared to Merkel, he became less credible and less trustworthy,” says Neugebauer.  

The SPD are, of course, not the only left-wing party running. Back in Pankow, Caroline, a lawyer and a long-time SPD voter said she was considering voting for the more left-wing die Linke because she did not want to give her ballot to Schulz.

“There is something about him, he is not straightforward and he is too much like the CDU," she continues. "As the head of the EU Parliament, Schulz was good but I don’t think he has what it takes to tackle issues in Germany."

For Ulrike Queissner, also a Pankow resident, the SPD’s lurch to the centre convinced her to vote for die Linke: “The SPD has become mainstream and part of the establishment. It has become too close to the CDU and has no strong position anymore.”

Stable at about 8 per cent in the polls, die Linke is still trailing the extreme-right Alternative fur Deutschland (AfD), which is anticipated to win between 8 and 11 per cent of votes. This means it would enter the German parliament, the Bundestag, for the first time, becoming its third biggest party.

At the core of die Linke’s manifesto is the redistribution of wealth, a peaceful foreign policy and measures to stamp out the remaining social rift between east and west Germany.  

The party strives to challenge Merkel’s feel-good slogans by putting the spotlight on the discrepancies between rich and poor, and east and west.

 “When we look around to Portugal, Spain, Italy, and maybe even to the UK, we seem happy," says Liebich. "We don’t have an exit [from the EU] debate or a high unemployment rate. And yet, there is a part of Germany that sees that things are not going so well."

And for some of die Linke’s eastern electorate, immigration is at the top of the list of grievances, putting pressure on a party which has always defended an open door-policy – something Liebich acknowledges.

“In Berlin a majority of voters say they are open to people who need help, but in the eastern states, where we have a high unemployment rate and a lot of people who are not used to living with people of other cultures, there is a lot of anger."

That will add to concerns that large numbers of silent AfD supporters could create a surprise in the traditionally left-wing area of east Germany, where the far-right party is capitalising on the anti-immigration sentiment. The left seems to be squeezed between Merkel’s move to the centre ground and the AfD’s growing populist threat.

For Neugebauer the prospect of AfD members in parliament should force left-wing parties to sharpen their political lines, and form a consensus bloc against the rising extreme-right. The silver lining lies in the hope that all three left-wing parties – die Linke, die Grünen and die SPD – find themselves together in the opposition.

“Then, there would be an opportunity to start a conversation about what the parties have in common and start working together," he says. "It would be a chance for the German left to find itself again and create a vision for co-operation.” 

And yet, commentators still anticipate that at least some part of the left will end up working with Merkel, either through a grand coalition with the SPD or a three-way “Jamaica coalition”, with the pro-business FDP and the Greens. For the German left the time for cooperation, and a shot at taking charge of Germany's future, may still be some years away.