Why the Fortnum & Mason protesters’ case matters

The judge said we had not been personally intimidating, then found us guilty anyway. What now for th

If 300 football fans chant together and then one assaults a rival supporter, are they all responsible? If you're on a protest and someone commits a crime and you don't leave immediately, can you be held to account for the person's actions? That was the question put before Westminster Magistrates' Court as we, the first ten defendants in the trials of those arrested for staging a sit-in at Fortnum & Mason on 26 March 2011, faced our verdict. We were found guilty of aggravated trespass; nine of us were given a conditional discharge and order to pay costs of £1,000 each, while the tenth was also fined.

The prosecution was required to prove an act beyond ordinary trespass — which on its own is not a crime. In this case, it argued that the protesters demonstrated intent to intimidate. Michael Snow, the district judge, accepted in his sentencing that none of us had been personally intimidating towards staff and shoppers, but said that under the terms of "joint enterprise" we were responsible for the actions of other protesters.

For the first few days of the trial, prosecution witness after prosecution witness — staff, customers and police officers — explained that most of those inside the store were, in the words of the chief inspector on the scene, "sensible" and "non-violent". One key prosecution witness, when asked by the prosecution barrister if he had seen anyone inside the store doing anything he believed to be criminal, said: "No." The police officers co-ordinating the case held their heads in their hands.

There is some evidence that a small number of acts inside the store may have been intimidating. There is no evidence that any of us on trial was responsible for these. In fact, in the case of many defendants, no individual evidence has been presented at all, and in my own case the court was shown footage of me engaged in the intimidating act of . . . facilitating a meeting inside the shop. But the prosecution maintained that we were guilty because we didn't leave when the intimidating acts allegedly took place. We will find out if the high court agrees when we take the case to appeal.

In a sense, this sort of verdict has been waiting to happen. In the past, it was hard to go on a potentially civilly disobedient protest without first knowing each other and planning it together. But in the Internet Age, it is increasingly easy to read a tweet and just pitch up at a location along with strangers. Can you, in this situation, be accused of "joint enterprise" with everyone at the resulting protest, even though you have never previously met them? Should everyone at such a protest be held accountable for the actions of everyone else? The implications of a guilty verdict are pretty scary — in effect, the Crown Prosecution Service and District Judge Snow believe that the only evidence they need to convict you for protesting is that someone else at the protest did something illegal.

This rests on a ludicrous premise: that it is acceptable to drag through the courts a group of people whose only crime is to have attended a "sensible" protest. Aggravated trespass legislation was introduced in 1994 as an explicit attempt to criminalise certain types of protest. Yet even this dubious law wasn't written so broadly as to include any demonstration in a shop.

This new development is worrying. Perhaps more worrying, however, is the disparity between the Crown's enthusiasm in pursuing the case, compared to their complete failure to convict a single banker over the acts that led to the financial crisis of 2007-2008. We'll see them again in the high court.

Adam Ramsay blogs for Bright Green

Adam Ramsay is co-editor of the UK section of openDemocracy, a contributor to bright-green.org and a long standing Green Party member.

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Corbyn's supporters loved his principles. But he ditched them in the EU campaign

Jeremy Corbyn never wanted Remain to win, and every gutless performance showed that. Labour voters deserve better. 

“A good and decent man but he is not a leader. That is the problem.” This was just-sacked Hilary Benn’s verdict on Jeremy Corbyn, and he’s two-thirds right. Corbyn is not a leader, and if that wasn’t obvious before the referendum campaign, it should be now. If the Vice documentary didn’t convince you that Corbyn is a man who cannot lead – marked by both insubstantiality and intransigence, both appalling presentation and mortal vanity – then surely his botched efforts for Remain must have.

But so what. Even Corbyn’s greatest supporters don’t rate him as a statesman. They like him because he believes in something. Not just something (after all, Farage believes in something: he believes in a bleached white endless village fete with rifle-toting freemen at the gates) but the right things. Socialist things. Non-Blairite things. The things they believe in. And the one thing that the EU referendum campaign should absolutely put the lie to is any image of Corbyn as a politician of principle – or one who shares his party’s values.

He never supported Remain. He never wanted Remain to win, and every gutless performance showed that. Watching his big centrepiece speech, anyone not explicitly informed that Labour was pro-Remain would have come away with the impression that the EU was a corrupt conglomerate that we’re better off out of. He dedicated more time to attacking the institution he was supposed to be defending, than he did to taking apart his ostensive opposition. And that’s because Leave weren’t his opposition, not really. He has long wanted out of the EU, and he got out.

It is neither good nor decent to lead a bad campaign for a cause you don’t believe in. I don’t think a more committed Corbyn could have swung it for Remain – Labour voters were firmly for Remain, despite his feeble efforts – but giving a serious, passionate account of what what the EU has done for us would at least have established some opposition to the Ukip/Tory carve-up of the nation. Now, there is nothing. No sound, no fury and no party to speak for the half the nation that didn’t want out, or the stragglers who are belatedly realising what out is going to mean.

At a vigil for Jo Cox last Saturday, a Corbyn supporter told me that she hoped the Labour party would now unify behind its leader. It was a noble sentiment, but an entirely misplaced one when the person we are supposed to get behind was busily undermining the cause his members were working for. Corbyn supporters should know this: he has failed you, and will continue to fail you as long as he is party leader.

The longer he stays in office, the further Labour drifts from ever being able to exercise power. The further Labour drifts from power, the more utterly hopeless the prospects for all the things you hoped he would accomplish. He will never end austerity. He will never speak to the nation’s disenfranchised. He will achieve nothing beyond grinding Labour ever further into smallness and irrelevance.

Corbyn does not care about winning, because he does not understand the consequences of losing. That was true of the referendum, and it’s true of his attitude to politics in general. Corbyn isn’t an alternative to right-wing hegemony, he’s a relic – happy to sit in a glass case like a saint’s dead and holy hand, transported from one rapturous crowd of true believers to another, but somehow never able to pull off the miracles he’s credited with.

If you believe the Labour party needs to be more than a rest home for embittered idealists – if you believe the working class must have a political party – if you believe that the job of opposing the government cannot be left to Ukip – if you believe that Britain is better than racism and insularity, and will vote against those vicious principles when given a reason to; if you believe any of those things, then Corbyn must go. Not just because he’s ineffectual, but because he’s untrustworthy too.

Some politicians can get away with being liars. There is a kind of anti-politics that is its own exemplum, whose representatives tell voters that all politicians are on the make, and then prove it by being on the make themselves and posing as the only honest apples in the whole bad barrel. That’s good enough for the right-wing populists who will take us out of Europe but it is not, it never has been, what the Labour Party is. Labour needs better than Corbyn, and the country that needs Labour must not be failed again.

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.