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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Commons Confidential: Fearing the Wigan warrior

An electoral clash, select committee elections as speed dating, and Ed Miliband’s political convalescence.

Members of Labour’s disconsolate majority, sitting in tight knots in the tearoom as the MP with the best maths skills calculates who will survive and who will die, based on the latest bad poll, observe that Jeremy Corbyn has never been so loyal to the party leadership. The past 13 months, one told me, have been the Islington rebel’s longest spell without voting against Labour. The MP was contradicted by a colleague who argued that, in voting against Trident renewal, Corbyn had defied party policy. There is Labour chatter that an early general election would be a mercy killing if it put the party out of its misery and removed Corbyn next year. In 2020, it is judged, defeat will be inevitable.

The next London mayoral contest is scheduled for the same date as a 2020 election: 7 May. Sadiq Khan’s people whisper that when they mentioned the clash to ministers, they were assured it won’t happen. They are uncertain whether this indicates that the mayoral contest will be moved, or that there will be an early general election. Intriguing.

An unguarded retort from the peer Jim O’Neill seems to confirm that a dispute over the so-called Northern Powerhouse triggered his walkout from the Treasury last month. O’Neill, a fanboy of George Osborne and a former Goldman Sachs chief economist, gave no reason when he quit Theresa May’s government and resigned the Tory whip in the Lords. He joined the dots publicly when the Resolution Foundation’s director, Torsten Bell, queried the northern project. “Are you related to the PM?” shot back the Mancunian O’Neill. It’s the way he tells ’em.

Talk has quietened in Westminster Labour ranks of a formal challenge to Corbyn since this year’s attempt backfired, but the Tories fear Lisa Nandy, should the leader fall under a solar-powered ecotruck selling recycled organic knitwear.

The Wigan warrior is enjoying favourable reviews for her forensic examination of the troubled inquiry into historic child sex abuse. After Nandy put May on the spot, the Tory three-piece suit Alec Shelbrooke was overheard muttering: “I hope she never runs for leader.” Anna Soubry and Nicky Morgan, the Thelma and Louise of Tory opposition to Mayhem, were observed nodding in agreement.

Select committee elections are like speed dating. “Who are you?” inquired Labour’s Kevan Jones (Granite Central)of a stranger seeking his vote. She explained that she was Victoria Borwick, the Tory MP for Kensington, but that didn’t help. “This is the first time you’ve spoken to me,” Jones continued, “so the answer’s no.” The aloof Borwick lost, by the way.

Ed Miliband is joining Labour’s relaunched Tribune Group of MPs to continue his political convalescence. Next stop: the shadow cabinet?

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 27 October 2016 issue of the New Statesman, American Rage