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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25 times people used Brexit to attack Muslims since the EU referendum

Some voters appear more interested in expelling Muslims than EU red tape.

In theory, voting for Brexit because you were worried about immigration has nothing to do with Islamophobia. It’s about migrant workers from Eastern Europe undercutting wages. Or worries about border controls. Or the housing crisis. 

The reports collected by an anti-Muslim attack monitor tell a different story. 

Every week, the researchers at Tell Mama receive roughly 40-50 reports of Islamophobic incidences.

But after the EU referendum, they recorded 30 such incidents in three days alone. And many were directly related to Brexit. 

Founder Fiyaz Mughal said there had been a cluster of hate crimes since the vote:

“The Brexit vote seems to have given courage to some with deeply prejudicial and bigoted views that they can air them and target them at predominantly Muslim women and visibly different settled communities.”

Politicians have appeared concerned. On Monday, as MPs grappled with the aftermath of the referendum, the Prime Minister David Cameron stated “loud and clear” that: “Just because we are leaving the European Union, it will not make us a less tolerant, less diverse nation.”

But condemning single racist incidents is easier than taking a political position that appeases the majority and protects the minority at the same time. 

As the incidents recorded make clear, the aggressors made direct links between their vote and the racial abuse they were now publicly shouting.

The way they told it, they had voted for Muslims to “leave”. 
 
Chair of Tell Mama and former Labour Justice and Communities Minister, Shahid Malik, said:

“With the backdrop of the Brexit vote and the spike in racist incidents that seems to be emerging, the government should be under no illusions, things could quickly become
extremely unpleasant for Britain’s minorities.

“So today more than ever, we need our government, our political parties and of course our media to act with the utmost responsibility and help steer us towards a post-Brexit Britain where xenophobia and hatred are utterly rejected.”

Here are the 25 events that were recorded between 24 and 27 June that directly related to Brexit. Please be aware that some of the language is offensive:

  1. A Welsh Muslim councillor was told to pack her bags and leave.
  2. A man in a petrol station shouted: "You're an Arabic c**t, you're a terrorist" at an Arab driver and stated he “voted them out”. 
  3. A Barnsley man was told to leave and that the aggressor’s parents had voted for people like him to be kicked out.
  4. A woman witnessed a man making victory signs at families at a school where a majority of students are Muslim.
  5. A man shouted, “you f**king Muslim, f**king EU out,” to a woman in Kingston, London. 
  6. An Indian man was called “p**i c**t in a suit” and told to “leave”.
  7. Men circled a Muslim woman in Birmingham and shouted: “Get out - we voted Leave.”
  8. A British Asian mother and her two children were told: "Today is the day we get rid of the likes of you!" by a man who then spat at her. 
  9. A man tweeted that his 13-year-old brother received chants of “bye, bye, you’re going home”.
  10. A van driver chanted “out, out, out”, at a Muslim woman in Broxley, Luton
  11. Muslims in Nottingham were abused in the street with chants of: “Leave Europe. Kick out the Muslims.”
  12. A Muslim woman at King’s Cross, London, had “BREXIT” yelled in her face.
  13. A man in London called a South Asian woman “foreigner” and commented about UKIP.
  14. A man shouted “p**i” and “leave now” at individuals in a London street.
  15. A taxi driver in the West Midlands told a woman his reason for voting Leave was to “get rid of people like you”.
  16. An Indian cyclist was verbally abused and told to “leave now”. 
  17. A man on a bike swore at a Muslim family and muttered something about voting.
  18. In Newport, a Muslim family who had not experienced any trouble before had their front door kicked in.
  19. A South Asian woman in Manchester was told to “speak clearly” and then told “Brexit”. 
  20. A Sikh doctor was told by a patient: “Shouldn’t you be on a plane back to Pakistan? We voted you out.”
  21. An abusive tweet read: “Thousands of raped little White girls by Muslims mean nothing to Z….#Brexit”.
  22. A group of men abused a South Asian man by calling him a “p**i c**t” and telling him to go home after Brexit.
  23. A man shouted at a taxi driver in Derby: "Brexit, you p**i.”
  24. Two men shouted at a Muslim woman walking towards a mosque “muzzies out” and “we voted for you being out.”
  25. A journalist was called a “p**i” in racial abuse apparently linked to Brexit.