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.

Photo: Getty
Show Hide image

Unite stewards urge members to back Owen Smith

In a letter to Unite members, the officials have called for a vote for the longshot candidate.

29 Unite officials have broken ranks and thrown their weight behind Owen Smith’s longshot bid for the Labour leadership in an open letter to their members.

The officials serve as stewards, conveners and negotiators in Britain’s aerospace and shipbuilding industries, and are believed in part to be driven by Jeremy Corbyn’s longstanding opposition to the nuclear deterrent and defence spending more generally.

In the letter to Unite members, who are believed to have been signed up in large numbers to vote in the Labour leadership race, the stewards highlight Smith’s support for extra funding in the NHS and his vision for an industrial strategy.

Corbyn was endorsed by Unite, Labour's largest affliated union and the largest trades union in the country, following votes by Unite's ruling executive committee and policy conference. 

Although few expect the intervention to have a decisive role in the Labour leadership, regarded as a formality for Corbyn, the opposition of Unite workers in these industries may prove significant in Len McCluskey’s bid to be re-elected as general secretary of Unite.

 

The full letter is below:

Britain needs a Labour Government to defend jobs, industry and skills and to promote strong trade unions. As convenors and shop stewards in the manufacturing, defence, aerospace and energy sectors we believe that Owen Smith is the best candidate to lead the Labour Party in opposition and in government.

Owen has made clear his support for the industries we work in. He has spelt out his vision for an industrial strategy which supports great British businesses: investing in infrastructure, research and development, skills and training. He has set out ways to back British industry with new procurement rules to protect jobs and contracts from being outsourced to the lowest bidder. He has demanded a seat at the table during the Brexit negotiations to defend trade union and workers’ rights. Defending manufacturing jobs threatened by Brexit must be at the forefront of the negotiations. He has called for the final deal to be put to the British people via a second referendum or at a general election.

But Owen has also talked about the issues which affect our families and our communities. Investing £60 billion extra over 5 years in the NHS funded through new taxes on the wealthiest. Building 300,000 new homes a year over 5 years, half of which should be social housing. Investing in Sure Start schemes by scrapping the charitable status of private schools. That’s why we are backing Owen.

The Labour Party is at a crossroads. We cannot ignore reality – we need to be radical but we also need to be credible – capable of winning the support of the British people. We need an effective Opposition and we need a Labour Government to put policies into practice that will defend our members’ and their families’ interests. That’s why we are backing Owen.

Steve Hibbert, Convenor Rolls Royce, Derby
Howard Turner, Senior Steward, Walter Frank & Sons Limited
Danny Coleman, Branch Secretary, GE Aviation, Wales
Karl Daly, Deputy Convenor, Rolls Royce, Derby
Nigel Stott, Convenor, BASSA, British Airways
John Brough, Works Convenor, Rolls Royce, Barnoldswick
John Bennett, Site Convenor, Babcock Marine, Devonport, Plymouth
Kevin Langford, Mechanical Convenor, Babcock, Devonport, Plymouth
John McAllister, Convenor, Vector Aerospace Helicopter Services
Garry Andrews, Works Convenor, Rolls Royce, Sunderland
Steve Froggatt, Deputy Convenor, Rolls Royce, Derby
Jim McGivern, Convenor, Rolls Royce, Derby
Alan Bird, Chairman & Senior Rep, Rolls Royce, Derby
Raymond Duguid, Convenor, Babcock, Rosyth
Steve Duke, Senior Staff Rep, Rolls Royce, Barnoldswick
Paul Welsh, Works Convenor, Brush Electrical Machines, Loughborough
Bob Holmes, Manual Convenor, BAE Systems, Warton, Lancs
Simon Hemmings, Staff Convenor, Rolls Royce, Derby
Mick Forbes, Works Convenor, GKN, Birmingham
Ian Bestwick, Chief Negotiator, Rolls Royce Submarines, Derby
Mark Barron, Senior Staff Rep, Pallion, Sunderland
Ian Hodgkison, Chief Negotiator, PCO, Rolls Royce
Joe O’Gorman, Convenor, BAE Systems, Maritime Services, Portsmouth
Azza Samms, Manual Workers Convenor, BAE Systems Submarines, Barrow
Dave Thompson, Staff Convenor, BAE Systems Submarines, Barrow
Tim Griffiths, Convenor, BAE Systems Submarines, Barrow
Paul Blake, Convenor, Princess Yachts, Plymouth
Steve Jones, Convenor, Rolls Royce, Bristol
Colin Gosling, Senior Rep, Siemens Traffic Solutions, Poole

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.