Judge: Colnbrook blockaders' arrest was unlawful

News

A magistrates judge has ruled that police acted unlawfully when arresting six anti-deportation campaigners who were blockading Colnbrook detention centre, near Heathrow airport, on 12th May, 2009, to try and prevent Iraqi refugees from being forcibly deported to Iraqi Kurdistan on a specially chartered flight.

Sitting at the Uxbridge Magistrates Court, judge Jane Wright concluded that “the exclusive aim” of giving the order under Section 14 of the Public Order Act by the senior police officer present at the scene, Inspector Beattie, was “to facilitate the deportation of a number of people to Iraq without further ado.”

Rejecting police claims that the protest would have caused ‘serious disruption to the life of the community’ or that its purpose was ‘to intimidate others’, she said, “By any view it cannot be said that the purpose of the demonstration was to intimidate. Its clear purpose was to prevent the deportation of an individual and I do not find that Inspector Beattie believed, let alone reasonably believed, that the purpose of the protesters was to intimidate others with a view to compelling them not to do an act they had a right to do. “Pronouncing her verdict, judge Wright said, “I have found that the only purpose of giving the order falls outside the considerations to which Inspector Beattie is entitled to have regard and it follows that the order was not lawful.” “If the order isn’t lawful,” she added, “it isn’t an offence not to comply with it and consequently I find all six of the defendants not guilty.”

The defendants’ argument was that their action was “reasonable and proportionate” to the threat faced by deportees and that the defence of necessity should be open to them. The Crown Prosecution did not accept that their actions were reasonable and proportionate and argued that a “reasonable person would not have acted in such a fashion” and even “the reasonable direct action protester” would not have acted in the way the defendants did, in reference to using glass and concrete blocks. Inspector Beattie, however, said in court, whilst giving evidence, that he had found the defendants “well behaved, pleasant even.”

For any further information or questions, please contact:

email: stopdeportation[at]riseup.net

Backgound:

Six campaigners from the Stop Deportation Network had encased their arms in glass and plastic tubes attached to concrete barrels, blocking the entrance to Colnbrook detention centre in an attempt to stop the coaches carrying deportees to the airport from leaving the detention centre. The five-hour blockade ended with all six being arrested under Section 14 of the Public Order Act. As soon as the blockade was removed by the police cutting team, three WH Tours and Woodcock coaches were seen leaving the detention centre carrying about 45 deportees. For more details, see the group’s press releases at http://stopdeportation.net/node/16 and http://stopdeportation.net/node/17.

Photos and video are available at http://www.ncadc.org.uk/430052.html

Judge: Colnbrook blockaders' arrest was unlawful

22 October 2009

A magistrates judge has ruled that police acted unlawfully when arresting
six anti-deportation campaigners who were blockading Colnbrook detention
centre, near Heathrow airport, on 12th May, 2009, to try and prevent Iraqi
refugees from being forcibly deported to Iraqi Kurdistan on a specially
chartered flight.[1]

Sitting at the Uxbridge Magistrates Court, judge Jane Wright concluded
that "the exclusive aim" of giving the order under Section 14 of the
Public Order Act by the senior police officer present at the scene,
Inspector Beattie, was "to facilitate the deportation of a number of
people to Iraq without further ado."[2]

Rejecting police claims that the protest would have caused 'serious
disruption to the life of the community' or that its purpose was 'to
intimidate others', she said, "By any view it cannot be said that the
purpose of the demonstration was to intimidate. Its clear purpose was to
prevent the deportation of an individual and I do not find that Inspector
Beattie believed, let alone reasonably believed, that the purpose of the
protesters was to intimidate others with a view to compelling them not to
do an act they had a right to do."[3]

Pronouncing her verdict, judge Wright said, "I have found that the only
purpose of giving the order falls outside the considerations to which
Inspector Beattie is entitled to have regard and it follows that the order
was not lawful." "If the order isn't lawful," she added, "it isn't an
offence not to comply with it and consequently I find all six of the
defendants not guilty."[4]

The defendants' argument was that their action was "reasonable and
proportionate" to the threat faced by deportees and that the defence of
necessity should be open to them. The Crown Prosecution did not accept
that their actions were reasonable and proportionate and argued that a
"reasonable person would not have acted in such a fashion" and even "the
reasonable direct action protester" would not have acted in the way the
defendants did, in reference to using glass and concrete blocks. Inspector
Beattie, however, said in court, whilst giving evidence, that he had found
the defendants "well behaved, pleasant even."

-ends-

For any further information or questions, please contact:
stopdeportation[at]riseup.net

Notes for editors:

[1] Six campaigners from the Stop Deportation Network had encased their
arms in glass and plastic tubes attached to concrete barrels, blocking the
entrance to Colnbrook detention centre in an attempt to stop the coaches
carrying deportees to the airport from leaving the detention centre. The
five-hour blockade ended with all six being arrested under Section 14 of
the Public Order Act. As soon as the blockade was removed by the police
cutting team, three WH Tours and Woodcock coaches were seen leaving the
detention centre carrying about 45 deportees. For more details, see the
Judge: Colnbrook blockaders' arrest was unlawful

22 October 2009

A magistrates judge has ruled that police acted unlawfully when arresting

six anti-deportation campaigners who were blockading Colnbrook detention

centre, near Heathrow airport, on 12th May, 2009, to try and prevent Iraqi

refugees from being forcibly deported to Iraqi Kurdistan on a specially

chartered flight.[1]

Sitting at the Uxbridge Magistrates Court, judge Jane Wright concluded

that "the exclusive aim" of giving the order under Section 14 of the

Public Order Act by the senior police officer present at the scene,

Inspector Beattie, was "to facilitate the deportation of a number of

people to Iraq without further ado."[2]

Rejecting police claims that the protest would have caused 'serious

disruption to the life of the community' or that its purpose was 'to

intimidate others', she said, "By any view it cannot be said that the

purpose of the demonstration was to intimidate. Its clear purpose was to

prevent the deportation of an individual and I do not find that Inspector

Beattie believed, let alone reasonably believed, that the purpose of the

protesters was to intimidate others with a view to compelling them not to

do an act they had a right to do."[3]

Pronouncing her verdict, judge Wright said, "I have found that the only

purpose of giving the order falls outside the considerations to which

Inspector Beattie is entitled to have regard and it follows that the order

was not lawful." "If the order isn't lawful," she added, "it isn't an

offence not to comply with it and consequently I find all six of the

defendants not guilty."[4]

The defendants' argument was that their action was "reasonable and

proportionate" to the threat faced by deportees and that the defence of

necessity should be open to them. The Crown Prosecution did not accept

that their actions were reasonable and proportionate and argued that a

"reasonable person would not have acted in such a fashion" and even "the

reasonable direct action protester" would not have acted in the way the

defendants did, in reference to using glass and concrete blocks. Inspector

Beattie, however, said in court, whilst giving evidence, that he had found

the defendants "well behaved, pleasant even."

-ends-

For any further information or questions, please contact:

stopdeportation[at]riseup.net

Notes for editors:

[1] Six campaigners from the Stop Deportation Network had encased their

arms in glass and plastic tubes attached to concrete barrels, blocking the

entrance to Colnbrook detention centre in an attempt to stop the coaches

carrying deportees to the airport from leaving the detention centre. The

five-hour blockade ended with all six being arrested under Section 14 of

the Public Order Act. As soon as the blockade was removed by the police

cutting team, three WH Tours and Woodcock coaches were seen leaving the

detention centre carrying about 45 deportees. For more details, see the

group's press releases at http://stopdeportation.net/node/16 and

http://stopdeportation.net/node/17. Photos and video are available at

http://www.indymedia.org.uk/en/2009/05/430420.html.

group's press releases at http://stopdeportation.net/node/16 and
http://stopdeportation.net/node/17. Photos and video are available at
http://www.indymedia.org.uk/en/2009/05/430420.html.

TAGS: