Greta Thunberg and four other defendants were found not guilty of violating the law when they refused to follow police instructions to proceed during a climate protest.
District Judge John Law dismissed the public order charge due to “lack of evidence” that any crime had been committed, adding that police had tried to impose “unlawful” conditions.
The 21-year-old was arrested during a climate change demonstration near the InterContinental Hotel in Mayfair on October 17.
The judge said that the conditions imposed on the protesters were “so unclear as to be illegal.”
He added that this means that “anyone who does not comply is not actually committing any crime.”
“civilized”
“It is surprising to me that no witness statements were taken from anyone in the hotel, about 1,000 people, or from anyone trying to get in,” he said.
He added: “There was no evidence of any vehicles being obstructed, no evidence of any interference with emergency services, or any threat to life.”
He said the protest was “peaceful, civilized and non-violent” and criticized evidence provided by the prosecution about where protesters should be taken, saying the only useful footage he received was “made by an abseiling protester”. .
“The law is not clear”
The court heard that protesters began gathering near the hotel in October last year at around 7.30am, and police co-operated with them on improving access for members of the public, which the prosecution claimed had become “impossible”.
The judge rejected the request because “the main argument was available (i.e.) that the condition… was not necessary when the defendants were arrested.”
analysis
Written by Sean Daily at Westminster Magistrates' Court
The judge was scathing about the police decision to impose illegal restrictions on Greta Thunberg and other climate protesters.
He simply saw no need to interfere with protesters' legitimate right to assemble to this extent.
The judge noted that the protest was peaceful and civilized. He said officers have ample opportunity to put in place less restrictive measures, such as using barricades to maintain access to the hotel.
He felt the methods used violated the legitimate rights of protesters on October 17, and said the conditions were so restrictive as to be illegal.
He has been highly critical of communications between Supt Matt Cox and lower-ranking officers.
Ultimately, Judge Low said that because the Section 14 restrictions were illegal, none of the defendants were guilty of a crime.
Speaking after the hearing, Raj Chadha, Ms Thunberg’s lawyer, told reporters: “The charges against them have rightly been dropped.
“The conditions imposed on the protest were unclear, uncertain and illegal.
“It was illegal because it disproportionately interfered with our clients’ right to freedom of expression.”
He said the government should “stop prosecuting peaceful protesters.”
“We will consider all options,” he added when asked whether civil action would be taken against those who filed the case.
Ms Thunberg appeared at Westminster Magistrates' Court after previously denying breaching the 1986 Public Order Act.
She was accused of violating Section 14 of the law by blocking the hotel entrance.
Ms Thunberg appeared in court with two Fossil Free London protesters and two Greenpeace activists, who also pleaded not guilty to the same crime.
Oil executives were meeting indoors for an energy information forum.
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