AN ARMS protester from York should never have been acquitted of trying to obstruct the road at a London arms fair in 2015, High Court judges have ruled, but will not face a retrial.
Tom Franklin is one of eight protestors who lay down in front of lorries at the Defence & Security Equipment International (DSEI) exhibition.
In April 2016 they were cleared of obstructing the highway, but they then faced appeals from the CPS. Yesterday High Court judges ruled District Judge Angus Hamilton was wrong when he accepted protesters had been trying to stop more serious crimes being committed at the event.
An expert witness had told the judge there were historic breaches of UK arms exports controls at previous DSEI exhibitions.
Quashing the acquittals, Lord Justice Simon and Sir Kenneth Parker said the preventing crime defence was not relevant because there was no evidence a crime was “imminent and immediate” when the eight chained themselves up outside the ExCel centre.
There was no evidence of any illegal arms trading at the 2015 exhibition but the protesters regarded it as reasonable to assume the level of illegal activity was similar to what had allegedly occurred at earlier events, said Lord Justice Simon.
There was no evidence that the vehicles they obstructed were involved in unlawful activity, and there was nothing to link the obstruction of the highway with an imminent or immediate crime, said the judge.
However, the court decided not to order a retrial, saying it was not necessary in the “overall interests of justice”, in part because the eight were of previous good character.
In a statement released after the ruling, the eight said “we cannot rely on the Theresa Mays and Donald Trumps of this world”, claiming their idea of keeping the world safe and promoting human rights abroad was to arm “despotic” regimes.
Mr Franklin said they were disappointed, and considering an appeal against the High Court decision, which they fear will stop civilians being able to stop serious crimes.
The fact they will not face a retrial is unimportant, he added.
With another DSEI due to take place later this year, Mr Franklin said he fully intends to be there again to try and stop the sale of arms.
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