Photographer arrested over 'weapon' near Drax

I've copied this from comments as it's important that it is seen. The media have been feed bullshit statements by the police about weapons being found on protesters and the story below is from one of those people (not a protester at all in this case). It's important to counter the deliberate misinformation coming from the police about weapons. Their press statements have resulted for example in a Reuters piece saying that the majority of those arrested were for possesion of weapons or crimnal damage which simply isn't true. The two arrests for weapons include the photograper below and a cyclist who had a screwdriver in his tool kit that the police said was an offensive weapon! Both these people have been released without charge and yet the police and media are still quoting these arrests as if they are indicative of violent intent by protesters....

(Would the author of the article below please contact either the legal or media team at the climate camp ASAP)

I am writing this after a very long day.

Today I went down to Drax power station (near Selby) with my camera gear, to take photographs of the demonstration.

I arrived at the station at around 6am. I went with my dog too.

I was asked by several police to get out and search my car. Which I did no problem.

In the boot of the car had lots of old diy tools as I was given them when my uncle died. A policeman pulled it all out and lay it on the floor. Some items scattered on the road.

He told me that I would be arrested if I took any photographs and said he would instruct other police to arrest me. I told him I believed that he was wrong and that I was free to take the shots.

He got angry and told me to put the items back in the car.

I noticed my uncles pocket knife which I picked up and put it in my pocket to save it being damaged. To be honest I did this automatically as I use them a lot in my life. Often I have one when I go sailing, and also use them to open dv tape boxes and so on.

I was then told I would be searched, so I said no problems as ll I had what the pocket fold up knife and my switch card.

I was then told I would be arrested. To be honest I thought he was just having a joke. This was until I had the cuffs put on.

I was then placed into a van. Then they disided to put me into a car. They let me take the dog in the car. I had to leave my car with £5000 worth of camera gear in the boot.

At the police station they put my dog into a dog cell (Selby poliucestation) which clearly stressed him out.

At the station I gave my details, fingerprints and dna. To be honest I did not mind doing this as i thought at least if I ever get killed its going to be easer to id me.

But then I was placed in the cells. This was about 6.30am.

I was locked up with no shoes. Just sat in a small cell. In truth this was the most disturbing thing that I had ever experienced. I felt that I had lost all rights and freedom.

I was there till 11am. I was feeling rather sick and stressed out. I feared for my dog and also feared if my car got broke into.

I was then interviewed. I declined a solicitor. Maybe it was foolish, but Ifeel only someone who needs to create a story needs a solicitor. I had nothing to hide.

I explained what I had done. They informed me that the polcman had said “its a lock knife mate”. I was shocked as for a start I had no idea what tipe of knife it was, and I have never called anyone mate in my life. To be honest I did not think a 3” fold up fishing knife (its for fishing) was illegal. I pointed out that my record was clean and to be honest the only reason I was nicked was to stop me taking photographs.

I was then taken back to the cells.

After a short period I was informed that they would investigate further and to report to York police station on Sept 6th.

I then had to walk about 8 miles back to my car (at Drax power station). It was around 1pm. My feet were bleeding from walking so far. At least it gave the dog a good walk.

When I arrived ITN and a few other stations were filming, so clearly the no filming rule had been drooped. I managed to take some shots too.

So now I am home and rather upset from bering arrested.

I do not for a moment believe that the police will take my word over one of there officers. But to be honest I now feel that we have less rights than people did under the old USSR system.

I have lost faith in the law. I sawe today an abuse of police power. I know if I did not have the camera gear I would never been charged.

I find it microwavable that its a crime to transport in my car a pocket knife along with other tools. On this basis I suspect that I will be radid as I have knives and forks in the house.

So I write this, not to seek help. But to simply state that today I witnessed police abuse. England is no longer a safe place for me to live. I now fear the police powers for more than any criminal or barrister. I shall start to pack my things together as I now wish to leave this country to one that is honest and fair.

Sincerely,

Adam Hamilton Blake

Ps

Please forgive my spellings as I am dyslexic.

Pps

I made it to the news:

http://news.bbc.co.uk/1/hi/england/north_yorkshire/5304872.stm
A man arrested on suspicion of carrying an offensive weapon on Friday morning was being questioned and the remainder had been released on bail.

repost from comments

Additions

You need legal advice on this

01.09.2006 13:51

There's case law on this. When parliament prohibited the posession in a public place of 'lock knives' with a blade not exceeding three inches (absent lawful authority or reasonable excuse) the intention was to prohibit things like Stanley knifes. Anyone may possess a 'folding pocket knife' of not more than three inches without needing lawful authority or reasonable excuse, and the courts have ruled that a folding pocket knife with a locking action is still a folding pocket knife.

I'll try and find the case law. Meanwhile, the arrested person should take legal advice and decline to say anything until he has. This is the sort of thing duty solicitors deal with all the time.

Drax the Destroyer

DESMOND GARCIA DEEGAN, R v. [1998] EWCA Crim 385 (4th February, 1998)

01.09.2006 14:07

The judgement contradicts itself by dismissing the appeal, but the interesting bit is at the end.

Application for leave to appeal to the House of Lords refused, but point of general public importance certified as follows:
'That the article 'a folding pocket knife' as mentioned in section 139(2) Criminal Justice Act 1988 as being an exemption subject to subsection (3) to the offence made by section 139(1) means a knife that has a blade that folds, whether or not it (the blade) is capable of being opened and locked into an open position and equally capable of being folded once the mechanism had been operated to unlock the blade.'

Drax the Destroyer
Homepage: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Crim/1998/385.html&query=Desmond+Garcia+&method=phrase

Get clued up!

01.09.2006 15:01

Though of course you have my sympathy I get tired of the apparent naivety of many police victims and their trust in the system. Before you get anywhere near the cops, most of whom are inveterate liars and bullies, do study the subject carefully and make sure you have the phone number of a solicitor who actually cares about civil liberties and human rights. Never trust a duty solicitor and always say as little as possible, preferably 'No comment', until your own solicitor arrives.

Suggest you peruse the following for future reference.

http://www.activistslegalproject.org.uk/briefings.htm

http://www.activist-trauma.net/

http://www2.phreak.co.uk/ldmg/No%20Comment_3rd_Edition1.pdf

http://www.liberty-human-rights.org.uk/issues/6-free-speech/s44-terrorism-act/index.shtml

Itsme