Pauline Campbell Not Guilty
John Moore | 27.09.2007 08:26 | Social Struggles
Around 15 protesters demonstrated in the morning to support Pauline Cambell and protest at the attempts to criminalise her for highlighting deaths at the hand of the State. The case finally concluded in the early evening with a not guilty verdict. The attempt to criminalise a grieving mother had failed.
Pauline Campbell, bereaved mother and campaigner highlighting the death of women in prisons arrived at North Avon Magistrates' Court on the morning of the 26th September to face criminal charges.
Pauline did not arrive alone. 15 demonstrators were waiting to show their support for her and to protest at the clearly political decision to fit her up on an ill fitting charge. As well as the demonstrators there were journalists and TV crews and Pauline both explained her case to them and highlighted the far more important issue of women's deaths and in particular the plight of the children whose mothers had died.
The court case started with a video of Pauline's demo at Eastwood Park Prison following the death of mother of five Caroline Powell. This showed the police arrive, accuse Pauline of aggravated trespass, ask her to leave the 'private' property of the prison and move on to 'public property'. Pauline did this. The police then read her a pre-prepared statement warning her if she returned to the private property at any time in the following three months she may be arrested. The video then showed a prison van try and enter the 'private road' Pauline moved swiftly into its path and within 30 seconds had been arrested. The police then dragged her to a police car.
We then heard the police evidence, it became apparent that their operation was pre-planned and they even admitted that the arrest had been pre-allocated to a probationary office. Much of their evidence was evasive and a couple of them seemed to be suffering from poor memories. The highlight was the arresting officer. Asked by Pauline's lawyer why he had arrested her he told the court that the main road was blocked as a result of Pauline 'stopping' the prison van. When asked if he was certain he said he was. He was then asked if 'not even eight cars and a motor cycle?' could get through. Unfortunately for the poor officer he had not been in court earlier when in an exchange the courts attention had been drawn to the video clearly showing eight cars and a motorbike going past the stationary van.
Pauline had originally been charged with aggravated trespass. The reason it had been changed to obstructing the highway became clear as the crowns case unfolded. The local council's highway expert tried to explain exactly where the division was between the public highway and the prison's private road. It turned out that Pauline was on the highway when arrested and therefore the original charge relating to trespass was nonsense. However working on the old police/CPS basis that where someone is clearly not guilty of a charge then that is not evidence of their innocence but of them not being charged with the right crime they decided to use Pauline's watertight defence....she was on the public highway...against her and charged her with obstructing the highway! (It's worth pointing out that she was arrested approx 30 seconds after stopping the van - less than the time a traffic light is on red)
Throughout this Pauline sat quietly. Pauline is a deeply committed woman driven by the death of her own daughter to campaign to highlight the scandal of the mass imprisonment of vulnerable women, the failure of prisons to carry out their duty of care and the unnecessary deaths that result. This committed and principled women had to watch whilst attempt were made to label her a criminal. Throughout the hearing she had in front of her a picture of the five young children of Caroline Powell.
Pauline's evidence was calm, assertive and she used the opportunity to draw the court's attention to the reason she was demonstrating. The CPS cross examination was particularly disgusting and unprincipled accusing Pauline of attention seeking and 'playing up to the cameras’.
Pauline was very fortunate, although she had been refused legal aid Peter Thornton QC had agreed to represent her in court for free. Throughout the trial he had delicately picked at the threads of the case against Pauline and he brought this all together with an amazing final submission. Whilst the judge tried to follow the links between one precedent after another the CPS lawyer quickly gave up. The police still in court were given a free lecture on the law which I hope they appreciate. All that was left was for the CPS lawyer to make her submission but it was clear her heart was not in it. This level of legal argument just didn't happen in Magistrates Court.
We were then left waiting whilst the District Judge deliberated. When he returned he gave a long judgement. To prove the case of 'obstructing the highway' it is necessary to show it is wilful, i.e. its deliberate. Given that the police had told Pauline she was not on the highway he was unable to conclude beyond doubt that she was willfully obstructing the highway and he therefore dismissed the charges.
Pauline has been put through this trial for political reasons. The state paid for a judge, 2 cps staff, one council official and four police officers to attend this court hearing. Thousands of pounds of public money has been spent trying to criminalise Pauline. Without the skill and knowledge of a top QC they may have succeeded. Pauline has had to live with the cloud of a criminal record over her head and the process has clearly taken its toil on her. However she remains determined to stand up for what she knows is right. this case was an attempt to bully her into giving up. Her campaigning continues.
By the end of the case there were still 13 supporters of Pauline's in court. The demo before was also important. Pauline has shown great courage please show your support by posting a comment below.
Pauline did not arrive alone. 15 demonstrators were waiting to show their support for her and to protest at the clearly political decision to fit her up on an ill fitting charge. As well as the demonstrators there were journalists and TV crews and Pauline both explained her case to them and highlighted the far more important issue of women's deaths and in particular the plight of the children whose mothers had died.
The court case started with a video of Pauline's demo at Eastwood Park Prison following the death of mother of five Caroline Powell. This showed the police arrive, accuse Pauline of aggravated trespass, ask her to leave the 'private' property of the prison and move on to 'public property'. Pauline did this. The police then read her a pre-prepared statement warning her if she returned to the private property at any time in the following three months she may be arrested. The video then showed a prison van try and enter the 'private road' Pauline moved swiftly into its path and within 30 seconds had been arrested. The police then dragged her to a police car.
We then heard the police evidence, it became apparent that their operation was pre-planned and they even admitted that the arrest had been pre-allocated to a probationary office. Much of their evidence was evasive and a couple of them seemed to be suffering from poor memories. The highlight was the arresting officer. Asked by Pauline's lawyer why he had arrested her he told the court that the main road was blocked as a result of Pauline 'stopping' the prison van. When asked if he was certain he said he was. He was then asked if 'not even eight cars and a motor cycle?' could get through. Unfortunately for the poor officer he had not been in court earlier when in an exchange the courts attention had been drawn to the video clearly showing eight cars and a motorbike going past the stationary van.
Pauline had originally been charged with aggravated trespass. The reason it had been changed to obstructing the highway became clear as the crowns case unfolded. The local council's highway expert tried to explain exactly where the division was between the public highway and the prison's private road. It turned out that Pauline was on the highway when arrested and therefore the original charge relating to trespass was nonsense. However working on the old police/CPS basis that where someone is clearly not guilty of a charge then that is not evidence of their innocence but of them not being charged with the right crime they decided to use Pauline's watertight defence....she was on the public highway...against her and charged her with obstructing the highway! (It's worth pointing out that she was arrested approx 30 seconds after stopping the van - less than the time a traffic light is on red)
Throughout this Pauline sat quietly. Pauline is a deeply committed woman driven by the death of her own daughter to campaign to highlight the scandal of the mass imprisonment of vulnerable women, the failure of prisons to carry out their duty of care and the unnecessary deaths that result. This committed and principled women had to watch whilst attempt were made to label her a criminal. Throughout the hearing she had in front of her a picture of the five young children of Caroline Powell.
Pauline's evidence was calm, assertive and she used the opportunity to draw the court's attention to the reason she was demonstrating. The CPS cross examination was particularly disgusting and unprincipled accusing Pauline of attention seeking and 'playing up to the cameras’.
Pauline was very fortunate, although she had been refused legal aid Peter Thornton QC had agreed to represent her in court for free. Throughout the trial he had delicately picked at the threads of the case against Pauline and he brought this all together with an amazing final submission. Whilst the judge tried to follow the links between one precedent after another the CPS lawyer quickly gave up. The police still in court were given a free lecture on the law which I hope they appreciate. All that was left was for the CPS lawyer to make her submission but it was clear her heart was not in it. This level of legal argument just didn't happen in Magistrates Court.
We were then left waiting whilst the District Judge deliberated. When he returned he gave a long judgement. To prove the case of 'obstructing the highway' it is necessary to show it is wilful, i.e. its deliberate. Given that the police had told Pauline she was not on the highway he was unable to conclude beyond doubt that she was willfully obstructing the highway and he therefore dismissed the charges.
Pauline has been put through this trial for political reasons. The state paid for a judge, 2 cps staff, one council official and four police officers to attend this court hearing. Thousands of pounds of public money has been spent trying to criminalise Pauline. Without the skill and knowledge of a top QC they may have succeeded. Pauline has had to live with the cloud of a criminal record over her head and the process has clearly taken its toil on her. However she remains determined to stand up for what she knows is right. this case was an attempt to bully her into giving up. Her campaigning continues.
By the end of the case there were still 13 supporters of Pauline's in court. The demo before was also important. Pauline has shown great courage please show your support by posting a comment below.
John Moore
e-mail:
nomoreprison@aol.com
Homepage:
http://www.alternatives2prison.ik.com