Free Francis Fernie. Resist political sentencing
fitwatch | 12.07.2011 16:48 | Public sector cuts | Repression
Last week, a 20 year old man was given twelve months for violent disorder relating to protests on March 26th outside Fortnum and Masons. He threw two placard sticks, neither of which hurt anyone nor were capable of causing harm.
This man, pictured in one of Operation Malone's witch hunts, handed himself in, gave admissions in interview and plead guilty at the first available opportunity. In mitigation his barrister explained he travelled to the demo because felt strongly about the cuts, did a lot of voluntary work and was due to start university in September.
This man, pictured in one of Operation Malone's witch hunts, handed himself in, gave admissions in interview and plead guilty at the first available opportunity. In mitigation his barrister explained he travelled to the demo because felt strongly about the cuts, did a lot of voluntary work and was due to start university in September.
Francis Fernie
Twenty five minutes of footage were played in court, and the judge, Nicholas Price, made it clear he was punishing Francis for the actions of others. There was no evidence he knew any of the other people or that there was any element of conspiracy.
We are not pretending it is easy to face violent disorder charges and crown court trials. Several fitwatchers have had crown court trials and we know how scary it can be. We give full and unconditional solidarity to all those facing charges from these protests regardless of how they have chosen to conduct their cases.
However, these cases must be challenged. Make no comment in police interviews and if they want to take us to court, fight them all the way and make them prove their case. Remember self defence is no offence and policing operations can be challenged in court.
Nobody gains from locking up people like Francis Fernie - this was a victimless crime where no one was hurt. Society doesn't gain, it loses. It loses a committed young man doing voluntary work and about to go to university.
The police and the courts are trying to crush dissent. The Met are going into intimidation overdrive using intesive stop and searches and arbitary arrests. Meanwhile, following the guidance of the ridiculous sentences given to the Gaza protesters, the courts are doling out disproportionate sentences attempting to show us protest will be not be tolerated.
Militant street action is always followed by a state crackdown. It would be unrealistic to expect anything different and it leaves us with a clear choice. Do we retreat back into our cosy lives or do we accept the risks and continue to build the struggle? Do we slink off with our tails between our legs or do we stand proud and defiant and fight back?
This is a sick system punishing a promising young man for the actions of others. It is a diseased system. It is rotten to the core and must be fought, resisted and broken
We are not pretending it is easy to face violent disorder charges and crown court trials. Several fitwatchers have had crown court trials and we know how scary it can be. We give full and unconditional solidarity to all those facing charges from these protests regardless of how they have chosen to conduct their cases.
However, these cases must be challenged. Make no comment in police interviews and if they want to take us to court, fight them all the way and make them prove their case. Remember self defence is no offence and policing operations can be challenged in court.
Nobody gains from locking up people like Francis Fernie - this was a victimless crime where no one was hurt. Society doesn't gain, it loses. It loses a committed young man doing voluntary work and about to go to university.
The police and the courts are trying to crush dissent. The Met are going into intimidation overdrive using intesive stop and searches and arbitary arrests. Meanwhile, following the guidance of the ridiculous sentences given to the Gaza protesters, the courts are doling out disproportionate sentences attempting to show us protest will be not be tolerated.
Militant street action is always followed by a state crackdown. It would be unrealistic to expect anything different and it leaves us with a clear choice. Do we retreat back into our cosy lives or do we accept the risks and continue to build the struggle? Do we slink off with our tails between our legs or do we stand proud and defiant and fight back?
This is a sick system punishing a promising young man for the actions of others. It is a diseased system. It is rotten to the core and must be fought, resisted and broken
fitwatch
Homepage:
http://www.fitwatch.org.uk/2011/07/12/free-francis-fernie-resist-political-sentencing/
Comments
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Nicholas Price
12.07.2011 19:47
Mark Barnsley
Remember too...
12.07.2011 21:30
The use of 'violent disorder' as the charge of choice by the CPS is also a political decision. I do not remember this charge being used so widely against dissent as it has been in the last year or so.
To a large degree, it is a 'catch-all' charge, so widely drawn that anyone could be done for it. Look at what the law (Public Order Act 1986 s.2) actually says:
1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.
3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
4) Violent disorder may be committed in private as well as in public places.
So, you can be guilty under it irrespective of what you are doing, where you are doing it and who else might be present. It's analogous to charges of 'conspiracy' in that respect.
That, of course, is its attraction to the State, along with the fact that it carries a maximum of five years in prison - longer than any comparable public order offence.
We must continue to campaign against politcised policing, politicised prosecuting and politicised sentencing.
TheJudge