The charges against two people arrested during a demonstration outside a meeting of the International Energy and Environment ministers last month have now been dropped due to lack of evidence [read as, no legitimate grounds for arrest in the first place].
One of the two arrested was a journalist who had been filming the protest for a collaborative film about the G8. Here is his statement about the events surrounding his arrest.
One of the two arrested was a journalist who had been filming the protest for a collaborative film about the G8. Here is his statement about the events surrounding his arrest.
According to information posted on the Indymedia newswire, the demonstration was due to start at 12 o'clock midday and finish at 2pm. I arrived at Chiswell Street around 1.20pm and began to film establishing shots and wide shots of the demonstration and the banner. I recognised and greeted a freelance photographer who I have meet at other events I have been covering and also at NUJ branch meetings.
Shortly after, I walked down Milton Street, the side street where the protesters had been placed behind a metal barricade opposite a side entrance to the Brewery. At this point I began to film the various costums and noise making implements along with the police guarding the gateway and what could be seen of the courtyard beyond. I also recorded the speeches made by demonstrators using a megaphone and the general audio-scape of the noise making for possible radio use.
With nothing new happening, I left the side street and returned to Chiswell Street in order to film public responses. I spent a few minutes doing this and then was about to go and film the main entrance to the brewery when the protesters started moving off. I filmed the group as they packed up and moved off assuming the demo had finished. However on reaching Chiswell Street they turned left towards the main entrance so I ran ahead to film their arrival. The protesters shortly reached the front entrance where the police had quickly mobilised a line in front of the gates. I filmed the reaction of the security and delegates within the courtyard beyond the gates. A speech was made over the megaphone which I recorded and I also filmed the BBC reporter who had emerged from within the building to film what was taking place in the street. Around this time I became aware of an arrest as shouts of protest eliminated from the crowd. I turned and moved to film the aftermath of the arrest and moved towards the other side of the road in order to get a better shot.
The police then started to move the remains of the group back down the road in the direction from which they came and I film from the opposite side of the road. Shortly I was approached by a couple of police officers who asked whether I was part of the demonsttration. I explained that I am a journalist and was then asked for my credintials so I showed them my NUJ card which the two officers scrutised carefully front and back for quite some time. During this time, the freelance photo journalist (who I'd spoke to earlier during the event) was taking pictures and I was filming the police examining my NUJ card. Also witnessing the incident was the police videographer who videoed the process.
With these two officers apparently satisfied with my credentials, I continued along Chiswell Street road to overtake the slowly moving group of police and demonstrators on the opposite side of the road. I then crossed the road just beyond the junction with Milton Street and began filming the approach of the group but almost immediately I was grabbed by a police officer who tried to push me into Milton Street along with the first of the protesters. Knowing that I would be in a poor position to continue filming events if I was forced down the side street I tried to explain that I was a journalist but was ignored and immediately told that I was under arrest. Shocked, I tried again to explain that I had just shown other officers my NUJ card and that it was in my pocket but the arresting officer pushed me violently up again the wall of a building and forced my arm up behind my back causing me great pain.
I noticed that the police officer who had just been filming me when I showed my press credentials on the opposite side of the road, was now filming my arrest but he offered no comment. My camera was then taken off me and switched off and I was roughly placed in hand cuffs. I asked for a receipt for the camera but was refused. I tried to keep my camera in sight at all times as I was concerned about what the police might do with my footage, but I unable to keep track of it as I was then lead away and placed in a police van.
On route to Wood Street police station the arresting officer tried to make conversation but I avoided engaging. He asked me my name to which I replied that had he bothered to look at my ID he wouldn't need to be asking me now and added that I thought it best to leave answering any questions until at the police station. I asked him his name but he just laughed so the small talk pretty much ended there.
At the police station I was forced to stand in handcuffs for about half an hour outside before being taken to the custody desk. When I was finally taken before the custody officer I was informed that I had been arrested for ignoring a section 14 order and explained my rights under PACE. At this stage I requested a copy of PACE, plus a pencil and paper (so that I could make notes about what had just happened) however these were never provided.
I was detained for around 10 hours before being released. I was charged and released on police bail. The conditions imposed with bail were that I do not enter The City of London and that I do not attend Derby or the venue of the G8 Energy and Environment Ministerial meeting on the 18th March.
The police retained my video footage, my video camera, my radio mic, my voice recorder, and the USB adaptor for my laptop. I formally complained that the bail conditions would make my daily travel anywhere within London really difficult and also stressed that the retention of my audio visual equipment would seriously undermine my ability to go about my usual work.
Since then I have attended the first court date and plead not guilty. The issue of the bail conditions came up and although I am now able to travel into and through The City of London, I am now prevented from going within 200 meters of a G8 meeting.
My equipment had still not been returned and I am to return to court for another interim hearing on the 7th April where a trial date should be set. [now cancelled]
In the meantime I have been suffering from pain and impaired use of my left arm as a result of injures to my shoulder during arrest. I visited my GP on the Thursday following the incident and was subsequently prescribed pain killers and referred to a physiotherapist. My consultation with the physiotherapist reveal damage to the muscles that hold my shoulder into it's socket and results in unbalance posture and limited and painful movement with the left arm. In order to ensure correct and speedy recovery of the effected muscles I now have to carry out a series of exercises three times everyday and I have further appointments to keep with the physiotherapist.
My camera and the rest of my equipment have still not been returned and due to court dates I have been unable to make arrangements to attend the 'festival of dissent' in order to further cover the build up to the G8 in July.
I have now heard that the charges against me, and the other person arrested on the day, have been dropped. I can't say I am suprised as it was obviously a waste of court time on a case that the police could not win. What did shock me however was the lies made in police statements and notes made on the day - lies which would have been contradicted by their own video evidence from the day as well as dozens of witnesses who could have been called.
As I write, over 35 police officers and other officials in Italy are being prosecuted for extreme human rights abuse during the 2001 G8 in Genoa. The police violence which left one demonstrator dead, 351 people wounded, and over 301 arrested, were well documented and covered around the world - but not in the Italian mass media which is controlled by president Silvio Berlusconi (millionaire media tycoon). With the G8 taking place in Scotland in just a couple more months it is vital that journalists are unrestricted in their ability to report on what takes place.
Shortly after, I walked down Milton Street, the side street where the protesters had been placed behind a metal barricade opposite a side entrance to the Brewery. At this point I began to film the various costums and noise making implements along with the police guarding the gateway and what could be seen of the courtyard beyond. I also recorded the speeches made by demonstrators using a megaphone and the general audio-scape of the noise making for possible radio use.
With nothing new happening, I left the side street and returned to Chiswell Street in order to film public responses. I spent a few minutes doing this and then was about to go and film the main entrance to the brewery when the protesters started moving off. I filmed the group as they packed up and moved off assuming the demo had finished. However on reaching Chiswell Street they turned left towards the main entrance so I ran ahead to film their arrival. The protesters shortly reached the front entrance where the police had quickly mobilised a line in front of the gates. I filmed the reaction of the security and delegates within the courtyard beyond the gates. A speech was made over the megaphone which I recorded and I also filmed the BBC reporter who had emerged from within the building to film what was taking place in the street. Around this time I became aware of an arrest as shouts of protest eliminated from the crowd. I turned and moved to film the aftermath of the arrest and moved towards the other side of the road in order to get a better shot.
The police then started to move the remains of the group back down the road in the direction from which they came and I film from the opposite side of the road. Shortly I was approached by a couple of police officers who asked whether I was part of the demonsttration. I explained that I am a journalist and was then asked for my credintials so I showed them my NUJ card which the two officers scrutised carefully front and back for quite some time. During this time, the freelance photo journalist (who I'd spoke to earlier during the event) was taking pictures and I was filming the police examining my NUJ card. Also witnessing the incident was the police videographer who videoed the process.
With these two officers apparently satisfied with my credentials, I continued along Chiswell Street road to overtake the slowly moving group of police and demonstrators on the opposite side of the road. I then crossed the road just beyond the junction with Milton Street and began filming the approach of the group but almost immediately I was grabbed by a police officer who tried to push me into Milton Street along with the first of the protesters. Knowing that I would be in a poor position to continue filming events if I was forced down the side street I tried to explain that I was a journalist but was ignored and immediately told that I was under arrest. Shocked, I tried again to explain that I had just shown other officers my NUJ card and that it was in my pocket but the arresting officer pushed me violently up again the wall of a building and forced my arm up behind my back causing me great pain.
I noticed that the police officer who had just been filming me when I showed my press credentials on the opposite side of the road, was now filming my arrest but he offered no comment. My camera was then taken off me and switched off and I was roughly placed in hand cuffs. I asked for a receipt for the camera but was refused. I tried to keep my camera in sight at all times as I was concerned about what the police might do with my footage, but I unable to keep track of it as I was then lead away and placed in a police van.
On route to Wood Street police station the arresting officer tried to make conversation but I avoided engaging. He asked me my name to which I replied that had he bothered to look at my ID he wouldn't need to be asking me now and added that I thought it best to leave answering any questions until at the police station. I asked him his name but he just laughed so the small talk pretty much ended there.
At the police station I was forced to stand in handcuffs for about half an hour outside before being taken to the custody desk. When I was finally taken before the custody officer I was informed that I had been arrested for ignoring a section 14 order and explained my rights under PACE. At this stage I requested a copy of PACE, plus a pencil and paper (so that I could make notes about what had just happened) however these were never provided.
I was detained for around 10 hours before being released. I was charged and released on police bail. The conditions imposed with bail were that I do not enter The City of London and that I do not attend Derby or the venue of the G8 Energy and Environment Ministerial meeting on the 18th March.
The police retained my video footage, my video camera, my radio mic, my voice recorder, and the USB adaptor for my laptop. I formally complained that the bail conditions would make my daily travel anywhere within London really difficult and also stressed that the retention of my audio visual equipment would seriously undermine my ability to go about my usual work.
Since then I have attended the first court date and plead not guilty. The issue of the bail conditions came up and although I am now able to travel into and through The City of London, I am now prevented from going within 200 meters of a G8 meeting.
My equipment had still not been returned and I am to return to court for another interim hearing on the 7th April where a trial date should be set. [now cancelled]
In the meantime I have been suffering from pain and impaired use of my left arm as a result of injures to my shoulder during arrest. I visited my GP on the Thursday following the incident and was subsequently prescribed pain killers and referred to a physiotherapist. My consultation with the physiotherapist reveal damage to the muscles that hold my shoulder into it's socket and results in unbalance posture and limited and painful movement with the left arm. In order to ensure correct and speedy recovery of the effected muscles I now have to carry out a series of exercises three times everyday and I have further appointments to keep with the physiotherapist.
My camera and the rest of my equipment have still not been returned and due to court dates I have been unable to make arrangements to attend the 'festival of dissent' in order to further cover the build up to the G8 in July.
I have now heard that the charges against me, and the other person arrested on the day, have been dropped. I can't say I am suprised as it was obviously a waste of court time on a case that the police could not win. What did shock me however was the lies made in police statements and notes made on the day - lies which would have been contradicted by their own video evidence from the day as well as dozens of witnesses who could have been called.
As I write, over 35 police officers and other officials in Italy are being prosecuted for extreme human rights abuse during the 2001 G8 in Genoa. The police violence which left one demonstrator dead, 351 people wounded, and over 301 arrested, were well documented and covered around the world - but not in the Italian mass media which is controlled by president Silvio Berlusconi (millionaire media tycoon). With the G8 taking place in Scotland in just a couple more months it is vital that journalists are unrestricted in their ability to report on what takes place.
Comments
Hide the following 8 comments
Prosecute them!
05.04.2005 16:26
fuck the police
Prosecute them!
05.04.2005 16:26
fuck the police
Shocking
05.04.2005 21:39
What worries me is that you are clearly a 'proper' journo and they still did this. I make no money from my attempts to film and document events so no press card for me, so what on earth will they do to me and my very expensive equipment???
Scary.
Zaskar
e-mail:
markdwatson@blueyonder.co.uk
Homepage:
http://www.zaskarfilms.com
fear
06.04.2005 00:11
freedom?
athena
Abuse of police powers
06.04.2005 00:20
charles
I AM NOT SURPRISED.
06.04.2005 07:17
Doug
Charges dropped?
06.04.2005 12:34
That doesn't sound quite the same as dropping charges. Have the bail conditions been dropped?
Unless I missunderstand, this sounds twice as dodgy and just a continuation of the intimidation and harrasment. If the cops didn't have sufficient evidence in the first place then those arrested should have been released on bail without charge while the police made further investigations.
Sue the fuckers!
curious
Discontinuance
06.04.2005 13:13
(taken from
There are three methods of terminating proceedings in the magistrates' court. The first is by the use of the power in section 23 Prosecution of Offences Act 1985 ('s.23'). The second is by applying to withdraw the summons or charge [ie. drop the charges] and the third is by offering no evidence in court.
Discontinuance under s.23 can take place at any time until the magistrates begin to hear evidence in a trial. Timely termination of proceedings is in the interests of justice. The power to discontinue enables The CPS to terminate proceedings as soon as practicable after the decision is taken and avoids the need for a court hearing or the attendance of the parties. It also enables a defendant in custody to be released immediately without the need to wait until the next hearing. For these reasons, where it is intended to discontinue the entire proceedings, the preferred method of termination is normally discontinuance under s.23. The procedure is set out later.
As a general rule, a decision to terminate proceedings on the ground of public interest is final. Only in exceptional cases is it appropriate to re-institute proceedings terminated on public interest grounds. On the other hand, when the decision has been taken on the basis of insufficient evidence, it is open to the prosecution to re-institute the proceedings if further evidence comes to light.
The court has a duty to inform sureties and persons responsible for ensuring compliance with bail conditions that the proceedings have been discontinued. Discontinuance automatically stops any bail conditions which apply to the terminated proceedings. It will avoid any misunderstanding if the police are also reminded that the bail conditions no longer exist.
[Note this bit] The defendant has a right to request the revival of proceedings which have been discontinued under s.23. S/he must make the request within 35 days of the notice being sent to the court. The most likely reason for a revival notice is the defendant's wish to be formally acquitted on the offence or offences charged.
The effect of the revival request is to turn the clock back so that the proceedings continue as if no notice of discontinuance had been given, but it does not affect the termination of orders regarding bail or custody. If the defendant has been released from custody following the discontinuance of the case under s.23, s/he cannot be detained if the proceedings are revived. Unless circumstances have radically changed since the notice of discontinuance was issued, the reviewing lawyer will formally offer no evidence in court.
In the magistrates' court the effect of offering no evidence [for a summary proceeding] ... will be the acquittal of the defendant. The same charge or charges cannot be re-instituted.
So, it appears that the police haven't dropped the charges as such and that the CPS retained the option to continue the proceeding in the future (although it would be extremely unlikely). It also appears that defendents have the option to clear their name properly by demanding a continuance and getting an acquittal (assuming the prosecution haven't conjured up some 'evidence' in the meantime. I'm guessing that a proper aquittal would be something the journalist would appreciate (especially if s/he intends to "sue the fuckers") but I'm no lawyer so obviously people shouldn't take any advice from me.
good luck
andy