'Smash EDO' takes a Bath?

As a result of this politically biased Judge, thousands of taxpayer pounds have been wasted and the criminals who vandalised the EDO factory walked away scot free. Let the disgracing of this Judge be a lesson to any other Judges who similarly encourage the delegitimisation of Israel. The Judge or magistrate who tries the case of the vandals who committed aggravated trespass at the Ahava shop in London on Saturday must punish them with the full force of the law.

Thanks for posting this Isca, and I'm glad that the powers that be "got it".

It certainly brings into question the verdict itself now that we have it affirmed that the judge showed personal bias in directing the jury.

My next question is how much national publicity will this get?!

http://www.bbc.co.uk/news/uk-england-sussex-11493124

Calling HappyGoldfish!

Do you know if EDO could 'appeal' the judgement to the Court of Appeal Criminal Division?

Probably not, Isca.

The decision does not affect nor seek to comment upon the outcome of the trial and the verdict reached by the jury in the case.

And Bathhurst Norman is only a part-time judge, so I think it doesn't impact much on him either.

Cheers T'sam and 'bumz'!

Not 'bumz' to you. I'm annoyed, not at the possibly 'sincere' motives of the activists, (though who knows what anyone truly thinks), but at the fact that 'lawful excuse' was already being used and the verdict not reached souly on that.

The verdict may have been the same, but with the judge's direction now affirmed as biased, we may never know.

isca, an acquittal by a jury is final

in the rare cases where the prosecution can appeal, a successful appeal does not affect the acquittal, it only corrects the law for future trials

Presumably this means that the "lawful defence" precedent set is no longer a precedent?

Not necessarily, Yvetta. It means that judges need to be more careful when summing up, your honour.

My MP-Bob Blackman has been excellent in following this through on my behalf, I/we have a raft of correspondence from Lord McNally "the man at the top" in the Justice Deprtment.
Next, we are going for a re-trial.
Watch this space.

yvetta, for future judges and juries, it never was a precedent … only court of appeal decisions are precedents, trials such as this are not

however, for defence lawyers and protesters it will still unfortunately be a precedent … protesters want to stay on the right side of the law, so they very sensibly take legal advice beforehand, and a lawyer would be bound to point out that these protesters got away with it

there is now a much wider uncertainty in the law than is usual, so we can expect more such actions, until one results in a conviction and the law becomes settled once more

btw, there is an excellent summary of the legal position by joshua rozenberg at http://www.standpointmag.co.uk/node/3273 … particularly see the words of lord hoffman (no relation?) on the issue of reasonableness

Cheers both.

Would this apply? Just being an anorak; it's been 25 years you know! Was there 'interference'/influence, from the judge, could his style when giving his direction/summation have been interpreted as intimidatory given his position?

Re-trial Following a Tainted Acquittal
Sections 54 - 57 of the Criminal Procedure and Investigations Act 1996 enable the High Court to make an order quashing an acquittal in circumstances where the acquittal resulted from interference with, or intimidation of, a juror or witness (or potential witness). In such circumstances, an acquitted person can be re-tried for the original offence.

the court before which that person was convicted, "certifies" in accordance with section 54(2) of the Criminal Procedures and Investigations Act 1996 that there is a real possibility that the acquittal resulted from the interference or intimidation; and

http://www.cps.gov.uk/legal/p_to_r/retrials/

Isca, I think by "interference or intimidation", the 1996 Act means good, old-fashioned jury nobbling or threatening witnesses, not a judge's summing up.

The law is " settled " lawful excuse is a defence. The outcome of a particular case doesnt change anything,any more than an aquittal or conviction for murder based on the evidence heard changes the law as to murder.

And this case was a long way from being the first of its kind. To the best of my knowledge the first time " lawful excuse " " acting to prevent a greater crime "
was successfully pleaded in this kind of case was in the 90's when a group of women broke into a british aerospace facility and destroyed a hawk jet destined to be used by the indonesians in their genocidal campaign against east timor. Since then it has been successfully pleaded several times in these kind of cases.e.g. the raython 9 case.

Raytheon 9

Three cheers for Jonathan and Isca (and everyone else) for complaining. This joke of a judge should no longer hold such a privileged position. He is clearly incapable of separating his own poisonous views from his professional judgement.

good grief the guy got the mildest rebuke for a couple of
sentences in what must have been what a three hour summing up ? and hes retired and doubtless doesnt give a flying chit and the aquitted defendants could care even less and you all go into Delphic like ecstacy.

I bet it will be fun to be around you when Hull City win the cup

stephenb is a racist. He must go.

@Amber - cheers. I read Jonathan's post and responded to it after having read the transcript for myself. It's only a small thing in the scheme of things, but needed addressing.

@T'sam - 'bumz' again! Hey, it was worth a punt ;O)

Thanks, sam and happy, for clarifying the "precedent" angle for me.