Fortnum Judge Ignores Video Evidence

Occupation activists were left reeling this week after a London court quashed video evidence from the Fortnum Fifty, ruling that police made “no explicit or implicit promise” not to arrest them.The first 10 defendants sat in stunned silence at Westminster Magistrates’ Court as a district judge convicted them of aggravated trespass — with camp residents telling the Occupied Times they could never trust a cop again.

The charges stem from UK Uncut’s surprise occupation of the self-styled ‘Queen’s grocer’ in March, in a bid to highlight owner Wittington Investments’ multimillion-pound tax dodge. District judge Michael Snow told he had “no doubt” the group intended to intimidate police, security, staff and customers by sheer force of numbers.

But there were audible gasps in the courtroom as he read: “At no point was there an express or implicit promise by police that the protesters would not be arrested” — apparently quashing video evidence of a chief inspector addressing protesters. The footage, screened three times during the trial, shows chief inspector Claire Clark just inside the store’s front entrance, addressing the crowd in a raised voice. “There have been pockets of disorder outside and I wanted to make sure it was clear and safe for you all to leave the building, okay?” she says. “The officers are getting ready to let you go — if when you leave the building you go to your left, that will be the safest exit.” “Is there a kettle?” a protester asked. “No, we’re letting you go,” she replies. Later in the video Ms Clark repeats the instructions to a legal observer, saying police wanted to keep people safe “so they can get away to the tube station, so they can leave.” On leaving the building all 150 occupants were immediately kettled and arrested, including legal observers.

The ruling came as the Occupy London camps came under renewed pressure from authorities, with the City of London Corporation again seeking an injunction to evict protesters from the foot of St Paul’s Cathedral. All camps have seen a continued police presence, with few confrontations on site — but residents who spoke to the Occupied Times said the ruling made them less likely to cooperate with authorities.

Ed, an out-of work sales manager at Finsbury Square who was arrested during this month’s attempted occupation of Trafalgar Square, said he did not think any activists could trust the police. “Everything they’re doing at the end of the day is to demoralise us — no one usually spends 24 hours in a cell for a public order offence,” he said. Fellow resident Luke agreed: the police action at the occupation’s launch and recent weeks had been ridiculous, he said. But Evrim, a theatre director from Turkey, told the Times it was not an issue of trusting the police. “If we know our rights – if we know what’s going on – the facts will come out and they’ll get fired,” she said.

Meanwhile more than 40 prosecutions remain in the Fortnum & Mason case; including others who have insisted the prosecution reinstate the charges against them. Mr Snow will also preside over the next tranche of defendants, appearing 29 November.

By Rory MacKinnon