return to press releases

IMMEDIATE PRESS RELEASE

14 December 2004

PARLIAMENT SQUARE PEACE CAMPAIGNER WINS AGAIN IN COURT

Brian Haw, the Parliament Square peace protestor, who has spent over 3 ½ years in a continuous anti-war protest vigil opposite the Houses of Parliament (1), had a charge of assault against him dismissed today at Bow Street Magistrates Court. The police claimed that Mr Haw had attempted to assault an officer yet they failed to produce any evidence and gave conflicting accounts; the judge was not satisfied that any attempt at assault had been made by Mr Haw. A further charge of ‘failing to leave a cordoned area’ was upheld against Mr Haw.

Mr Haw was arrested and his extensive protest display removed in a sudden midnight police operation on 10 May 2004. The police claimed there was a security threat in the area and said that a security cordon had been imposed. When Mr Haw refused to move he was arrested.

The counsel for the defence argued that there had been no evidence of a cordon being properly established and that the police had, again, given conflicting accounts. Despite the supposed security threat the police van did not leave the scene for some time and, just after Mr Haw's arrest, the security cordon was lifted.

In his evidence, Mr Haw said that he had not been asked to ‘move from a cordoned area’ and there was no cordon to be seen on the night. In a previous incident the police had taped off the cordoned area and he had moved outside it for the length of the incident. Other witnesses to the events testified that the arresting officers had been abusive and aggressive and had not explained their actions. Despite this, the judge ruled that the word of the police officer in this case was enough for Mr Haw to have moved.

The defence also argued that Mr Haw's protest placards were unnecessarily removed from the site after the incident was over, with the effect of clearing the display from the area in time for the visit of the Chinese president the following day.

Bruce Kent, the well-known peace campaigner and former Catholic priest, Tony Benn, the former Cabinet Minister, and Canon David Partridge were among those who gave evidence as to Brian’s good character. In particular, they testified to his restraint under continuous provocation over three years and to the seriousness of his campaign.

Mr Haw was given a conditional discharge for ‘failing to leave a cordoned area‘, with no court costs. However, he sustained wrist injuries and other bruising while being put into a police van and has filed a complaint to the police about the incident. He will now appeal the judge’s decision to find him guilty of ‘failing to leave a cordoned area’.

This is the latest in a long line of legal and non-legal attempts to remove Mr Haw from his vigil in Parliament Square. In October 2002 a landmark High Court ruled in favour of Mr Haw and his right to protest on the site (2). Having failed to remove him so far, Parliament is now considering legislation specifically aimed at banning Mr Haw’s protest (3).

For more information contact:
Bindmans Solicitors: 0207 833 4433
www.parliament-square.org.uk, info"at"parliament-square.org.uk (replace "at" with @)

Notes
1. Brian Haw has been in Parliament Square continuously since 2nd June 2001 in protest against the US/UK support of economic sanctions in Iraq, the invasion of Iraq and the on-going ‘war on terror’.
2. On 4th October 2002 Westminster City Council's High Court proceedings against him for obstruction of the highway were dismissed on the grounds that Brian was exercising his freedom of expression and assembly under the Human Rights Act.
3. One of the measures in the Serious Organised Crime and Police Bill is entitled ‘Behaviour in vicinity of Parliament’. See http://www.publications.parliament.uk/pa/cm200405/cmbills/005/2005005.htm, page 87.