R v TS, KC & BAJ [2024] Crown Court at Southwark

09.10.2024

Margo Munro Kerr, Dharsha Jegatheeswaran and Meghan Curran successfully overturn convictions of Palestine Action protestors for aggravated trespass on appeal to the Crown Court at Southwark

The three appellants were charged with aggravated trespass. They admitted having trespassed on to the premises of Lockheed Martin, an arms factory, shortly after which security guards found them carrying rucksacks with items typically used in protests.

At the Magistrates’ Court in April this year, the three defendants were represented by Margo Munro Kerr, Dharsha Jegatheeswaran and Hannah Webb. The District Judge found that the defendants were hiding when they were found by security and convicted them on the basis that ‘hiding’ was an act distinct from trespass, sufficient to aggravate the trespass.

The three appealed their convictions to the Crown Court, where they were represented by Margo Munro Kerr, Dharsha Jegatheeswaran and Meghan Curran (Hannah Webb assisting in written submissions).

Counsel for the appellants argued that ‘hiding’ in this context could not be considered an act intended to intimidate, disrupt or obstruct, sufficient to aggravate the trespass and in the alternative, that the activities of security guards on a non-working day could not be part of the ‘lawful activities’ particularised in the charge.  Counsel also resisted an attempt by the Crown to significantly alter the basis on which it put its case to include other acts, arguing in alternative that those acts were in any event insufficient to aggravate the trespass.

The Crown Court did not agree that the security guards’ activities could not be considered to fall within the lawful activities particularised in the charge, but allowed the appeal on the basis that it was right that the act of ‘hiding’ on these facts did not amount to a distinct act designed to intimidate, obstruct or disrupt lawful activities, sufficient to aggravate the trespass. The Court did not determine whether the Crown should have been allowed to alter the basis on which its case was put, finding instead that none of the other acts were sufficient to aggravate the trespass.

Margo, Dharsha, Meghan and Hannah, were instructed by Rosa Potter of Kellys Solicitors.