Judicial Review will determine whether we have free speech

CROYDON COMMENTARY: Since he was arrested, twice, on terrorism charges simply for expressing an opinion, campaigner DAVID WHITE, pictured right, has been out on bail. Today he and thousands of others get their days in court 

“You are being arrested under Section 13 of the Terrorism Act 2000.”

These words, or similar, have been uttered by the police in at least 2,350 arrests in this country since the start of the summer.
Those arrested were not members of terrorist organisations like Al Qaeda or Islamic State. In almost every case, they were people attending peaceful protests and holding up cardboard signs saying, “I oppose genocide. I support Palestine Action”. Many of those arrested are pensioners.

People power: Croydon’s David White and thousands of others were defending freedom of speech and the right to protest when they were arrested

I was one of those arrested, first in Parliament Square on September 6 and then again in Trafalgar Square on October 4. My motivation, no doubt like that of others involved, was to protest against Israel’s genocide in Gaza (which has not ended, despite the so-called ceasefire) and our government’s complicity in it.

We were also protesting against the ludicrous proscription of Palestine Action as a terrorist organisation.

Palestine Action is a direct action group targeting companies supplying weapons to Israel, particularly Elbit Systems Ltd, Israel’s largest weapons supplier, and British aircraft and other armaments used to assist the Israeli regime.

After I was arrested, I was released on bail. I haven’t yet been charged but I know of others who have been and who have been given court dates, typically in June of next year.

Before this happens, I am hoping that the English courts will rule that the proscription of Palestine Action was unlawful. There is a Judicial Review due to be heard at the High Court, starting today.

A Judicial Review is a legal process by which a court examines a decision or action made by the government or other public body to decide if it was lawful.

Those who have brought the Judicial Review argue that the proscription of Palestine Action contravenes the European Convention on Human Rights, in particular the rights to free speech and assembly.

It will also be argued that the government did not consult properly before bringing in the proscription. They consulted the Israeli Embassy and weapons companies, but not human rights groups or any pro-Palestinian organisations.

If the High Court rules that the proscription of Palestine Action was unlawful, the cases against me and others will fall. However, either side has the right to appeal the decision, first to the Court of Appeal and then to the Supreme Court. So the matter may well drag on for months, or even years.

If the government has any sense, it will simply remove Palestine Action from the list of proscribed organisations. Public opinion is clearly against the current position, where hundreds of pensioners and others are being threatened with up to six months in jail for peacefully protesting.

But good sense is a characteristic in short supply in the case of the Starmer government.

Yesterday, it was revealed that the judge who was going to hear the judicial review, Mr Justice Chamberlain, has been removed from the case at the last minute, without explanation. A panel of three different judges will hear the legal arguments instead.

This is a concerning development and one that gives rise to suspicions that the integrity of the judicial process is being compromised.

Looking back at the events of the past few months, I do not in any way regret taking part in the protests that led to so many arrests. Everyone has the right to freedom of speech. Everyone has the right of peaceful assembly. Everyone has a duty to oppose genocide.

We must stand up for these important principles when they are under threat.

  • David White is a retired solicitor and a former elected councillor at the Greater London Council
  • Defend Our Juries organised the protests in central London earlier this year, and are now also campaigning against the decision of this government to remove the ancient principle of trial by jury from all but the most serious criminal cases. Click here for more about their campaigns
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6 Responses to Judicial Review will determine whether we have free speech

  1. Labour want to remove trial by jury for most crimes. They make Reform look liberal

  2. Moya Gordon says:

    Suspicions of the integrity of our judicial process being compromised is extremely worrying. God help us if they remove the Jury system from any Crown Court cases. That mustn’t be allowed to happen.

  3. Well done David, and the thousands like him, who have taken action to stand up for peace and democracy. Labour’s response to Palestine Action, just like its response to the genocide in Gaza, seems to be focused on silencing their critics rather than listening to common sense arguments and changing Labour’s harmful policies.

    The right to free speech and peaceful protest is a fundamental part of a democracy. The restrictions being placed on that by the Conservative government and now Labour should worry everyone. I hope that the justice system does provide justice in this case and our human rights win out over petty politicians.

  4. Jim Duffy says:

    There are other existing laws to deal with ‘damage’ caused by paint spraying aircraft such as Criminal Damage. Ridiculous to prosecute NVDA campaigners under terrorism laws, much less appropriate to prosecute supporting protestors.

  5. Richard Dargan says:

    Branding people who hold up pieces of card with the message of opposing genocide and supporting PA as terrorists is a reaction which makes the Government at best look stupid and at worst vindictive and small minded.

    And then someone is detained by the police for holding up a placard saying ‘I support plasticine action’ – it’s the sort of thing one could have seen in Monty Python – you couldn’t make it up.

  6. Anthony Miller says:

    It wouldn’t be so bad if when you do report a real non-political crime they can ever catch anyone.

    Can’t fingerprint that, mate
    Sorry, the footage is only 2K – we need VistaVison
    We don’t want to get involved, it generally doesn’t improve things.
    Sorry, no resources. We’re on a demonstration.

    It’s one long game of Plod Excuses Bingo.

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