10:20AM Jonathan Humphries MORNING
I am in Liverpool Crown Court today for an appeal by five so-called Love Activists against their jail terms.
The defendants were locked up after illegally occupying the old Bank of England building in Castle Street, Liverpool city centre, in protest against lack of support for the homeless.
John Hall, 50; John Rice, 23; Chelsea Stafford, 19; and James Jones, 20, were given 10 weeks behind bars at Liverpool Magistrates’ Court.
James Allanson, 20, who was also sentenced over an incident in Everton Park, was locked up for 13 weeks last Thursday.
A minimum of £91,573 was spent in policing the protest, while the operation to arrest the protesters cost around £27,000.
While supporters of the group claim they were genuine political activists, District Judge Andrew Shaw said: “None of the defendants have done any work in the community to benefit the homeless.
“There is a genuine lack of sincerity in their actions, which have the appearance of a self indulgent vanity project.”
The case is due to get underway at 10.30am
10:30AM Jonathan Humphries POLICE OUTSIDE COURT
Police outside Liverpool Crown Court ahead of the Love Activists’ appeal of their jail sentences.
10:55AM Jonathan Humphries DELAY
I am hearing there will be a short delay, until around 11.15am. There is a heavy police presence outside the court, but as yet there don’t appear to be any problems.
In the last two hearings supporters of the five defendants caused chaos by barricading the court entrance and clashing with police and security staff.
Richard Brigden is representing Rice, Hall and Jones, while Adam Bonney represents Stafford and Allanson.
Simon Duncan prosecutes
11:35AM Jonathan Humphries PROCEEDINGS UNDERWAY
Family and friends of the defendants have filed into court. There are four police officers in the courtroom.
It appears Hall, Rice, Jones, Stafford and Allanson will be produced from the cells in the next few minutes.
Judge Stephen Everett has been reading pre-sentence reports on the defendants, prepared by the Probation Service.
11:46AM Jonathan Humphries LOOKING AT SENTENCES ‘AFRESH’
Judge Everett has entered court, as have the five defendants.
Addressing the court, he says the reports show there are “different approaches by different defendants.”
He says the court will be looking at the sentences “afresh”.
Judge Everett says Stafford’s sentence will not increase.
However he says the four male defendants need to understand that he retains the option to increase their sentences.
Judge Everett adjourns the case for another 30 minutes while Mr Bonney and Mr Brigden discuss options with their clients.
It may be the case that Rice, Hall, Jones and Allanson do not decide to appeal to avoid the risk of increasing their jail terms.
12:45PM Jonathan Humphries APPEALS DROPPED BY FOUR MALES
Looks like we’re back underway shortly, appellants are being brought back into the dock.
I’m hearing Jones, Rice and Hall are dropping their appeals.
Allanson is dropping his appeal for the trespass offence, but will appeal against a separate offence of obstructing a police officer in Everton Park.
Chelsea Stafford, 19, will continue with her appeal.
I will get this confirmed when Judge Everett and the bench of two supporting magistrates return to court.
All five appellants are back in the dock, and Judge Everett has returned.
Mr Brigden: “Put simply those that I defend, Rice, Jones and Hall, having heard your honour’s words are asking for their appeals to be removed.”
The judge accepts this.
Hall, Jones and Rice have been returned to the cells.
Mr Bonney: “Allanson wishes to drop his appeal for the trespass matter but wishes to continue with his appeal for obstructing the police officer.”
Allanson received three weeks for this offence.
He confirms Stafford will continue her appeal.
Judge Everett says he will have to discuss with his colleagues whether Allanson’s appeal will be allowed.
He says he is not able to make a decision on whether Allanson can withdraw his appeal without hearing the circumstances of the other offence.
Judge Everett says Allanson will have to take his chances on both matters, or decide to drop the other appeals.
The case has now been adjourned until 2.15pm.
2:40PM Jonathan Humphries WELCOME BACK
We should be back underway soon. Mr Bonney, representing Allanson, says his client has decided to play it safe and drop both appeals.
He will join Hall, Rice and Jones in taking their full sentences on the chin.
We will still hear the appeal on behalf of Chelsea Stafford, who was told although her original sentence may remain at the very worst it will not increase.
The judge will briefly mention another case before resuming.
Family and friends of the protesters have returned to the courtroom.
The appellants are back in court.
Mr Bonney says Allanson wishes to withdraw his appeal.
Judge Everett addresses Allanson: “You are only 20 aren’t you? One can only applaud your passion for human rights but there are ways and means are there not? Your conviction to cause disruption in the locality suggests you have a bit of growing up to do.”
Judge Everett tells Allanson he should look at fighting his cause within the law.
“In 30 years, you may look back on a life wasted.”
2:50PM Jonathan Humphries JUDGE – “IT’S JUST DISGUSTING”
Allanson has been returned to the cells.
Mr Duncan is outlining the offence.
He says the group, calling themselves the love activists, entered the old bank on April 18.
He says a managing agent on behalf of the building’s owners asked them to leave but they refused.
Police officers were called to the premises where the spokesperson for the group claimed squatter’s rights and refused to leave without a court order.
Mr Duncan says a court order was placed on the door and attempts were made to serve it to the building’s occupants.
On April 28 a hearing took place at Liverpool County Court where an interim possession order was obtained.
Mr Duncan says the notices were pinned to the door, and some of the group decided to leave although some remained.
He is outlining damage, anti-social behaviour and disruption caused by the protests.
Mr Duncan: “The police had to bring in specially trained negotiators on May 8 and May 10 to try and reason with those that remained.
“By May 11 we were told that the police operation had cost in excess of £91,000.
“On May 12 the police swung into action full scale, using 130 officers in all to deal with the occupation at a cost of £27,000.”
He says the protesters, including Stafford, were compliant in the arrest.
Judge Everett says that while in a civilised society laws can be broken in protest, there must be restraint.
He said: “Whether or not one caused damage, whether or not one one stood back and watched, the damage caused to the building was far more than a genuine attempt to help the homeless. This was more of a protest than an attempt to assist the homeless, which is the genuine shame of it.”
The court hears at times the protestors were urinating from the balcony of the building to the street below.
Judge Everett: “It’s just disgusting, that’s not the sort of behaviour that can be condoned, it’s just disgusting that’s what it is. Those that behave in this way can expect to lose all sympathy from the public.”
The court hears business including San Carlo and McGuffie’s saw business decline.
Judge Everett says: “The issue here is not the right to protest, but it is the manner in which the protest is conducted.”
The court hears Stafford has no previous convictions.
2:55PM Jonathan Humphries ‘NAIVE AND NOT A LOVE ACTIVIST’
Mr Bonney will now offer some mitigation for Stafford.
Judge Everett refers to character references handed to the court from a former teacher, a former employer and her mum.
He says she is “passionate” and “believes in her cause” but “has her problems.”
He says the letters describe a “follower not a leader” with 11 GCSE’s but someone who has had problem with alcohol and drugs.
Judge Everett asks about her tenancy.
Mr Bonney: “She was unemployed for a long time, and on Job Seeker’s allowance. She applied to the housing trust but needed to save up for a deposit.
“She has now saved up that deposit so she has made some significant efforts.
She was naive, she was not a Love Activist she was homeless herself when she entered the building.”
Mr Bonney asks the court to consider a suspended sentence.
He says she wished to become a veterinary nurse but her dreams may have been scuppered by recent events.
Stafford is becoming upset in the dock, and wipes her eyes.
Mr Bonney says she has a fragile mental state and officers at HMP Styal have been keeping an eye on her.
3PM Jonathan Humphries JUDGE RETIRES
Judge Everett has retired to consider the case.
3:10PM Jonathan Humphries JUDGE RETURNS
Judge Everett has returned to court
3:15PM Jonathan Humphries PROBATION OFFICER CALLED TO COURT
The court clerk has called for a probation officer to attend the court. We are just waiting for the officer to arrive.
This could be good news for Stafford.
3:20PM Jonathan Humphries STAFFORD TO BE RELEASED
Judge Everett says she will be released
3:30PM Jonathan Humphries JUDGE – ‘REMEMBER THIS MOMENT’
“I want you to remember this moment though, I want you to remember how unpleasant those seven days in custody were. I know Styal, I know what a horrible place it is and I suspect you never want to go back. At least I hope you don’t” he says.
He describes how the damage caused “set the cause of the Love Activists back”
Judge Everett: “One can well understand the nature and indeed the merits of their particular cause. However with the right to protest about such matters there comes certain duties, to protest in a lawful and reasonable manner to protest with common decency in the public domain.”
He says the main issue was not the fact the interim possession order was ignored, but “the way in which it was ignored.”
He says although the court accepts Stafford was not one of the group who caused damage to the building, she was part of the group.
Judge Everet: "Ordinary decent human beings, going about their daily business, were badly affected by this.”
He refers to the high costs of the damage and policing the protests.
“I am no property expert, but I suspect there are a number of houses in the Liverpool area which could have been bought for that price," he says.
3:37PM Jonathan Humphries JUDGE – ‘WE DON’T THINK YOU ARE A LOST CAUSE’
Judge Everett says Stafford did not plead guilty at the first opportunity but did in the end plead guilty, avoiding a trial.
Judge Everett refers to the difficulties Stafford has with alcohol and drugs.
He says: “All of the appellants say they smoke cannabis regularly, there is now a wealth of evidence that suggests cannabis causes mental health problems.”
He says the court is “quite prepared to accept her remorse is genuine.”
He compares Stafford’s reaction to his words to Allanson’s, who Judge Everett claimed was “smirking” when addressed.
Judge Everett: “We are prepared to accept you were under pressure from others and perhaps stayed longer than you would have done.”
Judge Everett says that the original sentence should be amended in two ways.
He says Stafford’s culpability was less than the co-defendants, and therefore the original ten week sentence will be reduced to eight.
Judge Everett: “We come to the conclusion that you have learned a lot from this, and we think the probation officer is right and although this passes the custody threshold we are going to suspend that sentence for 12 months.”
He says there will also be a rehabilitation activity requirement of 20 days during the sentence.
Judge Everett: “Take advantage of the rehabilitation activity requirement to get you on an even keel. We don’t think you are a lost cause, we think you can make something of yourself.”
He says £250 costs will be quashed, but Stafford will have to pay an £80 victim surcharge and a £150 criminal court charge. The judge has no power to reduce these costs.
A relieved Stafford is led from the dock to be freed in due course.
That concludes this appeal.
Source: http://www.liverpoolecho.co.uk/