Trudi Warner victory may be the new government’s statement of intent over protest

For the first time since March last year, Trudi Warner, a 69-year-old retired social worker, can go to sleep without the threat of imprisonment hanging over her.

Trudi Warner: it’s all over

On Thursday 15 August the new Solicitor General, Sarah Sackman MP, has informed the Court of Appeal that she will not be pursuing the case against Ms Warner for contempt of court, punishable with two years imprisonment, after she held a sign outside Inner London Crown Court in March of last year:

JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT ACCORDING TO YOUR CONSCIENCE.

The decision marks the end of the road not only for the prosecution of Trudi Warner but also for ongoing investigations against others for holding similar signs.

In April of this year, the High Court dismissed the case against Warner, describing the prosecution as ‘fanciful’. Despite this, and the public outcry over the case, the previous Solicitor General, Robert Courts MP, expended substantial public funds on launching a legal appeal against the decision.

But now, the office of the new Solicitor General informed the Court of Appeal of the decision to drop the appeal:

I write to inform that the Appellant has further considered this case and decided not to pursue the appeal against the Respondent (Trudi Warner). Accordingly, we respectfully request to withdraw the Appellant’s application for permission to appeal.

Decision a signal of change of approach to peaceful protest?

Under the previous government, there was a growing sense that fundamental political freedoms were under threat, as arms and oils industry lobbyists sponsored an escalating crackdown on democratic opposition.

From the Washington Post to the Times of India international media sounded the alarm, referencing the case of Trudi Warner among others, with headlines such as “the right to protest is under threat in Britain, undermining a pillar of democracy”.

Since the change of government in July, the pattern of repression has continued. 26 members of Just Stop Oil have been imprisoned, some for four and five years. Members of Palestine Action have been treated as serious organised criminals and held incommunicado under the Terrorism Act. But the relevant decisions were made by judges and law enforcement authorities at an arm’s length from central government.

The decision to drop the case against Trudi Warner is the clearest signal yet that the new government plans to distance itself from its predecessor’s assault on democratic and political freedoms.

In July, home secretary Yvette Cooper decided to review her predecessor’s attempt to overturn another High Court ruling concerning the right to protest.

​​Dan Norris, the Labour MP and Mayor of the West of England, recently criticised the sentences for the Whole Truth Five as “far too severe”.

Trudi Warner: implications for legal action against Judge Hehir

On 2 July, despite the ruling of the High Court from April, Judge Hehir arrested 11 people for holding similar signs outside Southwark Crown Court and had them detained in court cells for the day. The Judge repeatedly stated that the High Court judgment was ‘subject to appeal’.

The withdrawal of the appeal increases Judge Hehir’s exposure to a legal action for false arrest and imprisonment.

More than 20 people remain subject to an investigation by the Metropolitan Police, commenced last September, for interfering with the course of justice (an offence punishable with life imprisonment). In light of this decision, any further investigation of the twenty is likely to be regarded as unlawful.

Trudi Warner said:

It’s wonderful that the right of juries to acquit according to their conscience is now unequivocally established as a legal principle in the UK. This will be more important than ever in our barely functioning democracy where people are unequal under the law.

My case, and the response of the people in Defend our Juries, has shown how effective collective action can be. This is a time for courage, which we must draw from one another. And we must hold together for the challenges ahead. We are many. They are few.

Come together in resistance

A spokesperson for Defend Our Juries said:

There was a group of judges, led by Judge Silas Reid, who were determined to conceal from juries the vital democratic principle of jury equity, i.e. their right to acquit irrespective of the ruling of the judge. From their point of view, Trudi Warner’s sign was a serious threat.

But if Judge Reid’s insane decision to arrest Trudi Warner was an attempt to deter others from doing the same it has backfired spectacularly. Hundreds of people replicated her action outside every Crown Court across England and Wales.

The story is a reminder that the best remedy against state repression, sponsored by corporate interests in the arms and oil industry, is for people to exercise their democratic rights by coming together in resistance.

Following the silencing and jailing of increasing numbers of people for trying to stop crimes against humanity, our campaign will now extend to pursuing freedom for political prisoners.

Featured image via Defend Our Juries