Shina Animashaun of the Garden Court Chambers Protest Team successfully overturned XR conviction for client Amelia Halls. He was instructed by Adeela Khan of Edward Fail Bradshaw & Waterson.
The case was covered by BBC News, the Evening Standard and The Independent.
The client, Amelia Halls, was initially convicted in April 2021 for wilful obstruction of the public highway at the City of London Magistrates Court. In October 2019, our client was protesting on Hartmann Road, a road on the approach to London City Airport.
Our client appealed on the basis that Hartmann Road is (a) not a public highway but in fact a private road and (b) no obstruction actually took place. Our client also relied upon their article 10 and 11 rights (freedom of expression and freedom of assembly and association) and the recent decision of the supreme court in DPP -v-Zeigler [2021] UKSC 23.
The prosecution did not contest the appeal. They confirmed that in light of the Supreme Court’s decision and the fact that there was insufficient evidence, they had decided to withdraw the case. The prosecution were once again urged to consider whether other convictions were safe.
Following the successful appeal, the head of Edward Fail Bradshaw & Waterson's Protest Team, Adeela Khan commented:
“It was never in the public interest for the CPS to prosecute 1000s of Extinction Rebellion peaceful protesters. Those who exercise their fundamental human right to protest in this way to highlight the failures of the Government’s climate policy ought to be protected and not prosecuted. We hope that CPS will now review all outstanding Extinction Rebellion cases in light of the decision in Supreme Court case of Ziegler and the Judges comments today.”
