Protesters ‘affront to the rule of law’

TREES: A Yorkshire council has withdrawn an application for an interim injunction against tree felling protesters, subject to a full trial.

Sheffield City Council will seek permanent injunctions against the defendants and “persons unknown” after protesters’ actions were yesterday dubbed “an affront to the rule of law”.

A YORKSHIRE council has withdrawn an application for an interim injunction against tree felling protesters, subject to a full trial.

Sheffield City Council had been seeking legal action against eight people in the High Court in Leeds yesterday.

The case was halted after a trial hearing date was brought forward to July 26.

The local authority will seek permanent injunctions against the defendants and “persons unknown” at the trial, which is expected to last three days.

During yesterday’s hearing, the barrister representing the local authority had described protesters’ actions as “an affront to the rule of law”.

The legal action is as a result of continued protests against tree felling as part of the council’s Streets Ahead contract with Amey.

The council says campaigners are protesting inside safety barriers “unlawfully” and as a result holding up work – which is costing the taxpayer money.

The council’s barrister, David Fosdick, QC, told the court: “The defendants appear to think that their actions are lawful, peaceful protests. They are simply wrong.

“The right to protest does not extend to stopping a public authority from doing what it is lawfully entitled to do.

“It is a contradiction in terms for people to take it into their own hands to stop the will of a democratically elected authority.

“There simply is not any right to be there at all.

“You can protest on the pavement as much as you like and we will facilitate that.

“But you are not entitled to trespass within the safety zones.”

Mr Fosdick added: “All democratic legal avenues have been exhausted.

“The council has made up its mind lawfully and democratically and we are here because it will not be forced to change its mind by the unlawful actions of the few.

“Nothing less than an injunction will do.”

The barrister said there had been no example of the courts, either in this country or abroad, including the Supreme Court and the European Court of Human Rights, facilitating similar conduct by protest groups.

The eight defendants include Green Party councillor for Nether Edge and Sharrow Alison Teal, along with Alice Fairhall, Calvin Payne, Dave Dilner, Robin Ridley, Graham Turnbull, Paul Brooke and Simon Crump. They were supported in court by former Green Party leader Natalie Bennett.

If the campaigners are served with injunctions and break them they will be in contempt of court, and could face fines or even prison.

Following the lunch break, both parties were made aware that an earlier trial date had become available.

Judge Andrew Saffman agreed to adjourn the case after both legal teams agreed that the new trial date was acceptable.

Tree felling is being carried out as part of a £2bn programme to upgrade roads, paths, street lights and replace street trees across Sheffield.

The authority says it hopes to replace 6,000 of the city’s 36,000 street trees by the end of the year, while planting an extra 600.

It says those 6,000 are either dead, dying, diseased or dangerous, or causing damage to the highway.

But those opposed to the felling say it is a cost-cutting exercise and engineering solutions could be found to keep healthy trees.

Campaigners are crowdfunding to cover their legal costs. A demonstration was held on Sunday under an elm in Chelsea Road due to be felled.

All democratic legal avenues have been exhausted. David Fosdick, QC, representing Sheffield City Council.