Judge condemns force after ‘shocking’ blunder over evidence
THREE women who clambered onto a company’s roof in a proPalestine demonstration have been acquitted of criminal charges after “police failings” in the case.
Zoe Plummer, Sidra Zaffar and Sumaya Javaid denied criminal damage, trespass and resisting a constable following a protest at Fisher German in Harborne, which saw the firm’s offices coated in red paint.
But their trial at Birmingham Magistrates’ Court collapsed amid what District Judge David Wain described as a “shocking failure” by West Midlands Police to properly disclose certain evidence.
The prosecution offered no evidence against the defendants after he refused to further adjourn the case.
Ms Plummer, aged 28, from Selly Park, Ms Zaffar, 26, from Smethwick, and Ms Javaid, 20, of Moseley, were subsequently acquitted, prompting cheers from supporters in the public gallery.
Prosecutor Suzanne Payne read several police statements and played drone footage which showed masked demonstrators on the first floor roof of the Harborne West building on July 5 last year.
She told the court red paint was sprayed from a fire extinguisher to coat the walls while messages such as “Free Palestine” were daubed.
The door to Fisher German was chained up and a red flare was also lit as police set up a cordon on the High Street.
Ms Payne stated two people glued
themselves to a window to prolong the rally.
The demonstrators, who pitched up shortly before 7am, were eventually detained in the early afternoon as a crew from Staffordshire Police used ropes and stretchers to remove them.
Ms Payne said four bus routes had to be diverted while the events caused significant disruption to other businesses.
The complainant business in the case was Leasemethod Ltd which owns the building comprising of 32 flats and offices leased by Fisher German as well as other companies.
Director Oliver Horwitch-Smith stated it cost £1,131 to clean up and cover the paint although he accepted the work was carried out by sister company Leasemethod Management
Ltd. While it was accepted the defendants were present at the scene, their alleged criminality was disputed.
But the trial hit a major stumbling block when it came to the admissibility of police logs and notes.
Judge David Wain said: “There has been a shocking failure of disclosure in this case. The material should have been provided as a matter of course for review. It was requested as long as a month ago.”
He added it was “simply unacceptable” the police had provided the material to their own legal department instead of the Crown Prosecution Service.
Judge Wain agreed to adjourn the proceedings from Wednesday afternoon until Thursday morning. While most of his criticism was directed at the police he added the CPS did not come into the case with “clean hands”.
Judge Wain awarded costs to Ms Plummer, who paid for private legal representation.
Addressing all three defendants he stated due to police failings the court did not have to consider the “proportionality of your actions”, but added they had heard the evidence about the disruption to other businesses aside from Fisher German.
Judge Wain said: “You strike me as intelligent people. All three of you will have taken lessons from this experience and hopefully it is the last time you have to come before the criminal courts.”
The protest was carried out on behalf of Palestine Action which has previously confirmed it targeted Fisher German due to its alleged association with Elbit Systems. They claim Elbit has manufactured technology for drones which have been used by Israel.
At the time Fisher German stated it did not work for Elbit.
A West Midlands Police statement said: “We’re aware of the impact that the protest had within the local community and we conducted a complex operation with lots of police resources dedicated to bringing it to a safe conclusion.
“We recognise the outcome at court today will be disappointing to all those affected.
“We are reviewing the judge’s ruling and will consult closely with the assistance of our CPS colleagues to identify areas of learning.”