Long term Parliament Square protester Brian Haw (who has been encamped there for over 2000 days and nights now) is due in Court this week.
More details at Parliament-Square.org.uk
Brian will be in court from Mon 11th to Wed 13 December.He is charged, under the Serious Organised Crime and Police Act 2005, with failing to comply with the conditions that the police imposed on his protest in May this year. Read press release
The court will start at 10am. There will be a demonstration of support outside from 9.30am. Please bring banners etc.
Marylebone Road Magistrates' Court
181 Marylebone Road, London, NW1 5QJ
nearest tubes: Edgware Road, Baker Street. The court is near Marylebone mainline station.
The trial will be the first test in court of the legality and reasonableness of the conditions (restrictions) that can be applied to a protest under SOCPA. Among the arguments put forward, will be that the conditions are incompatible with freedom of expression and association, enshrined in the Human Rights Act. Brian's defence include Ian MacDonald QC who has a reputation as one of the most progressive lawyers in the country, taking on criminal, immigration and race relations cases. In 2004 he publicly opposed the government's indefinite detention of terror suspects.
THIS IS AN IMPORTANT CASE!
If Brian is convicted he faces up to 51 weeks in prison or a fine. It is also important because if the police win the case it will establish a legal precedent for the conditions they have imposed and how they have imposed them and will provide justification for their controversial actions on the 23rd May when they seized Brian's display in the dead of night
However, given the previous refusals of Magistrates's Courts to consider any Human Rights aspects of these SOCPA cases, it seems likely that the issues of Proportionality and Human Rights regarding SOCPA section 134 will have to be decided on Appeal in the High Court.
It appears that this case will not be decided until at least 22nd January 2007
The decision on this appeal is adjourned until at least 22nd January 2007.