Thursday, 5 June 2014

Lizar's question lawfulness of anti-fracking policing

Martin Deane, Hull and East Riding Green Party:
 
"I really want to underscore what Simon Pook, the solicitor representing the anti-fracking protesters has written to the Hull area media today [Thursday].  I too am dismayed at the quality of policing of these events, having witnessed it first hand.
 
"It is clear to me the police have decided not to allow legitimate protest but are simply there to enable the oil industry to do whatever it wants.
 
"It is also clear that anti-fracking protesters have been targeted elsewhere – such as the arrest of a man busking in Beverley town centre – arrested for singing a song – and forcibly arrested to the consternation of the people and families who witnessed it.
 
"That's 5 arrests so far – and most of these were avoidable by the police.
 
"To Humberside police I say: Ratchet it back! Protesters are not your enemy. Enable their right to protest. If they want to walk a lorry in – not just let them, but enable them! Don't make the mistakes Manchester police made.
 
"The police must enable rightful protest, not kettle it or suppress it. In fact they have a duty under the European Convention on Human Rights."
 
---

Lawyer: anti-fracking policing could be unlawful

Statement from Simon Pook of Robert Lizar Solicitors below which is the PRESS RELEASE given to Hull Local Media in particular Hull Daily Mail and Yorkshire Post.

"I am extremely concerned that Humberside Police appear to have acted outside of their lawful duty in the manner they 'kettled' my clients for over two hours.
 
I am of the view having watched the footage the right to protest was not balanced in a proportionate way manner to allow compliance with the European Convention Of Human Rights. Lord Mance drew attention in R (Laporte) v Chief Constable of Gloucestershire Constabulary [2006]. Containment is only permitted where a breach of the peace is taking place or is reasonably thought to be imminent. It is clear, therefore, that containment is not permissible for some purpose other than to prevent a breach of the peace which is taking place or reasonably thought to be imminent. It is my view having considered the video this test was not met and brings into question the lawfulness of the policing used today.

I am particularly concerned that Inspector Holmes refused my request to allow a disabled woman to use a toilet some 30 feet behind the police lines .As a result of the police actions and complete refusal to allow the disabled woman to use the toilets, she was taken by ambulance to Hull Infirmary.

I will be compiling a dossier on the actions of Humberside Policing of the protest at Crawberry Hill and other proposed sites in Humberside. This dossier will be sent to Maina Kiai, the United Nation's Special Rapporteur on freedom of peaceful assembly and association.

Simon Pook
Human and Civil Rights Solicitor.
Robert Lizar Solicitor