Judge acquits two Palestine Action activists after they shut Elbit down
JVL Introduction
Palestine Action is a network of groups and individuals established to take direct action against properties owned by Israel’s biggest arms firm Elbit Systems.
You can find links to some of its actions on our website here, here and here.
In the latest Elbit development a magistrate in Walsall has acquitted two people charged with wilful obstruction of the highway, finding that their action was proportionate in comparison to the crimes against humanity which they were acting to stop.
This is an important development. In recent climate justice trials, for example, a concerted effort has been made to debar this line of defence.
It represents a welcome breach in the tightening repression of activists and protestors of all kinds we have been witnessing in recent years.
This article was originally published by Palestine Action on Wed 30 Aug 2023. Read the original here.
Judge acquits two Palestine Action activists after they shut Elbit down
On Wednesday 30th August, District Judge Grego found two activists not guilty of ‘obstruction of the highway’. The two activists, Jasmine and Iola, had locked themselves into vehicles, each blocking the two entrances of UAV Engines Ltd. Their action took place during an ongoing camp at the site, and led to the factory being forced to close down for the day on 9th September 2022. Whilst locked in, one activist threw paint at the gates which resembled the colours of the Palestinian flag.
Three months after the action, the two were given notices of ‘no further action’, meaning no criminal charges would be brought against them. However, the company ‘reviewed’ this decision, which lead to the Crown Prosecution Service reversing their decision and subsequently charging the two. Their trial at Walsall Magistrates Court lasted two days, starting on the 29th August. Both defendants gave evidence of crimes committed against the Palestinian people by the targeted arms factory.
The Judge’s ruling was based on the principle of proportionality established in the Supreme Court case of DPP v Ziegler. The two were acquitted as the Judge found their action was proportionate in comparison to the crimes against humanity which they were acting to stop.
UAV Engines Ltd in Shenstone is owned by Elbit Systems — Israel’s largest weapons manufacturer. It specialises in making engines for combat drones, which Elbit openly market as ‘battle-tested’ on the Palestinian population. The Hermes 450 aircraft has been used to surveil and attack the people of Gaza for over a decade, decimating thousands of lives.
After sustained actions against the company, the senior management publicly attempted to deny they export weaponry for use by the Israeli military, despite holding numerous export licenses to Israel. A decision notice served by the Information Commission Office (ICO) ordered the Department for Business and Trade (DBT) to disclose the relevant information, or face potential contempt of court charges. In line with the order, the DBT disclosed the requested information, revealing UAV Engines repeatedly sent weaponry to Israel for specific use by the Israeli military. The ICO’s investigation also exposed the fact UAV Engines Ltd hold a Non Disclosure Agreement with the Israeli military and told the DBT which exemptions to use when initially refusing to release the information (Point 18).
The factory also manufactures parts for the Watchkeeper, used to surveil migrants seeking refuge in the UK, and the Shadow drone, which forms part of the US military arsenal, notably used in the American invasion of Iraq and likely to be used in ongoing attacks on Yemen.
ENDS
Photos are free to use, with the relevant credit: https://bit.ly/NotGuiltyWalsall
Palestine Action is a network of groups and individuals established to take direct action against properties owned by Israel’s biggest arms firm Elbit Systems. The mission is to shut Elbit down and end all British complicity in the illegal colonisation of Palestine.
A bit of good news for once is heartily welcome! And the information unearthed thanks to the ICO is very welcome too.
This May was the first attempt to hold a very ambitious MONTH-LONG demonstration at the Elbit site aimed at closing the place down. It was a fairly well-supported protest, though in need of more effective back-up from qualified legal advisors at the site itself to monitor / check the behaviour of the police and assist the demonstrators.
Although it is not clear from the above article it would appear that the two activists were not charged with criminal damage but only with obstruction of the highway and therefore fell within the remit of the Supreme Court’s decision in Ziegler.
However the Court of Appeal, as a result of the Attorney General’s referral of the Colston case, ruled that criminal damage does not fall under the remit of proportionality as per the European Convention of Human Rights, which is the problem we faced in our case at Wolverhampton Crown Court.
Of course today, as a result of the new Public Order Act that Starmer refused to oppose, it is unlikely that they would succeed today since locking on is now a criminal offence in itself
Excellent news. Well done Palestine Action.