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| A FIGHT FOR FREEDOM |
Iraq war protester plans
to appeal to break ‘Brian Haw’ clause
THE first person to be convicted for holding an illegal demonstration
in Whitehall is preparing to appeal her conviction and challenge
the law in the High Court.
On Wednesday Maya Evans, 25, found herself on the front pages, hailed
for standing up for the freedom of speech, after she was found guilty
of taking part in an illegal demonstration when she stood opposite
Downing Street, just yards from the Cenotaph, reading out the names
of British soldiers killed in Iraq.
Ms Evans and her colleague, Milan Rai, 40, were arrested within
10 minutes and at Bow Street Magistrates’ Court District Judge
Caroline Tubbs ruled that she had committed an offence but let her
off with a conditional discharge and £100 costs.
But Ms Tubbs said: “It is not open to the magistrates’
court to declare legislation passed by Parliament is incompatible
with the Convention of Human Rights. That can only be done by the
High Court.”
Yesterday (Thursday) Ms Evans told the West End Extra that she would
be meeting with her solicitors, Bindman and Partners, to discuss
an appeal.
She said: “I think we will appeal. It will bring more light
and publicity on this law. The magistrate could not challenge the
law but I was dealt with quite leniently. She could have given me
a fine of £1,000.”
Ms Evans, who is a vegan chef for a firm in Hastings, added: “I
feel very strongly about my anti-war work.”
But if she takes part in an unauthorised demonstration within the
next year she could face a severe penalty. She said: “I would
think very carefully about doing it again but I would join a campaign
I felt strongly about.”
Ms Evans (pictured) was the first of 21 people to have been charged
under the Serious and Organised Crime Act, which bans any demonstrations
from anywhere near Parliament Square and Whitehall – without
getting permission from the police at least six days before.
The officer involved in the case tried to argue in court that notification
was merely a ‘booking system’ and there to give demonstrators
an “opportunity to demonstrate without problems”.
PC Paul McInally, from Charing Cross, said: “For a protest
to take place there, the applicant has to submit in writing the
day, date, time and location. We will check the space is available.
It is like a booking system.” Her colleague Mr Rai has not
yet been charged.
• Brian Haw, the peace protestor who has been camped in Parliament
Square for the last four years, has been nominated for a human rights
award.
He has been shortlisted for Liberty’s Human Rights Award for
his “tireless and passionate defence of freedom of speech”.
The winner will be announced at the Law Society on Monday evening.
Mr Haw also received other good news this week when his solicitors
secured legal aid to contest a Westminster Council ban against his
using a megaphone in the square. High Court dates are expected in
the new year. |
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