26 Sep 2007 - Pauline Campbell - Not Guilty
Pauline Campbell, bereaved mother and campaigner highlighting the
death of women in prisons arrived at North Avon Magistrates' Court on
the morning of the 26th September to face criminal charges.
Pauline did not arrive alone. 15 demonstrators were waiting to show
their support for her and to protest at the clearly political
decision to fit her up on an ill fitting charge. As well as the
demonstrators there were journalists and TV crews and Pauline both
explained her case to them and highlighted the far more important
issue of women's deaths and in particular the plight of the children
whose mothers had died.
The court case started with a video of Pauline's demo at Eastwood
Park Prison following the death of mother of five Caroline Powell.
This showed the police arrive, accuse Pauline of aggravated trespass,
ask her to leave the 'private' property of the prison and move on
to 'public property'. Pauline did this. The police then read her a
pre-prepared statement warning her if she returned to the private
property at any time in the following three months she may be
arrested. The video then showed a prison van try and enter
the 'private road' Pauline moved swiftly into its path and within 30
seconds had been arrested. The police then dragged her to a police
car.
We then heard the police evidence, it became apparent that their
operation was pre-planned and they even admitted that the arrest had
been pre-allocated to a probationary office. Much of their evidence
was evasive and a couple of them seemed to be suffering from poor
memories. The highlight was the arresting officer. Asked by Pauline's
lawyer why he had arrested her he told the court that the main road
was blocked as a result of Pauline 'stopping' the prison van. When
asked if he was certain he said he was. He was then asked if 'not
even eight cars and a motor cycle?' could get through. Unfortunately
for the poor officer he had not been in court earlier when in an
exchange the courts attention had been drawn to the video clearly
showing eight cars and a motorbike going past the stationary van.
Pauline had originally been charged with aggravated trespass. The
reason it had been changed to obstructing the highway became clear as
the crowns case unfolded. The local council's highway expert tried to
explain exactly where the division was between the public highway and
the prison's private road. It turned out that Pauline was on the
highway when arrested and therefore the original charge relating to
trespass was nonsense. However working on the old police/CPS basis
that where someone is clearly not guilty of a charge then that is not
evidence of their innocence but of them not being charged with the
right crime they decided to use Pauline's watertight defence....she
was on the public highway...against her and charged her with
obstructing the highway! (It's worth pointing out that she was
arrested approx 30 seconds after stopping the van - less than the
time a traffic light is on red)
Throughout this Pauline sat quietly. Pauline is a deeply committed
woman driven by the death of her own daughter to campaign to
highlight the scandal of the mass imprisonment of vulnerable women,
the failure of prisons to carry out their duty of care and the
unnecessary deaths that result. This committed and principled women
had to watch whilst attempt were made to label her a criminal.
Throughout the hearing she had in front of her a picture of the five
young children of Caroline Powell.
Pauline's evidence was calm, assertive and she used the opportunity
to draw the court's attention to the reason she was demonstrating.
The CPS cross examination was particularly disgusting and
unprincipled accusing Pauline of attention seeking and 'playing up to
the cameras'.
Pauline was very fortunate, although she had been refused legal aid
Peter Thornton QC had agreed to represent her in court for free.
Throughout the trial he had delicately picked at the threads of the
case against Pauline and he brought this all together with an amazing
final submission. Whilst the judge tried to follow the links between
one precedent after another the CPS lawyer quickly gave up. The
police still in court were given a free lecture on the law which I
hope they appreciate. All that was left was for the CPS lawyer to
make her submission but it was clear her heart was not in it. This
level of legal argument just didn't happen in Magistrates Court.
We were then left waiting whilst the District Judge deliberated. When
he returned he gave a long judgement. To prove the case
of 'obstructing the highway' it is necessary to show it is wilful,
i.e. its deliberate. Given that the police had told Pauline she was
not on the highway he was unable to conclude beyond doubt that she
was willfully obstructing the highway and he therefore dismissed the
charges.
Pauline has been put through this trial for political reasons. The
state paid for a judge, 2 cps staff, one council official and four
police officers to attend this court hearing. Thousands of pounds of
public money has been spent trying to criminalise Pauline. Without
the skill and knowledge of a top QC they may have succeeded. Pauline
has had to live with the cloud of a criminal record over her head and
the process has clearly taken its toil on her. However she remains
determined to stand up for what she knows is right. this case was an
attempt to bully her into giving up.
By the end of the case there were still 13 supporters of Pauline's in
court. The demo before was also important. Pauline has shown great
courage please send her messages of support
mailto:nomoreprison@aol.com which we will pass on
death of women in prisons arrived at North Avon Magistrates' Court on
the morning of the 26th September to face criminal charges.
Pauline did not arrive alone. 15 demonstrators were waiting to show
their support for her and to protest at the clearly political
decision to fit her up on an ill fitting charge. As well as the
demonstrators there were journalists and TV crews and Pauline both
explained her case to them and highlighted the far more important
issue of women's deaths and in particular the plight of the children
whose mothers had died.
The court case started with a video of Pauline's demo at Eastwood
Park Prison following the death of mother of five Caroline Powell.
This showed the police arrive, accuse Pauline of aggravated trespass,
ask her to leave the 'private' property of the prison and move on
to 'public property'. Pauline did this. The police then read her a
pre-prepared statement warning her if she returned to the private
property at any time in the following three months she may be
arrested. The video then showed a prison van try and enter
the 'private road' Pauline moved swiftly into its path and within 30
seconds had been arrested. The police then dragged her to a police
car.
We then heard the police evidence, it became apparent that their
operation was pre-planned and they even admitted that the arrest had
been pre-allocated to a probationary office. Much of their evidence
was evasive and a couple of them seemed to be suffering from poor
memories. The highlight was the arresting officer. Asked by Pauline's
lawyer why he had arrested her he told the court that the main road
was blocked as a result of Pauline 'stopping' the prison van. When
asked if he was certain he said he was. He was then asked if 'not
even eight cars and a motor cycle?' could get through. Unfortunately
for the poor officer he had not been in court earlier when in an
exchange the courts attention had been drawn to the video clearly
showing eight cars and a motorbike going past the stationary van.
Pauline had originally been charged with aggravated trespass. The
reason it had been changed to obstructing the highway became clear as
the crowns case unfolded. The local council's highway expert tried to
explain exactly where the division was between the public highway and
the prison's private road. It turned out that Pauline was on the
highway when arrested and therefore the original charge relating to
trespass was nonsense. However working on the old police/CPS basis
that where someone is clearly not guilty of a charge then that is not
evidence of their innocence but of them not being charged with the
right crime they decided to use Pauline's watertight defence....she
was on the public highway...against her and charged her with
obstructing the highway! (It's worth pointing out that she was
arrested approx 30 seconds after stopping the van - less than the
time a traffic light is on red)
Throughout this Pauline sat quietly. Pauline is a deeply committed
woman driven by the death of her own daughter to campaign to
highlight the scandal of the mass imprisonment of vulnerable women,
the failure of prisons to carry out their duty of care and the
unnecessary deaths that result. This committed and principled women
had to watch whilst attempt were made to label her a criminal.
Throughout the hearing she had in front of her a picture of the five
young children of Caroline Powell.
Pauline's evidence was calm, assertive and she used the opportunity
to draw the court's attention to the reason she was demonstrating.
The CPS cross examination was particularly disgusting and
unprincipled accusing Pauline of attention seeking and 'playing up to
the cameras'.
Pauline was very fortunate, although she had been refused legal aid
Peter Thornton QC had agreed to represent her in court for free.
Throughout the trial he had delicately picked at the threads of the
case against Pauline and he brought this all together with an amazing
final submission. Whilst the judge tried to follow the links between
one precedent after another the CPS lawyer quickly gave up. The
police still in court were given a free lecture on the law which I
hope they appreciate. All that was left was for the CPS lawyer to
make her submission but it was clear her heart was not in it. This
level of legal argument just didn't happen in Magistrates Court.
We were then left waiting whilst the District Judge deliberated. When
he returned he gave a long judgement. To prove the case
of 'obstructing the highway' it is necessary to show it is wilful,
i.e. its deliberate. Given that the police had told Pauline she was
not on the highway he was unable to conclude beyond doubt that she
was willfully obstructing the highway and he therefore dismissed the
charges.
Pauline has been put through this trial for political reasons. The
state paid for a judge, 2 cps staff, one council official and four
police officers to attend this court hearing. Thousands of pounds of
public money has been spent trying to criminalise Pauline. Without
the skill and knowledge of a top QC they may have succeeded. Pauline
has had to live with the cloud of a criminal record over her head and
the process has clearly taken its toil on her. However she remains
determined to stand up for what she knows is right. this case was an
attempt to bully her into giving up.
By the end of the case there were still 13 supporters of Pauline's in
court. The demo before was also important. Pauline has shown great
courage please send her messages of support
mailto:nomoreprison@aol.com which we will pass on