Earlier this week, Trenton Oldfield http://www.bbc.co.uk/news/uk-england-19733385 was convicted of ‘Causing a Public Nuisance’ by a jury at the Isleworth Crown Court. Previous instances of this rarely prosecuted offence include impregnating the air with “noisome and offensive stinks and smells” causing “a nuisance to all the King’s liege subjects living in Twickenham” But Oldfield was the man who had the temerity to disrupt the Oxford and Cambridge Boat Race last April, by choosing to take a swim, just as both boats were getting into their stride.
The prosecutor explained to the court that his actions had “spoiled the race for hundreds of thousands of spectators” and for this, the judge has adjourned sentence,commenting that she is not ruling out a prison sentence.
Of course, Mr Oldfield is not the first person to attempt to make a point by spoiling the fun of sports enthusiasts. Famously protestors dug up the crease at the 1975 Third Test between England and Australia in an attempt to bring to the publics attention that an innocent man had beensent to prison for robbery the year before. Only last year, that man, George Davis http://en.wikipedia.org/wiki/George_Davis_(robber) was exonerated by the Court of Appeal and his conviction held to be unsafe. One of the men who vandalised the cricket field, Peter Chappell, http://www.wrp.org.uk/news/6398 was sent to gaol for his part in trying to raise public awareness in what has since been recognised as a gross miscarriage of justice. No doubt the Third Test, back in that rainy Summer of 1975 was “spoiled for hundreds of thousands of spectators”, but, nearly 40 years later, their sporting pleasure was nothing compared to the gaoling of an innocent man.
Similarly the thrill of horseracing was spoiled for many spectators when a suffragette http://www.bbc.co.uk/history/historic_figures/davison_emily.shtml threw herself under the King’s Horse and was trampled to death, but surely the spoiling of their fun was nothing compared to the denegration of women in that pre-vote era. Her tragic death, as she ran into the path of the galloping horse was borne of anger and frustration in an age since recognised as discriminatory and unfair.
Interestingly, one of the reasons why Oldfield swam out amongst the boats was that he objected to the government and Olympic organisers call for us to report anyone we suspected of planning a public protest during the Olympic period http://www.guardian.co.uk/uk/undercover-with-paul-lewis-and-rob-evans/2012/jul/24/police-need-intelligence-over-olympics-protests. For this he was charged with ‘Causing a Public Nuisance’. The ingredients of the offence are that he behaved in such a way that an injury was suffered by the public and potentially carries a life sentence http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/public_nuisance/. Of course, Mr Oldfield will not get life, but this rarely prosecuted offence may yet see him serving time.
In fact what Trenton Oldfield did during the last Boat Race was in the finest historic traditions of getting public attention at a big sporting event, for a cause which struggled to attract National interest, sympathy or appreciation. He has been treated in the same way as others before him, ridiculed and criminalised. The usual suggestions that a sporting venue is, in any event, no place for such behaviour has also, predictably reared its head and, again predictably, venerated sports people have castegated the behaviour of the protestor.
We live in a Society which only tolerates public protest so long as it is clean, relatively quiet and does not inconvenience anyone. The moment it threatens or spoils our fun it becomes a police matter.
Ultimately, history treats the protestor far more equitably than the present.
The arrest of over 100 at a “Critical mass” demonstration at the Olympic opening ceremony smacked of Peking more than Peckham. The politicizing of policing is seen with the “patrolling” of cyberspace, not to get criminals but to target dissent (as you said in the Indy today. No comments permitted one notes). When I did my “Guantanamo” protest in Belfast I was asked by the PSNI/RUC for my “permit”. Thought we had the two world wars for that sort of thing?
Sadly the legislation brought in by New Labour is being used increasingly for purposes never intended – or perhaps I’m being naive!
The most pernicious example is in the use of ASBOs. Voted in by many Labour MPs in respond to a govt media splurge showing feral youth creating mayhem, which the police weren’t dealing with, ASBOs are being used more and more for political purposes because evidence isn’t required (e.g. against Lindis Percy by the MOD to stop her protests against US military bases; and against a farming family who complained about toxic waste being dumped in their stream by their neighbour – a councillor! etc), by social housing providers to secure evictions, against rough sleepers making our cities ‘untidy’.
Our beleaguered legal system is being threatened by cuts in legal aid, access now being denied to prisoners, reduced use of and access to jury trials, and increased powers to such as POCA
I have 4 cases, John, which desperately need your help. If you email me I will send you the details. In the meantime we’d love you to contribute to ‘The Police don’t Lie – A fiction’, and the forthcoming sequel – ‘Crime’s coming down – a Fairy Story’.
Look forward to hearing from you
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