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http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/england/london/6196185.stm

BBC News

Parliament protesters lose appeal

Wednesday, 20 December 2006, 11:11 GMT

 

Peace activists have lost their appeal against a decision to prosecute

them for demonstrating near the Houses of Parliament without police

permission.

 

Four protesters were arrested under the 2005 Serious Organised Crime and

Police Act last year.

 

The law prohibits demonstrations within 1km of Parliament unless prior

authorisation has been obtained.

 

The High Court ruled it was now accepted that the new legislation was

compatible with the human rights act.

 

Maya Anne Evans, 25, and Milan Rai, 40, both from Hastings, East Sussex,

were arrested after reading out the names of military and civilian

victims of the Iraq war at the Cenotaph in Whitehall.

 

Picnic protest

 

Rai was fined and is now facing jail for refusing to pay a penalty of

£500 including costs.

 

Backed by human rights group Liberty, their lawyers said both behaved

politely and peacefully throughout their demonstration in October last year.

 

Peter Thornton QC, appearing for both, argued the case brought against

them at Bow Street Magistrates' Court, in central London, was not

justified and was " disproportionate " .

 

Stephen Blum, 54, and Aqil Shaer, 41, who took part in a " picnic " on the

grass of Parliament Square on 1 August last year -- the day the new law

came into force -- also lost their appeals.

 

Shaer was given a £100 fine and Blum was handed a 12 month conditional

discharge.

 

Lord Justice Waller said lawyers for the four had made the " important

concession " that the 2005 Act was compatible with Articles 10 and 11 of

the European Convention on Human Rights, which protect freedom of

expression and the right to freedom of peaceful assembly.

 

He added the point now being argued was the decisions of the police to

arrest the four, the Crown Prosecution Service (CPS) to prosecute them

and the courts to convict them interfered disproportionately with those

important convention rights and was " unnecessary and heavy-handed " .

 

Rejecting the appeals, Lord Justice Waller said it " simply cannot be a

legitimate line of argument " to say the authorities had to look at " the

activity taking place without authorisation " before deciding whether to

prosecute and convict.

 

The judge also said the case did not give rise to any point of general

public importance and refused to give leave to appeal to the House of Lords.

 

 

I'm getting Pissed for X-mas

Just like the rest of the Year

There's no future in this lonely world

So might as well have a beer

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