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Jean-Yves Gilg

Editor, Solicitors Journal

'Principled' Heathrow 13 avoid jail after airport trespass

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'Principled' Heathrow 13 avoid jail after airport trespass

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Protest was 'a matter of life and death'. The impact of air pollution is a 'ticking time bomb', says Hodge Jones & Allen partner

Activists protesting against the possible expansion of Heathrow airport have avoided imprisonment after being handed sentences of six weeks suspended for 12 months.

Labelled the Heathrow 13, the group of six women and seven men discovered their fate after being found guilty in January for aggravated trespass of Britain's busiest airport in July 2015.

The defendants were taking direct action against the ongoing effect of emissions at Heathrow and occupied the airport's north runway on 13 July 2015 causing up to 25 flights to be cancelled, disrupting some 92,000 passengers.

District Judge Wright said the group's plans were 'carefully orchestrated' after some members had contacted the press in order to publicise the event.

The judge did, however, acknowledge the group were 'people of integrity' but stopped short of excusing them for breaking the law.

'There can be no doubt that you are all very committed to tackling the problems of global warming and that you acted as you did on the 13 July in what you genuinely believed was in the best interests of the public and society as a whole. You are all principled people,' he said.

'The fact that you are principled and hold strong views about what is in the best interests of the public does not mean you are entitled to break the law. It does not mean that criminal offences will go unpunished or that the courts should ignore the impact of your activities on others.'

Wright issued a suspended sentence after recognising the risks that were taken by the defendants with their liberty at stake. He also said it would act as a 'significant deterrent'.

Raj Chada, a partner at Hodge Jones & Allen, defended four of the 13, Melanie Melanie Strickland, Sam Sender, Sheila Menon, and Robert Basto, said his clients stood by their actions.

'Having learned of scientific evidence that a third of aviation-attributable early deaths occur in Greater London each year and in particular, 31 people die early each year within a 20-mile radius of Heathrow Airport due to aircraft emissions, my clients felt compelled to act,' he said.

Chada highlighted that no action had been taken against Heathrow despite breaching European Union regulations aimed at reducing aviation emissions.

'We produced expert evidence at trial to show that 48 per cent of greenhouse gas emissions in the UK come from Heathrow and that aircraft emissions had a more serious effect on the environment than other sectors.

The criminal defence lawyer warned that the effects of air pollution had not gone unnoticed: 'Melanie, Sam, Sheila, and Robert, along with their fellow protestors were protesting a matter of life and death. The impact of air pollution is a ticking time bomb.'

'My colleague Jocelyn Cockburn is already investigating the possibility of bringing civil claims against the UK government for its failure to tackle this public health emergency,' he added.

'She believes the government is contravening its duty to protect the right to life under article 2 of the European Convention on Human Rights.'