2 hours ago
8
Palestine Action activists who were the first defendants convicted of property damage whose offending was deemed to have a “terrorist connection” have launched an appeal of “fundamental constitutional importance” against the judge’s finding.
Charlotte Head, 30, Leona Kamio, 31, Fatema Rajwani, 22, and Samuel Corner, 24, received lengthy sentences in June for smashing up drones and other equipment at Israeli arms manufacturer Elbit Systems’ factory in Filton, Bristol, in 2024.
Mr Justice Johnson’s decision to sentence them as terrorists after a jury found them guilty of non-terrorism offences – they were committed before Palestine Action was banned – has been criticised by civil liberties groups, including Liberty and Amnesty International.
Simon Natas, of ITN solicitors, who is representing the four prisoners, said serious property damage, which can constitute terrorism, was not clearly defined and could catch a wide range of offending, making the appeal of “fundamental constitutional importance”.
He said: “The only way you can determine what ‘serious’ means is by going back to what was said during the Terrorism Act [passing through parliament]. Jack Straw was the home secretary at the time. And when he presented the act to parliament he said that terrorism was, or involved, the use of serious violence.
“So … it had to be designed to create a climate of extreme fear and undermine the foundations of government. So, really, what we say is the government set the bar for what terrorism is very, very high.”
He said the bar had not been reached in this case and that there had been no intention to influence the government or to intimidate the public, or a section of the public, as required for a terrorism finding, “because the intention here was simply to damage weapons to prevent them being sent to Israel … and used by the Israeli military”.
While Corner was also convicted of grievous bodily harm without intent for striking Sgt Kate Evans with a sledgehammer, no terrorist connection was applied to this offence.
A press conference on Thursday was told that Johnson’s ruling on a terrorist connection meant that the four received heftier sentences. They will also serve at least two-thirds of their tariff in prison, much longer than the norm, and must rescind their political views to obtain parole.
Additionally, they will also be subject to 15 years of terrorist notification requirements on release, which includes informing police of any new devices, relationships, bank accounts or addresses.
Kamio’s mother, Emma, said that 40 quadcopter “killer drones” had been destroyed during the offending, and that the activists had been trying to save Palestinian children’s lives.
She warned that “the floodgates” would open, with more terrorist connection findings in similar cases if the appeal were unsuccessful.
In a statement from prison, Head said: “Our case has been politically manipulated to justify the proscription of Palestine Action.”
A statement supporting the appeal by the leading human rights lawyer Michael Mansfield KC said the integrity and fairness of jury trial had been undermined. “In effect, the judge can recategorise and upgrade and offence post-conviction,” he said.
A single judge will decide whether to grant the prisoners leave to appeal.
