Occupy Cardiff protesters claim victory after CPS drops case

Calls for inquiry into police tactics after prosecution service says case against Eric Jinks and Jason Simons 'not in public interest'

guardian.co.uk, Steven Morris, Tuesday 20 March 2012

Occupy Cardiff – Jason Simons talks through a loudspeaker to protesters
outside the local magistrates court. Photograph: Gareth Phillips 

Two Occupy protesters who were arrested and charged when they attempted to set up camp in Cardiff are claiming victory after a case against them was unexpectedly dropped.

Jason Simons, a therapist, and Eric Jinks, a student, were facing trial in June and a possible jail sentence for allegedly trespassing on land around the Welsh capital's castle.

But the Crown Prosecution Service has announced the case will not proceed because it does not believe it is in the public interest for the men to be tried.

The move was welcomed as a victory for the right to protest by the men's supporters and the archbishop of Wales. But some politicians are calling for an inquiry into how the police acted – including why officers were armed with Tasers – and why the case got as far as it did. The deputy leader of Cardiff city council, Neil McEvoy, described the decision to press ahead with the prosecution as a "waste of public money".

Jinks is considering taking legal action against the police. He said: "Our protest was completely peaceful. In fact there was a happy, almost holiday atmosphere at first."

However he had become "alarmed" that the police were carrying Tasers and claimed he was "bruised" when he was handcuffed. Jinks added: "With increasing joblessness and poverty, it seems likely there will be much more protest. The government, councils and the police will be faced with a choice of whether to use force to attack the right to protest as happened in Cardiff or to let the people speak."

Jinks, 18, and Simons, 36, set up camp believing that as the land was gifted to the people of the city in 1947, it belonged to everyone. They were removed and were charged by the police under section 61 of the Criminal Justice and Public Order Act 1994, which gives powers to remove trespassers from land.

A group of politicians, trade unionists and lawyers including Tony Benn and Leanne Wood,who has since been elected leader of Plaid Cymru, called for the charges to be dropped in a letter published in the Guardian.

About 100 people took part in a demonstration outside Cardiff magistrates court last month when a date for the men's three-day trial was set. But having reviewed the case, the CPS decided to drop it.

Naheed Hussain, deputy chief crown prosecutor for CPS Cymru-Wales, said: "In this case, our review concluded that sufficient evidence does exist to provide a realistic prospect of a conviction. However, we concluded that a prosecution in this case is not in the public interest."

The archbishop of Wales, Barry Morgan, said, "I am pleased that charges have been dropped. This country prides itself on the fact that we all have a right to protest peacefully, without being threatened or intimidated, and we must be diligent to ensure that right is protected."

But some politicians have said they want answers about the policing operation. A statement of opinion will be laid in the Welsh assembly by Plaid assembly member Bethan Jenkins calling for a public investigation. The statement claims: "The police failed in their duty to facilitate peaceful protest, risking harm to our young democracy."

A spokeswoman for South Wales police said the force had not received any formal complaints over how it handled the situation but would investigate if it did so. She said officers from the territorial support team were present and they always carried Tasers when on duty.