IN THE UXBRIDGE MAGISTRATES COURT SITTING AT WILLESDEN BETWEEN:

THE CROWN PROSECUTION SERVICE

and

ROBERT ANTHONY BASTO

ELLA GILBERT

RICHARD STEVEN HAWKINS

CAMERON JOSEPH KAYE

SHEILA MENON

KARA LAURA MOSES

DANIELLE LOUISE PAFFARD

REBECCA HOLLY SANDERSON

SAM SENDER

MELANIE STRICKLAND

ALISTAIR CRAIG TAMLIT

EDWARD THACKER

GRAHAM EDWARD JONES THOMPSON

REASONS

1. This case concerns an incident on 13th July 2015 when the defendants

entered the northern runway at Heathrow and erected a

structure on the runway. This had the effect of disrupting the use of the

runway and the operations of landing and departing planes for several hours. The defendants were trespassing and it was their intention to

disrupt flights.

2. Each of the defendants faces two charges, namely aggravated trespass

in that they obstructed/disrupted someone engaged in a lawful activity

contrary to section 68(1) and (3) of the Criminal Justice and Public

order Act 1994 and entering a security restricted area of an aerodrome

without permission contrary to section 21C(1)(a) of the Aviation

Security Act 1982 .

Agreed facts.

3. The facts are largely agreed. The agreed facts will form part of my

findings and I will not repeat them later in this judgment.

4. consists of an international airport on private land.

It is surrounded by a perimeter fence which separates the airside area

of the airport to which the public do not have access and the landside

area to which the public are permitted to have access. The airport has

its own by-laws. It is a criminal offence to enter the airside part of the

airport without authorisation. The perimeter fence has signs which

clearly state that beyond it is a restricted zone and that it is a criminal

offence to enter without permission.

5. The airport currently has two runways. Generally flights stop at about

11.30pm and the first flights land at about 4.30am and the first flights

take off at about 6am. There are occasions when the airport can extend

the 11.30pm deadline but during night time one runway is closed and

the other remains open in case of emergency. On 13th July 2015 the northern runway was the runway that remained open during the early

hours.

6. On average 200,000 passengers per day pass through Heathrow. That

amounts to 73.4 million passengers per year.

7. On the 1st July the Commission; Final Report (the Davies

Report) was published and it recommended that a third runway be

constructed a Heathrow.

8. In anticipation of the outcome of the report the defendants began to put

in place plans to enter the airport and occupy the runway prior to the

report being published. Once it had been published their plans

crystalised.

9. At about 3.45am on the 13th July 2015 the police received calls to the

effect that the callers had seen suspicious activity around the perimeter

fence. On arrival the police discovered that the perimeter fence had

been breached and a large hole had been cut into the fence. 4-6 pairs of

bolt cutters had been discarded near to the hole in the fence.

10. At least one of the defendants also called the police once they had

entered the runway to let the police know that they were there. They

did this in order to ensure their safety and the safety of others.

11. Shortly afterwards the police discovered the thirteen defendants

engaged in a protest on the eastern end of the northern runway. The

protestors had erected a tripod shaped structure out of scaffolding poles

and one of the protestors, Cameron Kaye, was sitting at the top of the

structure. Mr Kaye was wearing a white jumpsuit and was dressed as a

polar bear. Three of the defendants were inside the tripod structure. The remaining protestors had either secured themselves to the structure

or each other. Those that had secured themselves to each other had

used poles filled with either glue or expanding foam. The purpose of

this was to make it more difficult to remove them from the runway.

12. Some defendants had contacted the media and were talking to news

agencies and tweeting posts. They issued a press release.

13. There were banners fixed to the structure which read “ No ifs, No

buts”, “No third runway”. “Plane Stupid” and “in it for the long haul”.

The first two banners were a reference to the words of David Cameron

when talking about the expansion of Heathrow airport in 2009.

14. The activities of the group were reported by the police to operations

managers at Heathrow. The incident was given a high degree of

priority and was treated as a “gold” incident which is required for the

most serious type of incident.

15. Heathrow Airport staff deployed staff to deal with the incident and

resources such as snow ploughs were put in place to shield the

defendants from planes. The runway re-opened with a shortened

stretch for take off with the first flight taking off at 6.13am. Three

pilots felt unable to use the runway with a shortened length. Heavier

aircraft could not use the northern runway at all. No flights were able

to land on the northern runway until the protestors had been cleared.

16. Throughout the day the southern runway remained open and some

flights were diverted to that runway. In particular incoming flights.

However, Heathrow Airport runs close to capacity nearly all the time

and on this day there were 1300 flights due to take off and land. 17. The defendants were informed by the police that they were engaged in

an unlawful activity and that flights were due to land in approximately

45 minutes. They were informed that they were being arrested for the

criminal damage that had been caused to the perimeter fence. They

were then informed that they would be arrested for criminal trespass.

During the exchange police informed the protestors that aircraft were

due to land in 30-45 minutes and one of the protestors, Graham

Thompson, said “ I suggest that they use the other runway”. During the

time that officers were dealing with the defendants, the police

observed the protestors talking about the proposed third runway and

about climate change. They were also chanting “we don’t want no

runway”. The protestors were asked to leave voluntarily but they

would not.

18. During the protest or action the police made a recording of some of

what was happening and I have received this in evidence. During the

recording Mr Sender referred to the fact that a number of people living

in the vicinity of Heathrow die each year because of the emissions

from the airport.

19. Police commenced an operation to remove the protestors from the

runway but the runway was not fully operational until 10.05am that

day.

20. All defendants were arrested and taken to Heathrow police station

where they were interviewed under caution. All gave no comment

interviews, although Sheila Menon gave a prepared statement in which

she spoke about the need to lower emissions by lowering the number of flights, the targets created by the Climate change Act 2008 which

can not be met and the fact that the Airports Commission

recommended a new runway. Any new runway would mean that the

UK had decided not to tackle climate change.

21. Significant Heathrow Airport Ltd staffing resources were diverted to

dealing with the protestors. Approximately 25 flights had to be

cancelled altogether, 12 incoming and 13 departing.

22. The protest caused significant disruption to flights both incoming and

outgoing. There was damage to the perimeter fence (a hole

approximately 8 feet by 3 feet had been cut) and to the runway caused

by the scaffolding erected and detritus left by the protestors. All of this

had to be cleared before that part of the runway was able to be safely

used.

The offences.

23. The offence of aggravated trespass is set out under section 68 of the

Criminal Justice and Public Order Act 1994. It reads as follows:

68(1) A person commits the offence of aggravated trespass if he

trespasses on land and, in relation to any lawful activity which persons

are engaging in or are about to engage in on that …land does anything

which is intended by him to have the effect –

(a) of intimidating those persons…

(b) of obstructing that activity, or

(c) of disrupting that activity. 24. The offence of unauthorised presence in a security restricted area is set

out in section 21C of the Aviation Security Act 1982. It reads as

follows:

“21C(1) A person shall not –

(a) go with or without a vehicle, onto any part of a [security

restricted area] of (i) an aerodrome……except with the

permission of the manager…or a person acting on behalf of

that manager…….

(2) Subsection(1)(a) above does not apply unless it is proved that,

at the material time, notices stating that the area concerned was a

[security restricted area] were posted so as to be readily seen and

read by persons entering…..

(3) A person who contravenes subsection (1) above without

lawful authority or reasonable excuse shall be guilty of an

offence …….

The issues.

25. The principle issue in this case is necessity. The defendants all

maintain that they felt compelled to do what they did in order to

prevent death or serious injury.

26. All gave evidence that they were concerned about the effects of

aviation on climate change and most also gave evidence that they were

also concerned about the effects of pollution from aircraft on the

residents of the areas surrounding Heathrow. 27. In relation to the offence under section 21C of the Aviation Security

Act 1982 the defendants also say they had a reasonable excuse.

My findings of fact.

28. Most of the defendants are of previous good character. Not just good

character but positive good character and I have given myself the good

character direction in respect of Ella Gilbert, Richard Hawkins,

Cameron Kaye, Sheila Menon, Karen Moses, Rebecca Sanderson, Sam

Sender, Melanie Strickland, Alistair Tamlit, and Edward Thacker.

Although I haven’t been invited to give myself the good character

direction in respect of the remaining three defendants, I can’t fail to be

impressed by the character references which have been provided for all

of the defendants. The quality of the references, the people who gave

them and the attestations to the integrity and dedication of the

defendants are all outstanding.

29. Each of the defendants is entitled to have the facts considered

separately against them and I have taken into account the defences

that each of them individually has advanced.

30. The defendants have, for various periods of time, but in all cases for

some years, engaged in activities designed to bring to the attention of

those with the power to effect change, the pressing need to do

something about climate change. Ms Gilbert is a freelance science

journalist and has two degrees on the effects of climate change. She is

interested in the physical influences on climate change and in

particular its effects on the polar regions. Mr Sender moved to Sipson to work on land that has been earmarked for a third runway. He has

campaigned against the building of a third runway at Heathrow. Ms

Strickland works for Medact, a health charity which focuses on climate change. She did a law degree and was nominated for and won prizes for her campaigning on climate change. Mr Basto has a PhD in physics and has been campaigning on issues of climate change for 15 years. His sister-in-law is Marina Basto who lives in Hayes and whose health, Mr Basto believes, is adversely affected by Heathrow Airport.

Mr Thompson works in the press office for Greenpeace. Cameron

Kaye is a community campaigner in the locality of Heathrow. Danielle

Paffard is a professional community campaigner. At the time she was sharing an office with the Aviation Environment Foundation. Mr

Tamlit works as a climbing instructor but he studied geography at university and has had an interest in climate change since a very young age. He has also moved to Sipson to join the campaign against the third runway at Heathrow. Ms Menon is a film maker. She has been involved in campaigning against climate change for many years. Mr

Thacker is a community worker and teaching assistant who has also campaigned against climate change. Ms Moses is an environmental journalist. She has written articles and reported on the effects of climate change. Mr Hawkins is a director of a charity. He has worked for an independent research centre looking at the effects of climate change in the past. He had something of an epiphany listening to a lecture whilst doing a law degree and he told me that it changed his plans for the future. He has been working on lobbying the government to introduce a scaled frequent flyer levy in order to reduce the number

of flights that frequent flyers take. He has prepared evidence for select

committees on this issue. Ms Sanderson works at the same research

centre as Mr Hawkins and has also been working on the frequent flyer

levy. She works professionally as a psychologist analysing behaviour

in relation to its impact on climate change. Ms Sanderson’s father has

worked on the Antarctic and wrote an academic paper about the effects

of climate change on the region. She has been concerned about climate

change for many years and travelled from Wales to participate in this

endeavour. She told me she was proud of what she and the other

defendants had done on the 13th July.

31. All of the defendants have campaigned by attending marches; most

have lobbied politicians; most if not all, have adjusted their own

lifestyles to reduce their carbon footprint.(Although at least two

defendants have taken long haul flights in the last few years). Some are

working either full time or part time in occupations or on projects

designed to tackle the problems of climate change and some work

particularly in the field of trying to reduce carbon emissions from

aviation. Some have moved to the villages surrounding Heathrow and

in particular Sipson to join the campaign against the building of a third

runway at Heathrow.

32. There can be no doubt that the defendants are very committed to

tackling the problems of climate change and that they acted as they did

on the 13th July in what they genuinely believed was in the best interests of the public and society as a whole. They are all principled

people.

33. I am satisfied that Heathrow Airport is situated on private land and

that when the defendants entered onto the runway on 13th July they

were trespassing. They knew that the land was private land and that it

was a restricted zone. It was clearly marked as a security restricted

zone and there were markings along the perimeter fence warning of

this and of the consequences of entering onto the airfield. The signs

were clearly able to be seen and read. Indeed none of the defendants

asserted that they had not seen the signs.

34. Although it hardly needs saying and no point was taken, since Mr

Greenhall makes the point that the Crown are put to strict proof on all

aspects of its case not admitted in section 10 admissions or in respect

of evidence called, I am satisfied that the activity carried out on the

land namely the departure and landing of aircraft is a lawful activity.

35. Again although it hardly needs saying I am satisfied that the

defendants did not have permission to enter the restricted zone.

36. When the defendants entered the runway on the 13th July it was their

intention to obstruct the lawful activity that was about to take place and

it was their plainly stated intention to disrupt that activity. They wanted

to stop flights from taking off and landing on the northern runway for

as long as possible.

37. I received witness statements from Bryan Tomlinson, Marina Basto

and Philip Rumsey who live close to the airport and have various health conditions which they believe is related to the fact that they live

close to Heathrow.

38. Some, if not all of the defendants are convinced that the pollutants

from aviation near Heathrow are responsible for a number of deaths

annually. I have been told by some of the defendants that 31 people

die each year within a 32 kilometre radius of Heathrow because of

the emissions generated by aircraft using the airport. I received no

expert evidence in this respect and I make it clear that I do not find that

this assertion is true, but I accept that the defendants believe that it is.

39. All of the defendants are passionately committed to raising the issue of

climate change and bringing it to the attention of not just the public,

but those who are in a position to do something about it. Each of them

believes that:

a) Climate change is caused by pollution.

b) Climate change is already causing deaths around the world as a

result of storms, droughts, floods and other catastrophic weather

related events.

c) Unless something is done to reduce carbon emissions climate

change that is likely to be catastrophic to mankind will occur. The

need to change is urgent. Some defendants spoke of us reaching a

“tipping point”.

d) Climate change has a disproportionate effect on the global south,

i.e. on poorer communities which are least responsible for causing

pollution and are in a weaker position to deal with its effects. e) Aviation is particularly hazardous in relation to polluting the

atmosphere because of the altitude at which emissions occur.

f) Heathrow is responsible for 6 % of the UK’s carbon emissions

but because of the altitude issue it is more akin to 12-13%.

g) Heathrow is in breach of EU regulations regarding emissions as it

currently operates and that this would be made worse by the

opening and use of a third runway.

h) That they have done everything possible to raise the issue and

persuade politicians of the need to change. They are exacerbated by

the lack of response an all felt that they had done everything else

possible to highlight the issue but to no avail.

40. The defendants are all well informed on the issue of climate change.

They variously told me that the UK is responsible for 2% of the

world’s carbon emissions, that Heathrow is responsible for 6% of those

and that it is responsible for 48% of the UK’s aviation emissions.

Heathrow, they say, is responsible for the second largest mount of

carbon emissions each year in the UK. The defendants say was told

that it is responsible for the largest single source of aviation emissions

in the world. The defendants are aware that there are an average of

about 1200 flights per day into and out of the airport.

41. The defendants were passionately committed to opposing the building

of a third runway at Heathrow. They were bitterly disappointed

although not surprised by the conclusions of The Davies Report when

it was published on the 1st July 2015 and they then decided to put into

place their plans to take by invading the runway at Heathrow. The recommendation of a third runway at Heathrow in the

report was the trigger for the events of the 13th of July.

42. Had the report reached a different conclusion the defendants had no

plans to take alternative action elsewhere.

43. The plans that were made were highly organised and considered. The

defendants agreed on a date, no doubt one that they could all meet. At

least one of the defendants booked leave from his job in order to

participate in this protest. They took equipment with them, took

precautions to ensure their safety by calling the police. Their planning

included safety issues and calling the event off if they felt it was unsafe

to proceed. Had the defendants seen an emergency landing taking

place they would not have proceeded.

44. I accepted that the tripod erected by the defendants was symbolic of a

polar ice cap and that they were alluding to the damage that is caused

by climate change in so doing. I accepted that the protestors were very

concerned about the impact of a third runway on the environment and

they wanted to highlight the impact on climate change.

45. The principle aim of the protest or direct action, as the defendants

would prefer to call it, was to protest against the proposals to build a

third runway at Heathrow. I find that this is the case because:

a) The action took place in the immediate aftermath of the

publication of the Davies Report. All of the defendants gave

evidence that they had been concerned about climate change for a

number of years and yet they felt no compulsion to take direct

action before the publication of the Davies Report. b) The planning of the action started before the Davies Report was

published and was to take place in the event that the Davies

Report recommended a third runway at Heathrow. Airport.

Expansion elsewhere in London would have increased air traffic

elsewhere and therefore increased overall emissions and yet there

were no plans to take action elsewhere.

c) Some of the defendants had moved to Sipson or the Heathrow

area in order to campaign against the building of a third runway

the at Heathrow. They were passionately committed to opposing

its construction. This was their main focus.

d) The defendants had placed banners around the tripod which

specifically related to the group “ plane stupid”, and referenced

airport expansion at Heathrow – “ no ifs, no buts” and “ no third

runway”.

e) The protestors were chanting “ we don’t want no runway”. And

“no no no way”.

f) In evidence Graham Thompson said he would not have taken

direct action had the Davies Report not recommended a third

runway at Heathrow. Ms Paffard said that she took action

because the report broke her faith. Most of the defendants

conceded that the publication of the report was the last straw or

the trigger that led to the action that they took.

46. I found the defendants claims that they were acting under a compulsion

to be disingenuous. I haven’t taken lightly the fact that they are people

of integrity. This does not mean that they are incapable of being untruthful. They made a choice designed to highlight their grievances,

namely the decision to recommend a third runway at Heathrow, the

dangers of climate change being secondary on that day. (Although I

accept that their motivation for opposing the third runway was about

pollution and climate change.) I have no doubt that the date chosen

was convenient to them, there being nothing otherwise remarkable

about the 13th July.

47. I did not accept that the defendants believed that their actions were

necessary to prevent death or serious injury for the following

reasons:

a) As a proportion of the whole, if what they believed is true, [ UK’s

emissions are 2% of global emissions, aviation is responsible for

6% of that total in the UK, or 12-13% if allowances for greater

impact at altitude are taken into account, Heathrow is responsible

for 48% of that and every day 1200 planes take off and land from

that airport, only a small proportion of which were likely to be

disrupted given that Heathrow has a southern runway which was

always going to be fully operational], the impact that their actions

was and was always going to be small.

b) Many of the defendants spoke of the fact that they saved a large

quantity of co2 emissions because 25 planes had to be cancelled. I

am sure that such a well informed group would have been aware

that any savings would have been offset, at least in part, by any

additional emissions created by e.g. aircraft stacking, additional

taxi-ing of planes or additional flights that might have had to be arranged to compensate for cancelled flights. However, at the time

the defendants went onto the runway all were aware that their

protest would be relatively short. Only Karen Moses suggested it

would last any longer than a few hours. I did not believe her. I am

sure all knew that they would be removed as quickly as possible,

certainly within a few hours at most. Indeed in his evidence Mr

Thacker said that he did not expect to be there for long or to stop

many planes. He acknowledged that there would be little effect on

the southern runway or other airports. This was a well planned

activity and the defendants would have discussed what the impact

of their actions might be which this leads me to the conclusion that

what most said, namely that they expected to be removed within a

few hours, was true. Prompt removal would inevitably reduce

emissions saved. c) None of the defendants knew of anyone who was at immediate or

even impending risk of death at that point, either locally or

worldwide. When asked, as they all were about what or who they

believed to be at imminent risk of death or serious injury on the

13th July 2015, no-one named anybody in particular. d) Apart from the generic risk of death from the effects of climate

change globally and pollution locally, which the defendants believe

is created by emissions, there was nothing to suggest that there was

any particular risk that day. e) The defendants did not know whether any flights would be

cancelled and if so how many. f) The defendants called the police in order to let them know that they

were there. This would have accelerated the operation to remove

them and reduced the impact of their actions in terms of the length

of time that they were on the runway.

g) The defendants called the media and highlighted the fact that they

were protesting against the third runway and I did not accept that

this was because they felt the press would be more interested if

they made it about the runway rather than saving life. It is

inconceivable that the press would not have covered the incident

whatever the reason.

h) If there had been an incoming plane making an emergency landing

the action would have been aborted.

i) Many of the defendants have conceded that they were aware of the

risk to human life from climate change long before July 2013. they

had not felt compelled to take the action that they did before that

time.

48. I found the defendants’ actions were symbolic and designed to make a

point, not to save lives.

49. Because of the very limited impact that the defendants’ actions would

have had on climate change globally or on harmful polluting emissions

in the surrounding areas of the airport, I did not accept that that they

believed that there was any prospect that what they did could have

saved lives or prevented serious injury. 50. It goes without saying that I am not satisfied, therefore, that the

defendants did believe that their actions were necessary to save life or

prevent serious injury full stop, let alone in the very exceptional

circumstances that would afford them a defence of necessity or duress

of circumstances. The defence must therefore fail.

51. Further, and although I am not required to make any findings in view

of the fact I have found as I have, I am entirely satisfied that from an

objective standpoint, for the reasons that I have set out in paragraph 47,

the defendants were not acting reasonably and proportionately in order

to avoid death or serious injury. Their actions were not necessary.

52. It is therefore unnecessary for me to review the many authorities which

have been put in front of me. However, even if I had found for the

defendants in relation to their own beliefs, I am quite certain that given

the fact that the defence is available in only exceptional

circumstances, the defence could not possibly apply in the

circumstances of this case as a matter of law.

53. I do not find that the defendants have available to them the defence of

necessity in relation to the offence of aggravated trespass and I am

sure beyond reasonable doubt that they are all guilty of that offence.

54. Like wise for all of the reasons set out above I do not find that the

defendants had the defence of necessity available or either lawful

authority or reasonable excuse for their unauthorised presence in a

security restricted area and I find all of them guilty of the offence

under section 21C of the Aviation Security Act 1982. 55. I am satisfied that the defendants had very little regard to the disruption

that their actions caused.

56. I accepted the evidence of Mr Oxby that the flow rate for take off and

landings was reduced throughout the day as a direct result of the

protest. This affected punctuality and throughout the day 41,000

departing passengers and 51,000 arriving passengers were affected by

the delays that day. I accept that some of those delays were contributed

to after 1pm by adverse weather conditions but I find that a significant

proportion was due to the actions of the defendants.

57. I accepted Mr Oxby’s evidence that the figures above take no account

of the knock on impact on the timeliness of flights from other airports

or on cancellations that were caused.

58. I accepted that the evidence of Mr Oxby that the delays may have had

an effect on those passengers making connecting flights elsewhere.

59. I do not have any statements from the passengers who were adversely

affected that day but I have heard from Heathrow Airport Ltd staff.

60. However, I am entitled to make some assumptions as a matter of

common sense. The actions of the defendants caused major

disruption to the flight schedule at Heathrow for that day. 25 planes

were cancelled. That would have caused disruption of some sort to the

thousands of passengers who would have been due to travel on them.

61. I am satisfied that the evidence I heard about the knock on impact that

demonstration had to the flight schedule for that day was significant. I

accept that there were delays due to the weather conditions in the afternoon, but nonetheless thousands of people would have been

adversely affected by this action. These passengers are victims.

62. I am satisfied that significant staffing resources had to be diverted to

dealing with the incident and that there were associated costs to

Heathrow Airport Ltd.

63. I am satisfied that those costs continue as I heard from Mr Oxby that

additional security measures have had to be put in place on an ongoing

basis to try and prevent a similar incident in the future and that this has

had a cost implication to Heathrow Airport Ltd.

64. People make journeys for a wide variety of reasons. Not just for

pleasure or even business. People travel for medical care or to visit

sick or dying relatives, to go to school and so forth. I have no

information about what journeys were being made that day, but then

neither did the defendants. I have no information about what the

financial implications to individuals might have been, or to the impact

that any stress they might have suffered as a result might have been.

But then neither did the defendants. Stress can have adverse effects on

physical health. Mr Sender and Mr Thacker apologised for the

inconvenience caused, but apart from that if the defendants gave any

thought to the impact that they might have had on their many

thousands of victims, they gave little or no indication of it in court.

One defendant spoke of her pride at what she had been involved in on

that day. At worst the defendants considered it but continued anyway.

This action was not just a minor inconvenience where the ends justified the means. We simply don’t know what the cost were to the

individuals who were affected.

65. There have been times when throughout the trial when some

defendants were at pains to make political points. Given that the

defence position was so weak, I sincerely hope that the court process

has not been used as a political platform. In any event the defendants

must expect to bear the full costs of this case between them.