Hamish McCallum of the Garden Court Protest Law Team successfully acted for one of the defendants, instructed by Robert Lizar Solicitors.
The defendants, members of the campaign group Animal Rising, were charged with public nuisance following their protest at Aintree Racecourse in 2023, which caused a delay to the start of the Grand National race.
The six-handed trial, which took place at Liverpool Crown Court, latest over three weeks and involved lengthy legal argument related to the proper interpretation of the new statutory offence under s.78 of the Police, Crime, Sentencing and Courts Act 2022 and availability of defences to the charge of public nuisance.
At the end of the trial, the Judge left multiple issues to the jury including factual questions as to whether a public right was obstructed, as well as defences of reasonable excuse (on the basis that defendants were acting to prevent harm to horses) and proportionality, meaning that the jury were additionally directed to consider the proportionality of conviction as an interference with defendants’ right to protest under Articles 10 & 11 of the ECHR.
After nine hours of deliberation, the jury unanimously acquitted all six defendants.
See press coverage: BBC News, The Independent
