Audrey Cherryl Mogan of the Garden Court Chambers Criminal Defence Team, and Alex McColl of Garden Court North Chambers, represented the defendants, instructed by Nicola Hall of Robert Lizar Solicitors.
Audrey acted for two defendants in the trial, where all four defendants were alleged to have committed criminal damage at Teledyne Defence and Space in Shipley, West Yorkshire.
The defendants broke through a perimeter fence in the early hours of the morning of 2 April 2024, and occupied the roof of the Teledyne site for approximately 17 hours. They accepted that they damaged the windows and rooftiles, but argued that their actions were justified because they believed they were acting to save the lives of Palestinians in Gaza, that they had to act to protect property at immediate risk of bombardment – including homes, hospitals, schools and universities – and that they had to act to prevent crimes, alleging that they honestly believed that Israel was committing war crimes in Gaza.
This was the first Palestine Action protest to take place and be heard at trial, following the initial hearings on the interim measures requested by South Africa in the South Africa vs Israel case at the International Court of Justice. The subsequent Advisory Opinion found that the occupation of Gaza is unlawful, and stated that Israel’s policies violate the prohibition on racial segregation and apartheid, which constitutes a crime against humanity.
The Defendants believed that the factory produced component parts for fighter jets and missiles that were to be exported to Israel, and that the activity of the factory amounted to a war crime, and so argued that their actions were necessary and proportionate.
Following extensive legal argument, led by Audrey Cherryl Mogan, on the scope of “lawful excuse” in sections 1 and 5 of the Criminal Damage Act 1971, the trial Judge withdrew the defences of necessity, protection of property and prevention of crime – effectively leaving the defendants with no defence in law.
After almost two days in retirement, the Jury failed to reach a verdict, despite the defendants having no defence in law, and were discharged this afternoon.
This case has been widely reported in the media, including on BBC News.
