Protestor charged with obstructing coach bound for Bibby Stockholm barge found not guilty after trial

On 2 May 2024, a coach that was due to take asylum seekers to the controversial Bibby Stockholm barge was blocked in by people from the local community. Protestors sat in the bus stop lane on Peckham Road, blocking the coach from removing vulnerable people to the ‘floating prison’, and their potential subsequent deportation to Rwanda and was widely reported in the media, including in The Guardian, BBC News and The Independent.

The overcrowded barge, which had been described as a “hell barge” by some of the occupants who were fleeing persecution and conflict, reported outbreaks of legionella, significant concerns about cramped conditions, food quality and safety, which resulted in the death of one asylum seeker by suicide.

The protestor arrived at Peckham Road where asylum seekers had been housed in the Best Western Hotel. The protestor was sat in front of the coach in the bus stop lane for less than an hour, before her arrest for obstruction of the highway, contrary to section 137 of the Highways Act 1980.

After a three-day trial at City of London Magistrates’ Court, the protestor was found not guilty by the District Judge, who concluded in line with Audrey’s submissions, that it was a limited and targeted protest and the Crown had failed to demonstrate to the criminal standard that a conviction would be a proportionate interference with the protestor’s rights, under Articles 10 (freedom of expression) and 11 (freedom of assembly) of the European Convention on Human Rights.

Through cross-examination of the Superintendent of Police, it also became clear that, despite the Metropolitan Police knowing that no asylum seekers would be transported that day, police officers on the ground had failed to convey this important information to the majority of protestors.

Crucially, there was clear evidence that both lanes of traffic on the Peckham Road were freely moving throughout the extent of her protest. There were no statements from anyone impacted by the protest and, to the contrary, many members of the community who had previously been supporting the asylum seekers through community projects had attended to ensure their safety.

Given the lack of any evidence of obstruction of any road traffic users, the case raises important questions about the decision of the Crown Prosecution Service to charge these individuals, and the chilling effect the overcharging of peaceful protests has on the right to protest in the UK.

Audrey Cherryl Mogan of Garden Court Chambers was instructed by Zachary Whyte of Sperrin Law, and co-defended with Dharsha Jegatheeswaran of One Pump Court and Jessica Atkinson of Hodge Jones and Allen solicitors.