Four Insulate Britain supporters were found guilty by a jury at Woolwich Crown Court on Wednesday 13 November for actions taken during Insulate Britain’s 2021 campaign of nonviolent civil resistance demanding the UK government insulate Britain’s cold and leaky homes. It was a campaign that was later called prescient by a number of commentators.
However, questions have arisen over just what a judge allowed the Insulate Britain activists to say in court – as one claimed she was not allowed to bring any ‘legal defences’.
Insulate Britain: another four found guilty on trumped-up charges
Mair Bain, Victoria Lynch-Staunton, Tam Millar, and Barry Mitchell were on trial before Judge Shorrock for common law public nuisance for participating in actions on 13th September 2021 at junction 14 of M25 and 15th September 2021 at junction 25 of M25:
These were the first two actions of the campaign:
The 11-person jury took two hours to reach a unanimous decision after a trial lasting 10 days. Sentencing will be on 18 December.
Three other defendants – Karen Wildin, Ian Bates, and Peter Morgan – pleaded guilty to the charges before trial.
The court heard evidence presented by the Insulate Britain defendants relating to the escalating climate crisis as well as recent examples of catastrophic weather events including the 200 deaths and rising from the flooding in Valencia, where bodies are still being found in the mud. They also heard evidence relating to the effectiveness of civil resistance.
‘How many pounds of flesh does the state want?’
In her closing speech Mair Bain said:
I acted from a place of care and genuine concern.. I believed my actions could help pressure the government into acting to prevent more deaths both from cold, damp homes and from the societal breakdown via a barrage of deadly destructive floods, storms, heatwaves, wildfires and droughts
The decision to protest, knowing the risk of prosecution, was not made lightly. Despite the risk, I still do not see what I did as a crime.
I’ve already faced consequences for my actions… How many pounds of flesh does the state want because I dared to draw attention to how the government’s failure is killing people?
Meanwhile, Insulate Britain activist Victoria Lynch-Staunton said:
I have not been permitted to bring any legal defences so really you are not getting the whole truth.
If I was causing such a public nuisance, is not the government creating a huge public nuisance by failing to address the problem. Millions of jobs in home insulation would be created, carbon emissions radically reduced, likewise heating bills and the risk to health.
I would sincerely request that you put aside preconceived thoughts and opinions as to the action I took and the reason I took it. I am simply trying to slow down mass suffering and bring some kindness, fairness, justice and equality for everyone.
The erosion of the UK justice system
Insulate Britain’s claims over legal defences ties into what other climate activists have experienced. As the Canary previously reported, Dr Gail Bradbrook, a co-founder of Extinction Rebellion, was tried at Isleworth Crown Court for breaking a window at the Department of Transport, also back in October 2019, to shine a spotlight on the Department’s support for HS2 and Heathrow expansion. Allegedly, the window cost £27.5K to replace.
In that case the judge, Judge Edmunds, directed the jury that Dr Bradbrook had no defence in law and prohibited her from explaining her motivations to the jury under threat of imprisonment. He also banned her from explaining the principle of jury equity to the jurors and threatened to move to a judge only trial if she breached these cases orders. In that case, the jury found Bradbrook guilty.
Insulate Britain: 45 trials and counting
Speaking after the verdict Insulate Britain activist Mair Bain said:
I have been found guilty of the trumped up charge of public nuisance but the only thing that bothers me is that the people responsible for the thousands of deaths related to cold, damp, poorly insulated homes and from climate breakdown related extreme weather events, heat waves, fires, drought and crop failure are not facing any trial or consequences for the deaths they are causing.
Victoria Lynch-Staunton said:
It saddens me that the judiciary would rather prosecute peaceful protectors than face up to the realities of the climate emergency and embrace the common sense and sustainable actions that Insulate Britain demanded.
In the 22 Insulate Britain jury trials for public nuisance charges to date, four trials have resulted in a hung jury, two trials have resulted in acquittals, thirteen have resulted in a guilty verdict and three have been deferred. The Crown Prosecution Service (CPS) has applied for retrials in the three cases where the jury failed to reach a majority verdict.
The CPS has chosen to summon a total of 56 supporters to answer at least 201 charges of public nuisance across some 45 jury trials, with additional retrials planned up to June 2025. These trials have been heard across Inner London, Hove, Lewes, Reading, and now Woolwich Crown Courts.
Featured image and additional images via Insulate Britain
