The Glasgow Defence Campaign
welcomes yesterday’s victory for two activists arrested
in February on an anti-ATOS protest in Glasgow for using a megaphone, as
the Crown case all but collapsed. Supporters gathered on the steps of the
Sheriff Court to demand ‘No harassment, no arrest! Defend the right to
protest!’ and an end to the brutal attacks on
the rights of sick and disabled people through companies like ATOS.
The Procurator Fiscal conceded
that the original arrests of Dominic O’Hara and Daniel McGarrell – both
supporters of Fight Racism! Fight Imperialism! – were unlawful and charges of
resisting arrest, police obstruction and attempts to liberate a prisoner from
custody were all dropped before the trial. However, in a quite incredible
decision, the Crown Office has decided to continue pursuing Dominic through the
courts for use of a megaphone under Section 54 of
the Civic Government of Scotland Act (1982), setting the next trial date for 6
January 2014.
Dominic told the GDC: ‘The key
question here is freedom of speech for everyone who is trying to organise
against the cuts and welfare reform. It’s a fight we can’t lose.’ Daniel added:
‘That the Crown didn’t abandon the case today shows that this is clearly
political. The dropping of the charges against myself shows the importance of
fighting political charges with a political defence. Imagine if I’d plead
guilty? I’d like to thank the GDC and those supporters who have stood with us
throughout the last seven months.’
To be clear: on 22 February 2013,
dozens of Strathclyde police officers on foot, bikes, cars and vans were
mobilised to intentionally disrupt a peaceful protest against ATOS in Glasgow
city centre. Police proceeded to violently arrest two activists for using a megaphone under Section 54 of
the Civic Government of Scotland Act, which
the officers must have known carries no power of arrest. The activists were
therefore unlawfully arrested and incarcerated in the cells of Stewart Street
police office for several hours before being charged with resisting arrest and
police obstruction. Three weeks later, Daniel McGarrell was contacted by what
was subsequently confirmed by solicitors to be an undercover
police officer who issued him with threats and attempted to recruit him
as an informer. The Crown Office has admitted that the original arrests were
indeed unlawful but will now spend at least one
year in the courts attempting to pursue an activist for exercising free
speech in the course of a peaceful protest.
The Coalition government, with
the support of the Labour opposition, is undertaking an unprecedented attack on
the living standards of a whole generation, dismantling the welfare state and criminalising
the poor, the young and the unemployed on a massive scale. The most vicious
aspect of this historic process has been the degrading and deadly attacks on
the rights and dignity of sick and disabled people, thousands of whom have died
after going through the notorious Work Capability Assessments run by ATOS. The
case of the Glasgow Against ATOS 2 shows that all those who seek to organise
effective opposition to these policies, whether legal, peaceful or otherwise,
will need to actively fight for their right to do so. The battle to defend
freedom of speech is one and the same as the fight against ATOS, unemployment
and inequality.
The Glasgow Defence Campaign asks
that all progressive individuals and organisations join with us in demanding
that the remaining charge against the Glasgow Against ATOS 2 be dropped
immediately, and that freedom of speech is respected. We will be pursuing
compensation from Police Scotland and demanding answers directly from Chief
Constable Stephen House and the office of the Procurator Fiscal. Send messages
of support to glasgowdefence@gmail.com
and stand with us on the streets. An injury to one is an injury to all!
Miriam Kelly, GDC PRO, 2 October
2013
