27th August 2014

An anti-fracking campaigner has failed to overturn his convictions for assaulting and obstructing a police evidence gatherer following last year’s protests at Balcombe.

Timothy Harris, 30, of Crewkerne, Somerset, argued that any contact between him and PC Stephen Kimber outside Cuadrilla’s oil exploration site at Balcombe had been accidental and he had not intended to obstruct the officer.

But his Honour Judge Paul Tain dismissed the appeal saying Mr Harris “knew that what he was doing was inappropriate and he should not have done it”. The judge said: “It was a moment of silliness, madness if you like.”

The case centred on the arrest of another campaigner, Zachary Hewitt, during a police escort of a lorry into Cuadrilla’s site on August 2^nd last year. Mr Hewitt had been carrying a large placard of a stag, which at times blocked the view of a police video camera. PC Kimber pushed the placard out of the way twice and, it was alleged, received a cut to his lip. He arrested Mr Hewitt, putting an arm around his shoulders, pulling him to the ground and lying on top of him.

The Crown alleged that during this scuffle Mr Harris struck PC Kimber on the back and tried to pull him away from Mr Hewitt.

Mr Harris, who had arrived at the protest the day before, gave evidence that the atmosphere had been “friendly and jovial” up to the point of Mr Hewitt’s arrest. Some campaigners had been taking part in an English-style tea party, with chairs and tables near the site entrance.

“I saw Mr Hewitt dragged to the ground. I felt it was so different to the tea party”, he said. “It seemed to be a short sharp shock.”

Mr Harris told Lewes Crown Court sitting in Brighton that he was concerned for Mr Hewitt’s safety. “There were bodies writhing around on the ground”, he said.

“I ran over. I tried to assist Zach [Mr Hewitt]. I grabbed his shirt. It happened very quickly”, he said.

Mr Harris said it had been a split second decision to help Mr Hewitt and he denied that he intended to obstruct PC Kimber. He admitted he touched the officer. “When I realised it was PC Kimber, I removed my hand”, he said. “Any contact with PC Kimber was accidental.” When he let go, Mr Harris said he fell over.

Asked by his barrister, Stephen Knight, whether he had intended to use force, Mr Harris said “Definitely not”.

Yesterday, Acting Sergeant Simon Barden, a police liaison officer at the protests, gave evidence thajt Mr Harris made a deliberate striking gesture from above the shoulder downwards towards PC Kimber’s neck and back.

This was not recorded on police video evidence. But Jonathan Edwards, for the Crown, suggested there may have been a brief point when Mr Harris had time to strike PC Kimber between the gaps in the film. “No”, said Mr Harris.

“Sgt Barden must be entirely wrong?” Mr Edwards asked. “I believe he was, yes”, Mr Harris said.

“Do you accept that by dragging Mr Hewitt you might have been dragging PC Kimber?” Mr Edwards asked. “Yes”, said Mr Hewitt.

Mr Edwards said protesters were hostile to the police because they were regarded as a private security force for Cuadrilla. “There was very much a ‘them and us’ atmosphere”, he suggested. Mr Harris said: “We were concerned about a confrontational atmosphere. We were trying to create a way in which it was not confrontational.”

Mr Knight had argued that PC Kimber was not acting in the execution of his duty because he could not have reasonably suspected that Mr Hewitt was committing an offence. Mr Knight also alleged that the officer did not tell Mr Hewitt that he was under arrest, in breach of the Police and Criminal Evidence Act. Mr Harris honestly believed Mr Hewitt was being assaulted, Mr Knight added.

Judge Tain ruled that PC Kimber was acting in execution of his duty and that the arrest was lawful. He said the court also accepted the evidence of Sergeant Barden. His Honour ordered Mr Harris to pay costs of £415 but he made no change to the sentence of a 12-month conditional discharge imposed by the trial court.

Mr Hewitt, who had been acquitted of assaulting PC Kimber at a trial earlier this year, had been due to give evidence for Mr Harris but did not attend court. The judge refused to allow the case to be adjournment for Mr Hewitt to attend later or to allow the use of a statement made by Mr Hewitt.