• A protester was found not guilty of obstructing a police officer at a protest shortly following the sudden death of a young Black man after contact with South Wales Police in January 2021.
• The defendant was in Cardiff Magistrates Court on Tuesday, and stood accused of shining a torch on officers who patrolled the Justice for Mohamud Hassan protest against police brutality.
• The judge found Steven innocent despite a bid by the prosecution through officer statements, social media monitoring, and video footage shot by the police that evening.
• The case is the second in as many weeks, and raises major concerns around politicised punishment for anti racist protesters.
Image: People protest for Mohamud Hassan in February 2021, voice.wales stock image
An activist protesting against South Wales Police over the death of a young Black following police custody has been found not guilty of obstructing a police officer by shining a torch at them.
Steven E – not his real name – faced the charges in Cardiff Magistrates Court on Tuesday and faced a hefty fine if found guilty, but successfully argued in court that shining the torch was not a deliberate attempt at obstruction. The protest in question took place in the middle of January earlier this year.
voice.wales has decided not to identify the man to avoid any damage to his character or repercussions from his place of work.
Steven E was accused of directing the light of a general-use work lamp at cops who were walking around filming every angle of the crowd, viewed by Steven as an invasion of his privacy, at a demonstration concerning the alleged police brutality involved in the death of 24-year-old Mohamud Hassan.
The defendant was identified by South Wales Police investigators due to his presence at past protests and during his trial the Crown Prosecution Service had presented to the judge twelve screenshots of pro-Black Lives Matter posts he had made on social media.
The officer who accused Steven of deliberately aiming his torch at him said that he feared permanent retina damage, but also admitted that he had not been to an optician since the protest to check for any lasting injury to his sight.
After multiple videos filmed by police of the demonstration were played and the testimony of a cop on duty that day was heard, it was ruled that Steven’s behaviour was not wilfully obstructive and he was found not guilty of the charge.
Steven said after his ten-hour stint inside the courthouse: “I expected to be found guilty regardless, so it was really nice to hear that [not guilty verdict] roll through.”
“I imagined I would’ve been found guilty because of the way the law around police officers and the statements that were released play into a bizarre narrative that police are always victims.”
“It made me think a lot about those people who were found guilty or not been able to defend themselves. Here I am found not guilty but I’m here because I’ve had the resources to fight it.”
The court had heard a similar case just weeks before in which an activist had shone a phone torch in the face of a cop standing guard on the steps of Cardiff Bay police station, resulting in him being slapped with a £159 fine by the presiding judge.
There are other known cases of people being brought in for questioning by South Wales Police accused of the same crime. Some activists who have more knowledge around the law have been able to successfully defend themselves, whereas others have felt forced to plead guilty and accept the fine and a criminal record.
Police have seemingly spent hours chasing down protesters for shining torches at them, retrospectively punishing people months later. The case raises concerns around collective and politically driven punishment for anti-racist protesters who aimed their anger specifically at South Wales Police. So far, politicians in Wales and the majority of the media have stayed silent on this targeting of anti-racist protesters.
A spokesperson for Black Lives Matter Cardiff and Vale commented on the various cases: “The cops’ blatant prioritization of arresting and in some cases charging, innocent protesters for shining torches in their direction, over holding themselves accountable over their own conduct, is as expected as it is shameful.”
Another man was dragged from his bed by South Wales Police, also accused of blinding officers with his phone light, and voice.wales published a transcript of his testimony in March.
The activist, fearing further repercussions from police, said: “[T]he other day I was arrested by South Wales Police and I was dragged out of my bed. I was actually raided when six plainclothes officers came to my house.”
“They forcefully enter my room. Like I’m not a criminal. I’m actually a businessman. I’ve got an up-coming business and sell shoes. And these guys have come into my room acting like I’m Pablo Escobar.”
But Black Lives Matter are keen to stress that despite the crackdown, people must continue to take to the streets as the best means of defending the movement from attacks.
“We do not have to be afraid of the cops and we do not have to be afraid of their bullying tactics,” said the spokesperson. “They will try to intimidate us, but just as this activist has shown, if you want to come for us, prepare for a battle, because you come for all of us.”
“We will not stand down and we will come again. This verdict, quite simply, is an indictment on the disgusting nature of policing in Wales right now, and further evidence that the cops would rather cover their own backs than protect ours.”
Mohamud Hassan died after he was forcefully arrested at his home in Roath and kept overnight in the cells of Cardiff Bay station, then let out the next day without charge.
He told friends and family that he had been beaten by officers and witnesses report seeing bruising on his body, a fact that was later corroborated by an autopsy conducted by officials and shared with his family. Several cops are under investigation for misconduct, with video footage showing some used excessive force on Mohamud whilst another ignored a seizure he had in the back of the police van.
The protests sprang up in response to perceived lack of accountability that Cardiff cops enjoy, with the police’s refusal to release the body-worn video from that night serving as one of the major demands.
Steven continued: “I’m acutely aware of the police’s reprisal raids, revenge policing, obstructive policing. Arresting people from the protest site and removing them. I follow lots of different areas of activism and it’s a really common tool.”
“They use intelligence and scare tactics, they film people and go to their homes. This has been going on for a long time. It ‘s been used more on people engaging in direct action or sustained protest but clearly from their actions in Bristol [Kill the Bill protests] it’s widespread.”
“It’s had an impact on me and it would have an impact on anyone. Dragged out of your bed, knocked on your door, being told you’ve assaulted or obstructed a police officer. That’s going to turn people off. I could’ve lost my job potentially.”
So far the only people to face any legal action in relation to the death of Mohamud Hassan are those protesting in his name. No action, even of a disciplinary nature at work, has been taken against the officers involved.
More details of the case and the evidence presented by South Wales Police will be published soon exclusively on voice.wales.
2 Comments
Comments are closed.