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Sheffield councillor cleared of breaching tree-felling order Sheffield councillor cleared of breaching tree-felling order
(about 2 hours later)
A Green party councillor has been found not guilty of breaching a court order while trying to stop trees being felled in Sheffield.A Green party councillor has been found not guilty of breaching a court order while trying to stop trees being felled in Sheffield.
Alison Teal, the councillor for Nether Edge and Sharrow, could have faced up to two years in jail for allegedly ignoring an injunction brought by Sheffield city council over its controversial programme that has resulted in about 5,500 mature trees chopped down. Alison Teal, the councillor for Nether Edge and Sharrow, could have faced up to two years in jail for allegedly ignoring an injunction brought by Sheffield city council over its controversial programme, which has resulted in about 5,500 mature trees being chopped down.
But a high court judge decided instead she had not breached the order, brought by the council in August against her and eight other named individuals. But a high court judge decided she had not breached the order, brought by the council in August against her and eight other named individuals.
Mr Justice Stephen Males said he could not be certain on the evidence presented that Teal had entered a so-called “safety zone” erected around trees when they are due to be felled. Afterwards, Teal accused Sheffield council of behaving like bullies. She castigated the authority for using public money to try to put her in prison, saying their pursuit of her for peaceful protest was “frightening for democracy”.
About 500 more trees are earmarked for the chop as part of the council’s six-year programme, many on the city’s leafiest and wealthiest streets. Mr Justice Stephen Males said he could not be certain on the evidence presented that Teal had entered a so-called safety zone erected around trees when they were due to be felled.
They have been the subject of an increasingly bitter war between the Labour-run council and local residents, who dispute the council’s claim that the trees are a hazard for pedestrians and cyclists. There is also strong disagreement over whether the trees, many of them well over 100 years old, are still in good health.The council, along with Amey, the outsourcing company contracted to carry out the tree felling, has been heavily criticised for trying to criminalise protesters and for heavy-handed tactics. About 500 more trees are earmarked for removal as part of the council’s six-year programme, many on the city’s leafiest and wealthiest streets.
Last year Nick Clegg, then the MP for Sheffield Hallam, described scenes like “something you’d expect to see in Putin’s Russia rather than a Sheffield suburb”. They have been the subject of an increasingly bitter war between the Labour-run council and residents, who dispute the council’s claim that the trees are a hazard for pedestrians and cyclists. There is also strong disagreement over whether the trees, many of them well over 100 years old, are still in good health.
Council contractors and police had descended on a particularly desirable street in his constituency under the cover of darkness, “dragged” people out of bed to move their cars and detained peaceful protesters – “all to chop down eight trees”.The judge, sitting at Sheffield combined court on Friday, has yet to decide whether another Sheffield resident breached the injunction. Calvin Payne stands accused of not only entering into a “safety zone” but also inciting others to break the injunction. The council, along with Amey, the outsourcing company given a £2.2bn PFI deal to carry out the tree felling, has been heavily criticised for trying to criminalise protesters and for heavy-handed tactics.
Lawyers acting for the council told Males he had posted a message on Facebook earlier this month which read: “What I would really like is for as many people as possible to break the injunction on Monday morning.” Nick Clegg, then the MP for Sheffield Hallam, last year described scenes like “something you’d expect to see in Putin’s Russia rather than a Sheffield suburb”. Council contractors and police had descended on a particularly desirable street in his constituency under the cover of darkness, “dragged” people out of bed to move their cars and detained peaceful protesters – “all to chop down eight trees”, said Clegg.
In another post, he wrote: “All trees are still there. It has taken methods that may be illegal, but there are bigger principles than upholding the law in play by now.” The judge, sitting at Sheffield combined court on Friday, found that another protester, Calvin Payne, was in contempt of court after posting a message on Facebook inciting others to break the injunction.
When another supporter said they hoped no one would be prosecuted, Payne wrote: “That’s risk we’ll have to take. I no longer care. I’d rather do what’s right than be what the powers that be see as well behaved and respectable.” The history writer’s message posted earlier this month read: “What I would really like is for as many people as possible to break the injunction on Monday morning.”
More than 100 people gathered outside court on Friday to show solidarity with Teal and Payne, including the former Green party leader Natalie Bennett and the Green peer Jenny Jones. The court heard that Payne had posted again to say: “All trees are still there. It has taken methods that may be illegal, but there are bigger principles than upholding the law in play by now.”
The judge will decide next week how to punish Payne and will rule on whether he broke the injunction by entering one of the safety zones. Payne could face a two-year jail term but is likely to be offered the chance to “purge” his contempt, avoiding a criminal record by apologising and promising not to break the injunction again.
Speaking outside court, Payne was unrepentent. “The Facebook post is there. I don’t regret it, it reflects my genuine feelings,” he said. “I believe we are in a pretty sorry state of affairs when preventing the destruction of trees on our streets is against the law, but the destruction itself isn’t.”
More than 100 people gathered outside court on Friday to show solidarity with Teal and Payne, including the former Green party leader Natalie Bennett and the Green peer Jenny Jones. There were loud cheers from the public gallery at the end of the hearing.
Sheffield council has yet to reveal how much public money it has spent pursuing the tree protesters through the courts. It was represented at Friday’s hearing by two barristers, including the QC David Forsdick.Sheffield council has yet to reveal how much public money it has spent pursuing the tree protesters through the courts. It was represented at Friday’s hearing by two barristers, including the QC David Forsdick.
Teal’s barrister, Catherine Casserley, said she would be applying to the court for the council to pay her legal costs. Teal’s barrister, Catherine Casserley, said she would be applying to the court for the council to pay her legal costs, estimated at about £15,000.
The case continues. Teal said she was “very relieved” to have the case against her dropped and criticised the council for pursuing her through the courts, using public money that would be better spent developing a “proper tree strategy”.
She said: “It’s just absolutely disgraceful, absolutely incredible that they would to this. I did feel it was a politically motivated decision that they made to pursue me.
“It’s really frightening for democracy. They don’t seem to appreciate the importance of having an opposition and how that does help a democracy from functioning properly … I’ll be frank, they have behaved like bullies.”
Paul Billington, the council’s director of culture and environment, avoided journalists outside court but read a short statement inside the building welcoming the judge’s ruling on Payne. “We hope that the judge’s clear finding that Mr Payne was in contempt of court will send a clear message to anyone else avoiding justice,” he said. “We will ensure that anyone in breach of the injunction is brought to justice.”