Three union reps were found not guilty of obstructing a public highway during a bin strike after the Crown Prosecution Service (CPS) offered no evidence.
The three men blocked bin lorries from leaving a depot but were on private property at the time, a court heard this morning (Friday 24 March), so no public highway was obstructed.
Supporters took part in a bin lorry drive-by and a demonstration outside Brighton Magistrates’ Court before the trio – dubbed the GMB Three by their union – appeared before the bench.
They had always denied being on public land when they blocked bin lorries in Hailsham during a strike by bin workers in May last year.
Gary Palmer, 62, of Collingwood Court, The Strand, Brighton Marina, Declan Macintyre, 56, of Wiston Way, Brighton, and Carl Turner, 64, of St David’s Avenue, Bexhill, were formally cleared by District Judge Amanda Kelly.
Outside court, Mr Palmer said that the case against them was an “awful waste of public money”.
He said: “Clearly, the prosecution hadn’t looked at the evidence they were going to use against us. It’s ludicrous.
“It shows a wilful want to go ahead to try to prosecute without actually thinking about it and I think that was an anti-trade union action.
“No one had the common sense to say, ‘No this shouldn’t be going forward.’
“Ten months and an awful waste of public money.”
In June last year, Palmer, from Brighton, and Macintyre, from Hove, and Carl Turner, from Bexhill, were charged with wilful obstruction of the highway at the Amberstone Road depot, in Hailsham, on Friday 27 May.
GMB members were striking as part of a pay dispute with Biffa, which runs waste services for Wealden District Council.
Mr Palmer said outside court that the GMB had issued notice today at 10am to the same depot that members would take strike action over bullying and harassment as a result of the earlier strikes.
He said that the court’s decision gave “clarity” for future action on behalf of GMB members.
Tim Concannon, prosecuting, said that there were videos of the incident which showed “with all possible clarity” that the three defendants were standing in front of the gateway and were therefore on private property, not a public highway.
Austin Stoton, defending, told the court: “This case was full of holes and I am very grateful that these three gentlemen of great character can put this behind them.”
Each of the three defendants was awarded £20 in travel costs.
GMB branch secretary Mark Turner said: “The continuation of the case against the GMB Three is frankly a waste of public money.
“All those who believe in human rights, the right to freedom of assembly and protest should be watching this case closely.
“It is a blatant attempt by employers and the state to remove the rights of those who wish to protest.
“The ‘GMB Three’ robustly deny the allegations against them.
“The way to resolve industrial disputes is for employers to take their employees’ concerns seriously and negotiate meaningfully with the GMB.
“Heavy-handed tactics to use the law to stifle this sort of peaceful protest resolves nothing.”
