Barristers from 15 New Bridge Street defend controversial war protesters

Five members of Chambers: Neil Mercer, Kyri Argyropoulos, Archangelo Power, Sonal Dashani and Mathew Turner, represented six out of seven Muslim defendants at their trial on charges of public order offences arising out of a protest against the involvement of British soldiers in the conflicts in Afghanistan and Iraq.

The protest had been held to coincide with a parade for soldiers of the 2nd Battalion Royal Anglian Regiment that took place in Luton town centre in March 2009. This protest sparked a hostile reaction from some members of the public present, with widespread condemnation in the media of what was said.

The defendants had been charged with using threatening, insulting or abusive language likely to cause harassment, alarm or distress, including the phrases "British Soldiers Murderers" and "British Soldiers go to Hell".

It was contended on behalf of the defendants that this was a legitimate protest on a matter of important public debate, conducted with the knowledge of the police, and that the defendants were entitled to exercise their fundamental right to freedom of expression. In complex legal submissions it was forcefully argued that Article 10 of the European Convention on Human Rights1 protected the right of the defendants to say what they had, and that the criminal prosecution was not justified as a proportionate interference with that right.

The judge found that what had been said went beyond legitimate protest and convicted five of the defendants. Sonal Dashani secured one of two acquittals.