The first group of defendants underwent not one, but two trials. At their first, they faced several charges, the gravest being aggravated burglary. Their leading counsel, Rajiv Menon KC, took to the floor to remind the jury of their historical right to acquit, and invited them to weigh the use to which the drones were being put. The judge, Mr Justice Johnson, referred Menon to the high court to be tried for the crime of contempt of court for breaching his order not to mention the jury’s right to acquit. The jury, however, went on to acquit the defendants of aggravated burglary. But they could not come to a majority decision on any of the remaining charges.
The prosecution decided that the defendants must face a retrial. This proceeded with the same Mr Justice Johnson presiding on the charges the first jury could not resolve: criminal damage, an offence ordinarily met with a fine or a sentence of 18 months or so. At this point, the four had already spent more than 18 months in pretrial detention. The second jury convicted the Elbit four of criminal damage.
One defendant was also convicted of grievous bodily harm without intent, having injured a female police officer with a sledgehammer. He said, and the jury must have accepted that, disoriented by the Pava pepper spray the officer had just deployed, he had swung the hammer to shield a co-defendant, accidentally hitting the police officer. His sentence nonetheless was seven years and eight months.
How does damaging property earn nearly eight years? At a secret hearing during the first trial, Mr Justice Johnson had ruled that the protest carried a “terrorist connection”. This was unprecedented in the history of direct action trials. His reasoning was that the defendants’ purpose was to “influence” the British government – which is the purpose of almost every political protest ever mounted. The judge’s ruling was kept secret from both the jury and the public, and the UK press was barred from reporting on it.