Northumbria Police Court Case Against Rafael Protestor Dismissed
On Friday 25th October, Rachel Baksh arrived at North Shields Magistrates’ Court for her court hearing after being reported by a Northumbria Police Officer for allegedly breaching Section 5 of the Public Order Act (POA).
The charge was brought against her by Officer A.D Scott, who believed abuse was at play in the display of effigies outside Pearson Engineering (an Israeli-owned weapons factory on Scotswood Road) back in March 2024. The police confiscated the effigies during the peaceful protest, which were later issued back to Ms Baksh with receipt of evidence.
Ms Baksh faced charges for “displaying violent imagery to cause alarm, distress and harassment” to the general public, despite no members of the public coming forward with any complaint or any report being submitted.
Protesters gather outside the Pearson Engineering weapons factory on Scotswood Road, Newcastle-Upon-Tyne, on March 16th 2024.
Ms Baksh delivering a speech demanding the factory be shut down.
Protestors appeal to passersby on the busy Scotswood Road.
Ms Baksh was issued with a court summons earlier this year, appearing at the Newcastle Crown Court and Magistrates’ Court on June 5th 2024. Police barred the doors, turning away family and friends who wishes to attend in support of Ms Baksh - despite the court being open to the public. Following further dispute, Ms Baksh’s husband, who is a practised barrister, was escorted into the courtroom with a permanent police presence by his side. Protesters gathered outside the quayside location holding placards, flags and props in support of Ms Baksh. One of the charges was dropped with the initial summons, with the tribunal for charges against Section 5 of the POA to be scheduled for the autumn.
If prosecuted, Ms Baksh could face a fine of up to £1,000 and would carry a criminal conviction.
Protestors turn up to support Ms Baksh outside the Newcastle Crown Court and Magistrates’ Court on June 5th 2024.
Ms Baksh leaving the initial summons with her solicitor.
On the day of the court hearing, Ms Baksh arrived with a small group of close friends, and her husband, at the North Shields location on October 25th. They were met with further police presence. The police barred the doors once again, and confiscated both Ms Baksh’s phone, as well as her husbands with no further explanation. Initially, the police refused to admit her husband but relented and admitted them both.
The hearing was continuously delayed throughout the morning over disputes of the case being dismissed due to a lack of any evidence.
At 2pm, Ms Baksh and her husband were admitted to the hearing, with Officer A.D Scott being the only witness for the case. The evidence provided showed Ms Baksh being approached by Police Liaisons and Officer A.D Scott. The audio playback from the bodycam footage picked up chanting from the protestors and beeps of the horns from drivers passing by. The officer confirmed no member of the public, no worker, no driver nor onlooker reported a complaint about Ms Baksh’s behaviour.
The officer claimed to use his own judgement to determine Ms Baksh had crossed a line in regards to practicing her freedom of expression, specifically Section 10 of the Human Rights Act (HRA), and the Public Order Act (which was updated in 2023 to give the Police more power to restrict and criminalise protest activity).
Ms Baksh was witnessed to be complaint with the police on the day, with the officer noting she was non-violent and showed no aggression towards them. No arrests were made on the day.
At approximately 4pm on Friday 25th October 2024 - after a 90-minute hearing where lack of evidence was blatant - the case was confirmed to be dismissed by the court, with the defendants actions being seen as not abusive.
Ms Baksh outside the North Shields Magistrates’ Court after her court case was officially dismissed by a judges panel.
Questions have been raised by protestors during the court proceedings, noting that Ms Baksh was not the only person holding effigies during the protest on March 16th 2024. Over the last twelve months, effigies, shirts, shoes and dolls covered in fake blood have often been used by many protestors to represent civilian lives lost in Gaza. The police treatment of Ms Baksh, as well as those who have been present to support her, has been heavily criticised, with questions about whether she was specifically targeted by the police for her involvement in the Shut Down Rafael movement, and with North East Against Racism who have been organising protests since 2020 in the wake of the murder of George Floyd.