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Retired social worker faces new jail threat over climate activism

Solicitor general appeals against High Court decision not to prosecute Trudi Warner

The government is appealing against a judge’s decision not to take legal action against a retired social worker over her climate activism.

Trudi Warner faces up to two years in jail for holding a placard outside courts informing jurors they had a right to acquit climate activists for public order offences based on their conscience.

The solicitor general, who advises the government on law, claims the 69-year-old was in contempt of court.

However, Warner claimed she was merely upholding a centuries-old principle of ‘jury equity’ enshrined in English law.

In a High Court ruling last month, Mr Justice Saini dismissed the case against Warner, and described it as “fanciful”.

He ruled there was a difference between encouraging people to a verdict and sharing information to inform people of their rights.

However, lawyers acting for the solicitor general have now told Warner the decision is to be challenged.

A spokesperson for the solicitor general's office said: “The High Court’s judgment in this case has raised important questions about protecting jurors from interference, which is why the solicitor general is seeking permission to appeal. Contempt of court is a serious matter and the power to issue proceedings is used sparingly.”

But Warner criticised the government for wasting public money pursuing the case.

She said: “It was a very clear judgement from the High Court which described the government’s case against me for contempt of court as ‘fanciful’. Justice Saini said that I was merely informing jurors of their legal right to acquit according to their conscience, a right enshrined in law since 1670. Despite that, at considerable public expense, the government is appealing.”

Warner maintains climate activism is in line with social work’s values, adding: “Social workers have a responsibility to challenge injustice and the capacity to think systemically about complex issues. 

“We are currently seeing the courts complicit in injustice themselves, by refusing to allow protesters to explain their motives to juries, thereby denying them a fair trial.

“The climate crisis in itself is a grave injustice but now the people trying to draw attention to this are being silenced by the judiciary and even criminalised. Clearly law is not on the side of justice and our democratic rights are being systematically undermined.”

Warner urged other social workers to join the Defend our Juries campaign.  

The right to acquit based on conscious is being evoked to prevent climate protesters from being prosecuted over public order offences such as blocking traffic.

Climate activists for Just Stop Oil have brought roads to a standstill in major cities and on motorways. 

They maintain such direct non-violent action is the only way to draw public attention to the urgent need to tackle catastrophic damage caused by climate change. 

Date published
29 May 2024

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