A former Paralympic athlete given a 12-month jail sentence after supergluing himself to the roof of a British Airways plane at London City Airport in a bid to draw attention to the climate crisis has spoken of his relief after being released on bail pending an appeal ruling.
Extinction Rebellion activist James Brown, 57, of Exeter, Devon, was jailed by a judge at Southwark Crown Court in September after being convicted of causing a public nuisance at an earlier trial.
Lawyers representing Brown, who has been registered blind since birth, on Wednesday challenged his conviction and sentence at a Court of Appeal hearing in London.
They said there had been no reason to charge Brown with causing a public nuisance, questioned the proportionality of the decision to bring the charge, and said he could have been charged with aggravated trespass.
Lawyers representing Brown also told appeal judges that custody was not justified on the facts of the case.
They said the 12-month term was “manifestly disproportionate” and said he was suffering “unique hardship” in prison because of his disability.
Three appeal judges, Lord Burnett – the Lord Chief Justice, Lord Justice Singh and Mr Justice Goss, said they would deliver a ruling on the appeal on a date to be fixed.
But they said Brown, who watched the appeal hearing via a video link from prison, could be released on bail pending the delivery of their ruling.
Judges imposed a bail condition that bars Brown from entering any airport where commercial flights operate.
“I am thrilled, I am relieved, I am excited to be going home,” said Brown, in an interview with the PA news agency from Wandsworth prison, after the appeal hearing.
“And I am tired. It’s been a hard slog.
“I’m looking forward to the ruling with interest.”
He added: “I have not changed my mind about the absolute need to protest. I cannot see what else is going to bring about change.”
Judge Gregory Perrins, who had jailed Brown, said when passing sentence that Brown had “cynically used” his disability and put his “own life at risk” to carry out the stunt at London City Airport on October 10 2019.
The double gold medallist climbed on to the plane, which was destined for Amsterdam, before gluing his right hand to the aircraft and wedging his mobile phone in the door to prevent it from closing.
He livestreamed the protest until he was removed after an hour.
Brown, whose family are from Belfast, represented Great Britain in cycling and athletics before going on to represent Ireland in cross-country skiing.
Southwark Crown Court heard that 337 passengers had their flights cancelled, with the disruption costing the airline around £40,000.
Brown, who represented himself at his trial, denied one count of causing a public nuisance, claiming he had “to do something spectacular” to draw attention to the climate crisis.
But he was found guilty in July after a jury deliberated for less than an hour.
Judge Perrins had told Brown: “It is important that those who are tempted to seriously disrupt the lives of ordinary members of the public in the way that you did and then seek to justify it in the name of protest understand that they will face serious consequences.
“There is a clear dividing line between legitimate protest and deliberate offending, and you knowingly crossed it.”
Brown, speaking from prison, added after the appeal hearing: “Whatever the Appeal Court’s final judgment, to be getting out of here and going home is the best news. Since my conviction, many people have written to say that they have been inspired to step up, take bold action and make a stand.”
Solicitor Raj Chada, who represents Brown and is based at law firm Hodge Jones & Allen, said: “I’m delighted by the result. What happened today is a win for the right to protest and the principle that peaceful protesters should not be sent to prison.”
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