I feel like there is a lot of confusion over the decision to seek re-trial in the Filton case. A number of different charges were tried together: Aggravated Burglary, Violent Disorder, GBH with intent, and Criminal Damage. Only one defendants was charged with GBH.
It is normal to try multiple defendants together on multiple charges. The test is: do the charges arise from the same incident or form a course of conduct? You might still split the indictment if some of the charges would cause prejudice or embarrassment. The default is to join the charges. The jury are then asked to come to separate verdicts against each of the defendants on each of the charges. Essentially you hold separate trials but at the same time because it is convenient and less stressful for victims and witnesses. It also reduces the chances of inconsistent verdicts.
Everybody was acquitted of Aggravated Burglary and three of the six were acquitted of Violent Disorder. There is no retrial of those charges. The acquittal is absolute. Yay
I can't say that I am surprised about the aggravated burglary acquittals. It was an ambitious charge. The prosecution would have had to show that the activists entered with the intention of using their hammers against people. Given that to the jury they are going to seem like brave, moral citizens committed to preventing genocide, it is hard to see how the prosecution could ever make a jury sure of that charge.
Without seeing the evidence the violent disorder acquittals are more surprising, but they would have argued that any violence that would have put a reasonable person of firm disposition in fear of her safety (the test) was done in self defense. That seems like it might be a plausible account of what went down.
The jury couldn't reach a verdict with respect to three of the violent disorder charges or the criminal damage or the one charge of GBH. The CPS will retry those charges. This is normal. Generally where the jury can't reach a verdict, the Crown has another go. The trial will only be of the GBH, violent disorder against three of the six and criminal damage. If the jury cannot come to a verdict again, normally the state gives up and does not seek a retrial.
There was no defense to the criminal damage charges, so the jury has been perverse there. Go jury.
The TL;DR is that the jury was not obviously perverse on the majority of the charges. The acquittals are absolute. The state is not being malicious in seeking a retrial. The state should stop selling weapons to Israel. The state is evil but the prosecution decisions are normal.
#Filton24, #PalestineAction, #LawFedi, #JuryTrial