Colston Four trial

Last updated

Colston Four trial
Court Bristol Crown Court, Bristol
Full case name R v Rhian Graham, Milo Ponsford, Jake Skuse and Sage Willoughby
Verdict Not guilty
ChargeCriminal damage

R v Rhian Graham, Milo Ponsford, Jake Skuse and Sage Willoughby, known as the Colston four, was a British court case surrounding the toppling of the statue of Edward Colston, involving four defendants accused of criminal damage in relation to the removal and dumping in the harbour of the controversial statue in Bristol in 2020 during a protest.

Contents

The four defendants were acquitted by jury after a trial.

Events

Map of statue's original location and place at which it was pushed into the harbour Edward Colston statue location map.svg
Map of statue's original location and place at which it was pushed into the harbour

On 7 June 2020, during the global protests following the murder of George Floyd in the United States, [1] the statue of slave trader Edward Colston was pulled down by demonstrators who then jumped on it. [2] They daubed it in red and blue paint, and one protester placed his knee on the statue's neck to allude to Floyd's murder by a white policeman who knelt on Floyd's neck for over nine minutes. [1] [3] The statue was then rolled down Anchor Road and pushed into Bristol Harbour. [2] [4] [5]

Superintendent Andy Bennett of Avon and Somerset Police stated that they had made a "tactical decision" not to intervene and had allowed the statue to be toppled, citing a concern that stopping the act could have led to further violence and a riot. [2] [6] They also stated that the act was criminal damage and confirmed that there would be an investigation to identify those involved, adding that they were in the process of collating footage of the incident. [7] [8]

The Home Secretary, Priti Patel, called the toppling "utterly disgraceful", "completely unacceptable" and "sheer vandalism". She added, "it speaks to the acts of public disorder that have become a distraction from the cause people are protesting about." [9] [10] The Mayor of Bristol, Marvin Rees, said those comments showed an "absolute lack of understanding". [11]

The empty pedestal, showing placards and graffiti Edward Colston - empty pedestal.jpg
The empty pedestal, showing placards and graffiti

At 5 am on 11 June 2020, the statue was retrieved from Bristol Harbour by Bristol City Council. [12] The statue was found filled with mud and sediments from the harbour floor. The council said the statue was structurally stable, although it had lost one of its coattails, the walking stick, and faced damage to its left side and to the foot. [13] They stated they had cleaned the statue to prevent corrosion, and that they planned to exhibit it in a museum without removing the graffiti and ropes placed on it by the protesters. [12] [14]

Police investigation

The day after the toppling, the police announced that they identified 17 people in connection with the incident, but had not yet made any arrests. [15] On 22 June 2020 the police released images of people connected to the incident, and asked the public for help identifying the individuals. [16] On 1 July, an unnamed 24-year-old man was arrested on suspicion of criminal damage to the statue [17] and was bailed under police investigation. [18] In September 2020, Avon and Somerset Police said that files on four people suspected of criminal damage had been passed to the Crown Prosecution Service to decide if charges should be brought. A further five people had been offered restorative justice, such as a fine and community service. [19] By 1 October 2020, a total of six people had accepted conditional cautions relating to the events of 7 June. [18]

Criminal charges and trial

On 9 December 2020, four people—Rhian Graham, Milo Ponsford, Jake Skuse and Sage Willoughby, often referred to as the "Colston 4" [20] —were charged with causing criminal damage in relation to the toppling of the statue. [21] They appeared at Bristol Magistrates' Court on 2 March 2021 and entered a plea of not guilty. [22] Their trial began at Bristol Crown Court on 13 December 2021. [23] Before the trial, the graffiti artist Banksy produced a T-shirt to be sold to support the accused. [24]

The four did not deny that they toppled the statue, but advanced several defences that doing so was not an act of criminal damage within the meaning of the law. One defence was that the statue had not in fact been damaged—indeed that it had been made more valuable by the process of toppling, removal from the harbour, and display in the museum. A second was that the removal of the statue helped to prevent another crime, because the display of the statue itself was a criminal act of displaying indecent or abusive material, saying Colston's "continued veneration (...) in a vibrant multicultural city was an act of abuse". [25] Two defendants also argued that they believed the statue was collectively owned by the people of Bristol, who in the circumstances would agree with the act of toppling it. In fact the statue was owned by Bristol City Council, but even a mistaken belief about the owner and the owners' intentions would have been grounds for acquittal, if the jury felt that belief was sincerely held. The judge also advised the jury that even if not convinced by any of these arguments, the jury could still acquit on the basis that a conviction for criminal damage would, in the circumstances, represent a disproportionate interference with the defendants' right of freedom of expression. The jury would have to weigh the importance of property-owners rights not to have property (e.g. statues) damaged, with the right to freedom of expression. [26]

On 5 January 2022, the jury found the four defendants not guilty of criminal damage [25] by a majority of 11 to 1 after deliberating for three hours. [27] Because juries never provide any rationale or documentation for their verdict, it is unclear which of the defence arguments they found persuasive. [26] While stating that "trial by jury is an important guardian of liberty and must not be undermined", Suella Braverman, the attorney general, said she would "carefully consider" whether to refer the case to the Court of Appeal as the result was "causing confusion". [28] Braverman's statement was alleged by former Director of Public Prosecutions, Ken Macdonald, and shadow attorney general, Emily Thornberry, to be politically motivated. [29] However the case was duly referred, and the Court of Appeal agreed with the attorney general, finding that:

The circumstances in which the statue was damaged did not involve peaceful protest. The toppling of the statute was violent. Moreover, the damage to the statue was significant. On both these bases we conclude that the prosecution was correct in its submission at the abuse hearing that the conduct in question fell outside the protection of the Convention. The proportionality of the conviction could not arise for consideration by the jury. [30]

See also

Related Research Articles

<span class="mw-page-title-main">Society of Merchant Venturers</span> Charitable organisation in Bristol, UK

The Society of Merchant Venturers is a charitable organisation in the English city of Bristol.

<span class="mw-page-title-main">Edward Colston</span> English merchant, politician, philanthropist and slave trader (1636–1721)

Edward Colston was an English merchant, slave trader, philanthropist, and Tory Member of Parliament.

A Colston bun is a sweet bun made of a yeast dough flavoured with dried fruit such as currants, candied peel, and sweet spices. It is made in the city of Bristol, England, and named after Edward Colston, a local merchant and MP, who created the original recipe. There are two size categories: "dinner plate", with eight wedge marks on the surface, and "ha'penny staver", an individual-sized bun.

<span class="mw-page-title-main">Bristol Crown Court</span> Judicial building in Bristol, England

The Bristol Crown Court is a Crown Court venue which deals with criminal cases at Small Street in Bristol, England. The building, which was completed in 1868, was previously used as a main post office before it was converted for judicial use in the early 1990s.

<span class="mw-page-title-main">Pero's Bridge</span> Bridge in Bristol, England

Pero's Bridge is a pedestrian bascule bridge that spans St Augustine's Reach in Bristol Harbour, Bristol, England. It links Queen Square and Millennium Square.

<span class="mw-page-title-main">Montpelier High School, Bristol</span> Academy in Bristol, England

Montpelier High School is a girls secondary Academy, located in the Montpelier area of Bristol, England. The school building was designed by William Venn Gough and dates from 1891. It uses a polychrome mix of various Northern Renaissance styles, built in red Cattybrook brick with yellow brick and buff terracotta dressings, and has been designated by English Heritage as a grade II listed building.

<span class="mw-page-title-main">John Cassidy (artist)</span> Irish artist and sculptor

John Cassidy was an Irish sculptor and painter who worked in Manchester, England, and created many public sculptures.

<span class="mw-page-title-main">Bristol Beacon</span> Concert hall in Bristol, England

Bristol Beacon, previously Colston Hall, is a concert hall and Grade II listed building on Colston Street, Bristol, England. It is owned by Bristol City Council. Since 2011, it has been managed by Bristol Music Trust.

<span class="mw-page-title-main">Beacon Tower</span> Office building in Bristol, UK

Beacon Tower, formerly Colston Tower, is a high-rise building located on Colston Avenue, in the centre of Bristol, England. The building was designed in 1961, but not completed until 1973. It rises 63 metres (207 ft) and has 15 floors of offices. The building had been named after the Bristol-born slave trader, philanthropist and Member of Parliament Edward Colston.

<span class="mw-page-title-main">M Shed</span> Museum in Bristol, England

M Shed is a museum in Bristol, England, located on Prince's Wharf beside the Floating Harbour in a dockside transit shed formerly occupied by Bristol Industrial Museum. The museum's name is derived from the way that the port identified each of its sheds. M Shed is home to displays of 3,000 artefacts and stories, showing Bristol's role in the slave trade and items on transport, people, and the arts. Admission is free.

<span class="mw-page-title-main">Marvin Rees</span> Mayor of Bristol

Marvin Rees is a British Labour Party politician who served as the second and final Mayor of Bristol from 2016 to 2024.

<span class="mw-page-title-main">Statue of Robert Clayton</span> Sculpture by Grinling Gibbons

The statue of Robert Clayton stands at the entrance to the North Wing of St Thomas' Hospital, Lambeth, London. The sculptor was Grinling Gibbons, and the statue was executed around 1700–1714. Sir Robert was a banker, politician and Lord Mayor of London. As President of St Thomas', he was responsible for the complete rebuilding of the hospital, and associated church in the late 17th century. The statue was designated a Grade I listed structure in 1979.

<span class="mw-page-title-main">George Floyd protests in the United Kingdom</span> 2020 anti-racism protests in the UK

Protests were held across the United Kingdom following the murder of George Floyd, a 46-year-old African-American man, by a police officer in the United States on 25 May 2020. Immediately following his murder, protests and riots occurred in dozens of cities across the United States. Protests were staged internationally for the first time on 28 May, with a solidarity demonstration outside the United States Embassy in London. They took place during the UK COVID-19 pandemic.

<span class="mw-page-title-main">Statue of Edward Colston</span> Statue in Bristol, England, toppled 2020

The statue of Edward Colston is a bronze statue of Bristol-born merchant and trans-Atlantic slave trader Edward Colston (1636–1721). It was created in 1895 by the Irish sculptor John Cassidy and was formerly situated on a plinth of Portland stone in a public space known as The Centre in Bristol, until it was toppled by anti-racism protestors in 2020.

<span class="mw-page-title-main">Actions against memorials in the United Kingdom during the George Floyd protests</span> Protest-related actions

A number of statues and memorials were the subject of protests and petitions during the George Floyd protests in the United Kingdom in 2020.

<i>A Surge of Power (Jen Reid) 2020</i> Statue in Bristol, UK

A Surge of Power 2020 is a 2020 black resin sculpture, sculpted by Marc Quinn and modelled on Jen Reid; both Quinn and Reid are credited as artists. It depicts Reid, a black female protester, raising her arm in a Black Power salute. It was erected surreptitiously in the city centre of Bristol, England, in the early morning of 15 July 2020. It was placed on the empty plinth from which a 19th-century statue of Edward Colston, who had been involved in the Atlantic slave trade, had been toppled, defaced and pushed into the city's harbour by George Floyd protesters the previous month. The statue was removed by Bristol City Council the day after it was installed.

Jen Reid is a British Black Lives Matter activist from Bristol. After the statue of Edward Colston was pushed into Bristol Harbour, Reid stood on the empty plinth and made a Black Power salute. This pose was then recreated in the sculpture A Surge of Power 2020.

Ros Martin is a British playwright, poet, performance artist, curator and activist, born in London and based in Bristol since 1995. She is a founder member of the Bristol Black Women's Writers Group (2002–2005) and "Our Stories Make Waves" (OSMW) and Speakeasy South West, the latter two both associations of African diaspora artists in creativity. She was a member of the Bristol Black Writers Group.

References

  1. 1 2 "Protesters in England topple statue of slave trader Edward Colston into harbor". CBS News. 7 June 2020. Archived from the original on 8 June 2020. Retrieved 8 June 2020.
  2. 1 2 3 Siddique, Haroon (7 June 2020). "BLM protesters topple statue of Bristol slave trader Edward Colston". The Guardian. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  3. ↑ Zaks, Dmitry (8 June 2020). "UK slave trader's statue toppled in anti-racism protests". The Jakarta Post. Agence France-Presse. Archived from the original on 8 June 2020. Retrieved 8 June 2020.
  4. ↑ "George Floyd death: Protesters tear down slave trader statue". BBC News. 7 June 2020. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  5. ↑ Sullivan, Rory (7 June 2020). "Black Lives Matter protesters pull down statue of 17th century UK slave trader". The Independent. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  6. ↑ Evans, Martin (8 June 2020). "Intervening to prevent toppling of Colston statue could have sparked a riot, says Chief Constable". The Telegraph. ISSN   0307-1235. Archived from the original on 8 June 2020. Retrieved 8 June 2020.
  7. ↑ Avon and Somerset Police [@ASPolice] (7 June 2020). "Statement from Bristol Area Commander Superintendent Andy Bennett following Black Lives Matter demonstration in Bristol" (Tweet). Archived from the original on 7 June 2020. Retrieved 7 June 2020– via Twitter. [self-published]
  8. ↑ Max Foster; Nada Bashir; Rob Picheta; Susannah Cullinane. "UK protesters topple slave trader statue". CNN. Archived from the original on 8 June 2020. Retrieved 8 June 2020.
  9. ↑ "Priti Patel: Toppling Edward Colston statue 'utterly disgraceful'". Sky News. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  10. ↑ "Black Lives Matter protesters in Bristol pull down and throw statue of 17th-century slave trader into river". The Independent. 7 June 2020. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  11. ↑ "Edward Colston: Bristol slave trader statue 'was an affront'". BBC News. 8 June 2020. Archived from the original on 9 June 2020. Retrieved 9 June 2020.
  12. 1 2 "Edward Colston statue pulled out of Bristol Harbour". BBC News. 11 June 2020. Archived from the original on 11 June 2020. Retrieved 11 June 2020.
  13. ↑ "Restoring Colston's statue – graffiti, bike tyre and all". Bristol 24/7. 17 June 2020. Archived from the original on 28 October 2020. Retrieved 22 October 2020.
  14. ↑ "Images released as part of Colston statue investigation". Avon and Somerset Police. 2 June 2020. Archived from the original on 23 June 2020. Retrieved 22 June 2020.
  15. ↑ "Johnson urges peaceful struggle against racism". BBC News. 8 June 2020. Archived from the original on 8 June 2020. Retrieved 8 June 2020.
  16. ↑ "Appeal to identify Colston statue protesters". BBC News. 2 June 2020. Archived from the original on 22 June 2020. Retrieved 22 June 2020.
  17. ↑ "Edward Colston statue: Man held over criminal damage". BBC News. 1 July 2020. Archived from the original on 1 July 2020. Retrieved 1 July 2020.
  18. 1 2 "Edward Colston statue: Six accept conditional cautions". BBC News Online. 2 October 2020. Archived from the original on 17 January 2021. Retrieved 16 March 2021.
  19. ↑ "Edward Colston statue: Cases sent to Crown Prosecution Service". BBC News. 18 September 2020. Archived from the original on 2 October 2020. Retrieved 23 September 2020.
  20. ↑ Bennett, Geoffrey; Cork, Tristan (December 2021). "Colston 4 trial updates - Bristol Crown Court". BristolLive. Updated several times a day during the trial.
  21. ↑ Jessica Murray (9 December 2020). "Four charged over damage to Colston statue in Bristol". The Guardian. Archived from the original on 9 December 2020.
  22. ↑ "Edward Colston: Four deny damage to Bristol statue". BBC News Online. 2 March 2021. Archived from the original on 16 March 2021.
  23. ↑ Damien Gayle (13 December 2021). "Accused said Colston statue was 'an abhorrent offence' to Bristol, trial hears". The Guardian.
  24. ↑ "Banksy designs T-shirts to raise funds for 'Colston Four' accused of Bristol statue damage". The Guardian. 11 December 2021.
  25. 1 2 "BLM protesters cleared over toppling of Edward Colston statue". The Guardian . 5 January 2022. Retrieved 5 January 2022.
  26. 1 2 The Secret Barrister. "The Secret Barrister: why did the jury find the Colston Four not guilty?". ISSN   0140-0460 . Retrieved 9 January 2022.
  27. ↑ "Colston Four cleared of criminal damage". Apollo Magazine. 6 January 2022. Retrieved 6 January 2022.
  28. ↑ Booth, Martin (7 January 2022). "Colston 4 Case could be Sent to Appeal Court". B24/7. Retrieved 8 January 2022.
  29. ↑ "Suella Braverman accused of politically driven meddling over Colston Four". The Guardian. 7 January 2022. Retrieved 7 January 2022.
  30. ↑ "Attorney-General's Reference no. 1 of 2022 [2022] EWCA Crim 1259" (PDF). Royal Courts of Justice. Retrieved 13 February 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.