Comfortably installed in the armchair of his office, the old judge begins to reread a book about the Pendle Witches case of 1612. He is always moved when he does so, because that tragic case brought about a true revolution in the techniques of collecting and appreciating evidence in criminal cases. Everyone knows that the Pendle Witches case marks a watershed in English criminal proceedings and no English judge can fail to study it carefully.
He was concentrating on reading when his cell phone alarm started beeping, warning him that he had one hour left to go to the courtroom. A new important case would have to be instructed and judged. First the judge went to the bathroom to relieve his bladder and bowel. Then he washed his hands and face.
Back in the office, the judge put on his robe and wig and went to look in the mirror and begin to embody his character. But the reflected image of the books on the shelf distracted him. He was very proud of his library and didn't hide it from anyone, not even himself. After fixing his wig and combing his eyebrows, the judge sat back down in his chair and read the book about the Pendle Witches case again. When the assistant knocked on the door he took a glass of port wine, got up and went to the courtroom.
- What do we have for today?
- Case 9876543210.2024, the English Crown against.... crime of trespass aggravated by partial destruction of property. This hearing is the continuation of the one in which the evidence offered by the prosecution was presented.
The jurors were selected and took the customary oath. The judge addressed the jurors firmly, demanding that they fulfill their obligation honorably. Then he gave the floor to the prosecutor.
- The prosecution has already finished its work on the case, Your Excellency, and has nothing more to prove here. Therefore, I will only request the conviction of the defendants based on the evidence that was presented and ask your excellency not to admit any evidence based on science or on the belief that the defendants had that they should participate in the demonstration against genocide on the day of the facts.
- What do the accused have to say about the facts presented to the Court and in their own defense? - asked the judge.
The lawyer stood up and said that he intended to prove that the accused had no unjust intention to commit any crime and felt compelled to participate in that demonstration because they were convinced that climate change will cause genocide if nothing is done by the political authorities. He also said that he intended to present irrefutable scientific evidence that climate change is a fact and that the consequences of this phenomenon will be catastrophic, with the destruction of property and the loss of lives on a scale comparable to that of a Nuclear War.
- And finally, I also want to hear witnesses to prove the good and generous character of my clients, whose actions were not caused by malice or the intention to commit the crime of trespass aggravated by partial destruction of property. Nothing would have happened if the police had not repressed the demonstration with excessive violence, your honor.
- I know, I know... but you can't do that. The defense cannot present this evidence and it is irrelevant to the case. And you know this well, lawyer. Don't insist, otherwise I would have to consider it a slight against my Court. Does the defense have anything else to say?
- The defense protests and invokes the right to prove that the defendants' conduct was lawful. Your Excellency cannot revoke "due process of law" and the right of the accused to offer evidence in their defense by threatening the defendants' lawyer.
- I know, I know... you can very possibly say that, but the case is closed and we will immediately proceed to trial.
And turning to the jury, the judge said:
- Everything you heard today about science and the sensitivity of the accused regarding the alleged genocide are irrelevant things and cannot be taken into consideration during the trial. Only the evidence presented by the prosecution can be considered in the trial of this case. The prosecution witnesses placed the defendants at the scene of the crime, the evidence of aggravated trespass by destruction of property was presented by the prosecutor in an indisputable manner. Your mission is to judge based on the evidence and not your personal preferences.
- I protest, Your Excellency. - shouted the lawyer, showing extreme irritation, adding. After suppressing the defendants' right to defense, you are practically forcing the jurors to accept the prosecution's thesis. This is a very inappropriate witch hunt that can very well be compared to the Pendle Witches case.
- Don't talk to me about this historic case, lawyer. I am an expert on it and no one better than me is now in a position to say here what is or is not lawful. Remove him from the room.
At this point, the jurors stood up and pointed at the old judge. Our verdict in the case of the defendants has already been made: they are innocent. But our verdict in your case is very different. You are guilty of clearly committing an injustice by carrying out an undue and illegal process that could only result in conviction. Fortunately, we are the ones who decide this case and not you. May you now withdraw from our Court, please. Free the defendants.
Well... at least that was the delirium that invaded the lawyer's consciousness when he received a strong blow to the head after trying to react to the actions of the police officers who were removing him from the hearing room.
That was the reason I wrote the story. The new "judicial policy" adopted by the English courts is frightening. It practically prevents the XRebellion defendants and those who campaign against the genocide in Gaza from adequately defending themselves in court. As a result of the guidelines outlined in the document, it is clear that defendants arrested by the police during demonstrations can only do one thing in court: confess to the crime and await sentencing.
The rotting of the rule of law in England is an undeniable fact.
https://www.linkedin.com/posts/fabio-de-oliveira-ribeiro-85347a232_novas-regras-criminais-na-inglaterra-activity-7175911297094402048-adx9?utm_source=share&utm_medium=member_desktop