A JUDGE has thrown out a “no case to answer” defence as the trial of two leaders of Britain’s Palestine solidarity movement returned to court today.

District Judge Daniel Sternberg denied the application by defence barrister Mark Summers KC on behalf of Palestine Solidarity Campaign director Ben Jamal and Stop the War Coalition vice-chair Chris Nineham.

But the judge gave no reasons for dismissing it as the trial resumed at Westminster magistrates’ court following a week-long break for the prosecution to prepare its response to the application.

Mr Summers had just 15 minutes to make his 12-point argument to support the application.

He referred to the conditions imposed by the police to prevent the Palestine coalition marching from or to the BBC in Portland Place and confining the January 18 demonstration to a static protest.

The defence barrister argued that the judge had a duty to consider the legality of the restrictions imposed by Met Commander Adam Slonecki under principles of public law.

Mr Summers highlighted that the Court of Appeal had already ruled in a previous case that imposing conditions on the basis of “more than minor” disruption was unlawful, which he said nullified the case.

He also argued that the law did not provide for the police to impose conditions to be placed on demonstrations based on the concept of “cumulative disruption.”

Mr Summers insisted that to argue the conditions were still a necessity on the assessments made by Commander Slonecki was a “gross legal error.”

He said that Cmdr Slonecki did not correctly apply a balance of rights under Article 10 of the European Convention on Human Rights, adding that the Crown’s case was effectively that human rights are “irrelevant.”

“If that’s the position you take and you are prepared to follow the Crown in dismissing human rights, then all I can say is bon voyage and I’ll see you in the High Court,” Mr Summers told the judge.

In dismissing the defence’s arguments, the judge noted that he was not obliged in a magistrates’ court to give his reasons.

The court resumed later for closing statements from the prosecution and defence.

Mr Summers said he would not call any defence witnesses and that the Crown case was “hopeless.”