FOUR Palestine Action protesters are to be sentenced with a terrorism connection despite being convicted only of criminal damage, a first in British legal history, campaigners said today.
The defendants, part of the Filton 24, were convicted at Woolwich Crown Court on May 5 of damaging Israeli quadcopter drones inside Elbit Systems’ Bristol research and development hub.
The action took place before Palestine Action was proscribed as a terrorist organisation.
The terrorism connection, under section 69 of the Sentencing Act, is an aggravating factor applied at sentencing rather than a charge.
The jury that convicted the defendants was also kept unaware that this would apply, meaning they convicted without knowing the likely sentencing consequences.
Judge Jeremy Johnson ruled there appeared to be a terrorist connection on the basis that the activists were influencing the Israeli government by restricting its access to weapons.
He acknowledged that saving lives was “one motivating factor,” but concluded that influencing a foreign government was another purpose of the action.
The defendants have already spent 18 months on remand — equivalent to nearly four years under sentencing guidelines, the upper limit for criminal damage.
With a terrorism connection, they must serve their full sentence unless a parole board is satisfied they have “reformed” and rescinded their beliefs.
Campaigners warn this could see activists denied parole unless they renounce their opposition to Israel’s actions.
On release, they could face up to 15 years on a terrorism licence, requiring them to register any new device, bank account, email or relationship with police.
The retrial was conducted under sweeping restrictions, lifted only today, that led five of the six defence barristers to leave the case before closing speeches.
Media reporting was also restricted.
Judge Johnson barred the defence from mentioning Elbit’s weapons manufacturing, the nature of the property damaged, or the defendants’ belief that weapons at the site would be used to kill civilians.
A Defend Our Juries spokesperson said: “If this authoritarian and insidious precedent goes unchallenged, it will allow countless more protesters to be tried for an ordinary offence, but secretly sentenced as terrorists, without juries knowing this when they convict.
“When judges ban the word ‘genocide’ from court, prosecute barristers for defending pro-Palestine clients, and manipulate verdicts behind juries’ backs, we are witnessing a truly authoritarian abuse of power, one which has everything to do with protecting Israel’s arms trade.”
Sentencing is scheduled for June 12.



