Christmas in the CLINK for eco-mob: Eight Insulate Britain activists are jailed for up to four months while ninth is locked up for six months after defiantly telling judge 'jail me, or I'll block motorway AGAIN'
Nine Insulate Britain eco zealots will be in prison for Christmas after being jailed today at the High Court for breaching an injunction designed to prevent their M25 road blockades which caused two months of chaos.
Two of the activists were jailed for three months, a further six were imprisoned for four months and the ninth - Ben Taylor, 27 - received six months after boasting he would immediately block the motorway again if not imprisoned.
Ben Buse, 36, Ana Heyatawin, 58, Louis McKechnie, 20, Roman Paluch-Machnik, 28, Oliver Rock, 41, Emma Smart, 44, Tim Speers, 36, James Thomas, 47, and Mr Taylor were all jailed and could have to pay up to £91,000 in costs.
The nine were imprisoned over a protest on October 8 at Waltham Cross in Hertfordshire which saw a total of 16 people arrested - but dozens more activists are set to be issued with committal proceedings in the next few days.
The group and its supporters chanted 'We are unstoppable, another world is possible' as they were led to the cells through the dock by security officers at the court in London. Heyatawin and McKechnie were both jailed for three months while Buse, Paluch-Machnik, Rock, Smart, Speers and Thomas all received four-month sentences.
The shorter jail term for Heyatawin was because of her medical issues, while McKechnie's was due to his younger age. The men will be at Category B Pentonville jail in Islington and the women at Category A Bronzefield in Surrey. Insulate Britain is an offshoot of Extinction Rebellion, which today described those jailed as the 'Highway Nine'.
After the sentencing, Smart insisted that she would go on hunger strike in prison. Insulate Britain began a wave of protests on September 13, demanding that the Government makes plans to insulate the UK's homes. They blocked roads around London as well as in Birmingham, Manchester and Dover - causing miles of tailbacks in rush hour.
The demonstrations have seen the campaigners glue themselves to the road before being removed by police. At least 174 activists have been involved on 19 days of protests so far and there have been 860 arrests.
Group spokesman Tracey Mallaghan said after the case: 'The right thing to do is highlight injustice, breaking the law if needed. This is what the Suffragettes did and Martin Luther King did, and it is what Insulate Britain has done.'
It comes after Taylor told the court yesterday that if he was not in jail he would 'go and block the motorway at the earliest opportunity and will continue to do so until the Government makes a meaningful statement and acts on it'.
Taylor's submissions were described today by Dame Victoria Sharp as 'inflammatory' and a 'call to arms', and he was therefore given a longer sentence of six months 'to deter (him) from committing further breaches'.
The judge, sitting with Mr Justice Chamberlain, said there was no alternative to jail sentences given the group's actions were so serious and they had made it clear they intended to further flout court orders. She said: 'The defendants, or some of them, seem to want to be martyrs for their cause and the media campaign surrounding this hearing appears designed to suggest this. We, however, have to act dispassionately and proportionately.'
Before the group were sentenced, the National Highways barrister said the legal costs of bringing proceedings against the nine activists had reached £91,000. She argued the judges should make an order for the costs against the defendants and that, even if they are unable to pay them, such an order would be an 'important symbol'.
She also said the agency had a duty to attempt to recover the costs, as they are from public funds. But Dame Victoria Sharp said she and Mr Justice Chamberlain will give their decision on costs in writing at a later date.
The nine activists said they did not have the funds to pay their share of the legal costs. Taylor said he has been volunteering for a couple of years and is currently claiming Universal Credit, which has recently been cut. He added: '£10,000 is a lot of money so unless there is a deadline, it will take a long time to pay off.'
Smart told the court she has been working as a volunteer in wildlife conservation and climate activism, and does not have any money. Addressing National Highways' legal team, she said: 'You are claiming more for postage than I have earned in the last three years. The fact you are profiting from our stand and trying to save the lives of ... people is obscene. Take what I have, come to my house and sell my clothes because that's all I have.'
Rock said he is a carpenter and was badly affected by the pandemic as he built theatre sets, while Speers said he was a full-time volunteer and claims Universal Credit. Speers added: 'I might be dead before I can pay these costs.'
A further 23 protesters have also defied one or more of several injunctions granted to Transport for London and National Highways over the past two months. And Insulate Britain said it expects these 23 people to be summoned in the coming days, which would bring the total to at least 32 people who are due to face contempt of court.
Lawyers representing the Government said further committal proceedings will be issued against other Insulate Britain protesters and were expected to be brought by the end of the week, relating to protests on October 27. Evidence is also being gathered to bring proceedings in relation to protests on October 29 and November 2.
Raj Chada, solicitor at Hodge Jones and Allen law firm which supported the protesters, said: 'With these prison terms, the long and honourable tradition of civil disobedience is under attack again. Rather than leaving courts to imprison those that raise the alarm, it should be the Government that acts to protect us against the climate crisis.'
Insulate Britain activist Ben Taylor (left, being led away in handcuffs from the High Court in London today), 27, was jailed for six months after boasting he would immediately block the motorway again if not imprisoned. Taylor is pictured shouting - and while what he said was inaudible, photographers said he appeared to be shouting encouragement towards his supporters. Meanwhile Roman Paluch-Machnik (right, also pictured today), 28, was among six of the activists jailed for four months
Six of the nine Insulate Britain activists arrive at the High Court in London for sentencing this morning
Insulate Britain campaigner Ana Heyatawin (left), 58, was jailed for three months; while her fellow activist Emma Smart (right), 44, was imprisoned for four months. They are pictured being led away in handcuffs from the High Court this afternoon
Nine Insulate Britain eco zealots were today jailed at the High Court after admitting breaching an injunction on protesting
Insulate Britain activist Tracey Mallaghan speaks to reporters outside the High Court today following the group's sentencing
Insulate Britain activist Ben Taylor (left) arrives at the High Court in London for sentencing this morning
Insulate Britain activist Emma Smart (left) waves as she arrives at the High Court in London for sentencing this morning
Insulate Britain activist Tim Speers receives a hug as he arrives at the High Court for sentencing this morning
Insulate Britain activist Ana Heyatawin arrives at the High Court in London today for sentencing this morning
Insulate Britain activist Roman Paluch (right) walks into the High Court in London for sentencing today
Insulate Britain activist Cathy Eastburn (right) hugs a fellow protester ahead of the sentencing at the High Court today
Insulate Britain said the protesters were expected to serve at least half of their sentence. They had been facing a maximum penalty of two years in prison or an unlimited fine for contempt of court.
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The group has insisted it intends to continue with the protests until the Government agrees to insulate homes.
Who are the Insulate Britain nine and how long were they jailed for?
Ben Taylor: 6 months
Defiant Taylor, 27, was handed the longest sentence for what judges called an 'inflammatory' call to arms, in which he told the court that the government must 'f****ing act' on the group's demands. He also boasted that he would immediately go out and block another road if he was not jailed.. The court therefore extended his detention 'to deter Mr Taylor from committing further breaches'.
Dr Benjamin Buse: 4 months
The meek University of Bristol researcher, 36, was the only defendant to have a barrister representing his interests. The court was told that Dr Buse, who has published on topics like 'microanalysis of Uranium', was a devout Christian and popular member of his local church in Cheddar. Barrister Owen Greenhall said he volunteered for charity and donated hundreds of pounds to good causes every month.
Oliver Roc: 4 months
The 41-year-old carpenter from south London, admitted he was 'c**pping himself' about going to jail and enjoyed drawn-out cinches with his partner before the final hearing began. He said that after feeling 'depressed' that the 2003 Iraq War march had failed, he was inspired to take up more extreme tactics, in collaboration with Extinction Rebellion, which he joined in 2019. He told the court he only earned about £10,000 a year, often making 'small stage sets'.
Emma Smart: 4 months
The 44-year-old, from Weymouth, announced via an Insulate Britain spokesman that she would be going on hunger strike. She told the court that the proceedings were 'obscene' and glowered at barristers representing National Highways. But Smart, a biologist, has previously been criticised for undertaking a gas-guzzling 81,000-mile drive across the globe with her partner, Andy.
Louis McKechnie: 3 months
The student from Weymouth, who turned 21 yesterday, was given a month off his sentence in recognition of his youth. He said his only income was his student loan, which all went on living expenses, so he would struggle to pay his share of the bill in paying the government's legal costs.
Ana Heyatawin: 3 months
The oldest of the defendants, the blue-haired 58-year-old from Wells, had her sentence reduced to three months, after she told the court about her litany of health issues, including a personality disorder, depression, sciatica and bad eyesight.
James Thomas: 4 months
The 47-year-old architect said he had previously regarded himself as an 'enlightened capitalist sort of guy', but was inspired to abandon his career and join protest movements after seeing a film about the successes won by the Suffragettes and their campaign of direct action. He said that the 'scariest part' of his time inside would be the impact on his relationship.
Roman Paluch-Machnik: 4 months
The 28-year-old from Ealing said that learning about the experiences of his grandparents, all four of whom escaped Poland during the war, had helped inspire his activism. An active member of Extinction Rebellion since 2018, he has travelled the country giving talks on climate change and training others how to participate in 'Non-Violent Direct Action'.
Tim Speers: 4 months
The 36-year-old, from east London, pontificated in court, 'in an insane world, the sane will be seen as insane'. He believes that Insulate Britain has led 'one of the most successful campaigns in history'. He was first arrested on Waterloo Bridge in 2019 at an Extinction Rebellion protest, commenting: 'I refuse sit back while greed and ignorance takes life to extinction.'
Dame Victoria told the court that police bodycam footage of the protest showed officers struggling to remove the demonstrators from the road.
The court heard the activists moved towards oncoming traffic before some successfully glued themselves on the road after being told to clear.
The judge said: 'The footage shows a somewhat chaotic scene with the defendants very close to traffic, and in some instances moving traffic, and the police attempting to restrain them from continuing with their protest and re-entering the road.'
Dame Victoria Sharp told the activists that it is 'integral' that orders made by the court 'must be obeyed'. She said: 'In our democratic society, all citizens are equal under the law and all are subject to the law.
'It is integral to the rule of law, and to the fair and peaceful resolution of disputes, first, that orders made by the court must be obeyed, unless and until they are set aside or subject to successful challenge on appeal, and secondly that a mechanism exists to enforce orders made by court against those who breach them.
'In this jurisdiction, that mechanism is provided by the law of contempt.'
Insulate Britain activists were also told by the judge that ordinary members of the public 'have rights too'.
Dame Victoria Sharp told them: 'In a democratic society which recognises the right to freedom of peaceful assembly, protests causing some degree of inconvenience are to be expected and, up to a point, tolerated.
'But the words 'up to a point' are important. Ordinary members of the public have rights too, including the right to use the highways.
'The public's toleration of peaceful protest depends on an understanding that, in a society subject to the rule of law, the balance between the protesters' right to protest and the right of members of the public to use the highways is to be determined not by the say-so of the protesters, but according to the law.'
The judge also said the public has an 'interest in deterring disobedience to its orders and in upholding the rule of law'.
Smart, who announced her intention to go on hunger strike after being jailed, said in a statement: 'Our Government is betraying us, betraying our vulnerable people and betraying our children's future.
'I believe that my intentions are morally right, even if my actions are deemed legally wrong. This court may see me as being on the wrong side of the law, but in my heart I know I am on the right side of history. I will not be a bystander.'
And Buse said in a statement: 'Care for the earth and all life requires me to act. My faith requires me to act, believing in the sacredness of creation and the demand for justice, justice for the trampled and exploited.
'Whilst acknowledging the importance of the courts, I have continued to break the injunction multiple times for we have a duty to the earth, to life, to future generations, to care and protect, this is the most important function of government, society and law.
'As we enter into the difficult years shifting to low carbon, and feeling the effects of climate change, we all need to be engaged in peaceful transformation; attempts to punish and crack down on peaceful protest opens the door to violent protest, which I deeply wish to avoid.'
Speers added: 'Never before has a civilisation had the burden and the privilege to see its own collapse coming.
'In this world, those trying to avert catastrophe are vilified and criminalised, and those profiting from death are protected and rewarded. We asked for a chance to live. That's all.
'We did so in the tradition of non-violent protest upon which this country was built. In response, the Government declared it would do 'everything we can to stop them'.'
'In an insane world, the sane will be seen as insane. And in a democracy steeped in lies and corruption, good people have a duty to disobey bad laws.
'We did our duty and I await the day when a judge in a court of law is brave enough to do theirs.'
An Insulate Britain spokesman said today: 'This morning our Insulate Britain supporters have been sentenced.
'We are being failed and betrayed by our government. Our nine chose not to standby and be complicit in genocide.'
During yesterday's hearing, Taylor said if he was 'not put in prison' for breaching an injunction banning disruptive protests on the nation's roads, he will 'go and block the motorway at the earliest opportunity and will continue to do so until the Government makes a meaningful statement and acts on it'.
He added that 'whatever sentence or sanction' he was given 'will be counter-productive and will only serve to fuel the campaign of Insulate Britain'.
Taylor said: 'If you send me away to prison, ten people will step forward in my place. If you send each of us away, 100 people will step forward and take our places. If you send 100 of us away, 1,000 people will step forward to take our place.
'If you somehow manage to stop all non-violent protests, then things will only turn violent.'
And Smart told the court she was there to 'ensure future survival'.
She said: 'That's what it boils down to. I am proud of what I did and I stand by my actions.
'I'm asking when you consider my sentence that my actions are proportionate to the crisis we are facing, where 8,500 people die a year from cold and hunger in their own homes.
'I am doing everything I can to protect the most vulnerable people in society. We are all vulnerable in a climate crisis. No-one is immune and no-one is safe. When I see injustice I cannot stand by and watch harm to life.'
Smart compared watching the climate crisis to watching a child trapped in a burning house. She said: 'I cannot stand by and watch. I would run to them.'
She told the court: 'Our Government is betraying us, our vulnerable people and our children's future.
'I will not be a bystander while our Government fails and betrays its people, I will continue to do what is necessary.'
Ana Heyatawin (left), 58, has been at protests and glued her hand to the road on the M25 at Thurrock on October 13 (right)
Emma Smart (left), 44, is also at the High Court today after blocking the M25 at junction 31 in Thurrock on October 13 (right)
Ben Taylor (left), 27, is among the Insulate Britain nine. He protested at Parliament Square in London on November 4 (right)
Dr Ben Buse, a Bristol University researcher from Somerset, is at the High Court today (left) after being involved in various Insulate Britain protests - including one (right) near South Mimms at the junction of the M25 and A1 on November 2
Oliver Roc (left, at court yesterday) is pictured during the group's recent protest at Parliament Square on November 4 (right)
Roman Paluch (left), 28, and Tim Speers (right), 36, are also among the nine Insulate Britain activists at the High Court today
Louis McKenchnie (left), 20, and James Thomas (right), 47, are both appearing at the High Court for the hearing today
The male Insulate Britain protesters jailed today will be sent to HMP Pentonville in Islington, North London (file picture)
The male activists have been sent to HMP Pentonville in Islington, North London, where they will spend Christmas and beyond
The women jailed over the Insulate Britain protests today will be sent to HMP Bronzefield in Ashford, Surrey (file picture)
HMP Bronzefield in Ashford, Surrey, will be where the women Insulate Britain protesters will be imprisoned (file picture)
Speers described the country's democracy as 'steeped in lies' and said 'good people have a duty to breach bad laws'.
He said: 'In this world, those trying to avert catastrophe are vilified. On a tradition of non-violent protest, in response, the Government said they will 'do everything to we can to stop them.'
'That was from Grant Shapps, who had a second job under another name.'
Paluch-Machnik told the court the injunction 'is not just in context with the crisis we're in'.
He said: 'The Government would rather imprison pensioners than insulate their homes.'
Mr Paluch said retrofitting homes is the cheapest way to tackle the climate crisis and added: 'We are asking for a fully funded state-operated retrofitted service, like the NHS.
'Some of those who have spoken have said they're not afraid. I'm afraid you will take away my home and me away from my friends, family and partner.
'But I'm more afraid of inaction and the climate catastrophe that has already began to crash on some of us. I stand by the action that brought me before this court, and if that sends me to prison, then so be it.'
He urged the court to look at 'more than the letter of the law' and 'make the commitment to insulate Britain'.
Heyatawin told the High Court she is 'traumatised' by the Government's attitude to climate change.
She said she 'does not accept the morality of the injunction' and said 'it is meaningless in the context of climate collapse'.
Ms Heyatawin added: 'I know how to behave. I think I'm a good person. I felt compelled to stop the world and get off. We are hurtling towards ecocide, genocide and our own suicide.'
Rock invited the court to observe a minute's silence 'to imagine what the climate crisis means for the future'. He said: 'I'm proud of our actions and I stand by what we have done, we have not done this for personal gain.
'I take responsibility for my actions and I did that in an attempt to mitigate the suffering of people in this country who cannot afford to adequately heat their homes.'
The only defendant to have a lawyer was Dr Ben Buse, a Bristol University researcher. Owen Greenhall told the court Dr Buse was active in his local church and a highly regarded member of the community.
Myriam Stacey QC, representing National Highways, told the court the message that the defendants are 'proud of their conduct' and 'will continue to defy the injunction order made' is 'loud and clear'.
She added: 'No apology has been made in relation to the breach of the order.'
Ms Stacey said the group had emailed National Highways in September saying the protests would continue 'unless the Government make a meaningful statement that they will start the process of decarbonising homes in Britain'.
Ms Stacey said further committal proceedings will be issued against other Insulate Britain protesters by the end of the week, relating to protests on October 27.
Insulate Britain has released photographs of some of the faces among its 32 activists who face up to two years in prison for contempt of court. They are (left to right, first row): Ruth Jarman, Dr Diana Warner, Rowan Tilly, Jess Causby, Steve Gower, Liam Norton, Greg Frey, Reverend Sue Parfitt, (second row) Mark Latimer, Dr Ben Buse, Gabby Ditton, Arne Springorum, Tony Hill, Theresa Norton, Stephanie, Emma Smart (third row) Emily Brockelbank, Biff Whipster, Amy Pritchard, Paul Sheeky, Louis McKechnie (bottom row) Roman Paluch, Ben Taylor, Ana Heyatawin, David, Oliver Rock, Tracey Mallaghan and Tim Speers
Supporters hold an Insulate Britain banner outside the Royal Courts of Justice after the sentencing hearing today
An Insulate Britain protester speaks to the media outside the Royal Courts of Justice after the sentencing today
Two Insulate Britain supporters who were not involved in the sentencing today leave the High Court after the hearing
Insulate Britain activist Tracey Mallaghan speaks to reporters outside the High Court today following the group's sentencing
Insulate Britain activist Tracey Mallaghan gives a statement outside the Royal Courts of Justice in London today
Insulate Britain protesters (back row left to right) Tim Speers, Roman Paluch, Emma Smart, Ben Taylor, James Thomas, (front row left to right) Louis McKechnie, Ana Heyatawin and Oliver Roc pose for a photograph ahead of their High Court hearingShe also said evidence is being gathered to bring proceedings in relation to protests on October 29 and November 2. All nine defendants were sentenced by Dame Victoria Sharp and Mr Justice Chamberlain.
An emotional Mr Rock told LBC radio yesterday: 'I feel terrified - I'm c***ping myself this morning, and I feel like crying. I've got all these emotions coming out of me. It seems ridiculous that we're in this situation.
'What we're asking the Government to do is just an extremely practical no-brainer thing that they should be doing, and they're choosing instead to potentially lock us up, fine us, seize our assets.
'I'm expecting that we might get sentenced maybe today, probably tomorrow. We've been told that quite probably we'll get custodial sentences, so there's a high likelihood that by this evening I'll be in a prison cell somewhere.'
The Government plans to introduce new measures to clamp down on protests, including allowing police to stop and search people where there is a reasonable suspicion they are carrying items intended to cause disturbance, such as glue.
After today's sentencing a statement from the nine activists jailed was read by an Insulate Britain supporter outside the Royal Courts of Justice.
It read: 'Over the last nine weeks, 174 ordinary people have held the Government to account, asking that they deliver on their most basic of duties, to protect the British people, the economy and all we hold dear in our society.
'Your Government has now chosen to act. It has chosen to imprison us for this demand.
'By imprisoning us, the Government shows its cowardice. They would rather lock up pensioners than insulate their homes.
'They would rather lock up teachers than create thousands of proper jobs.
'They would rather lock up young people than take practical steps to reduce emissions.
'They will lock us up and leave thousands to die of cold this winter. We knew we would face prison when we took this action, but we could not stand by while the Government betrays the general public.'
The activists' statement continued: 'Following the widely recognised failure of our Government at Cop26, we are continuing to ask them to get on with the job - of cutting carbon emissions, of insulating cold and leaky houses, of protecting the people of this country from climate collapse - because the lives of our children and those of all future generations hang in the balance.
NOVEMBER 4 -- A truck carrying insulation was blocked by Insulate Britain protesters at Parliament Square in Westminster
NOVEMBER 2 -- Protesters from Insulate Britain are removed by police after they block a road near Manchester Airport
OCTOBER 27 -- Insulate Britain protesters block the A40 junction with Gypsy Lane in North Acton, West London
OCTOBER 25 -- Climate activists from the Insulate Britain group block a road near Canary Wharf in East London
OCTOBER 13 -- Protesters from Insulate Britain block the M25 at junction 31 near to the Dartford Crossing in Thurrock, Essex
OCTOBER 1 -- Insulate Britain protesters block a roundabout at Junction 3 of the M4 near London Heathrow Airport
SEPTEMBER 27 -- Police officers detain a protester from Insulate Britain occupying an M25 roundabout leading to Heathrow
SEPTEMBER 24 -- Police officers remove two protesters from the top of a tanker as Insulate Britain block the A20 in Dover
SEPTEMBER 20 -- Police officers work to free protesters who had glued themselves to junction 4 of the A1(M) near Hatfield
'To the Government we say, you can't imprison a flood, there are no unlimited fines against a famine, you can't bankrupt a fire.
'To the public we say, no-one is coming to save you. In the past, when governments have failed to protect their people the right thing to do is to highlight this injustice, breaking the law if needed, this is what the suffragettes and Martin Luther King did, and it is what Insulate Britain has done.
'We call on you to recognise that you also have a duty to act, as our Government is betraying us. They can't even act to insulate Britain.
'What hope do we have of them protecting our children, our economy or our country?'
The statement concluded: 'We say to those who look on in fear and denial - this will impact you and all that you love, and look at what we did.
'A few hundred people captured the country's attention for months. Think what 1,000 people can achieve?
'You have a choice. To act, to come and join us help change the tide of history, or to be a bystander and be complicit in enabling genocide.
'This tide will not come again, will you join us?'
Following the sentencing, Greenpeace UK programme director Pat Venditti said: 'Jailing climate activists during a climate crisis is like silencing a smoke alarm while half the building is on fire.
'What this country needs are fewer injunctions and more insulation. Instead of cracking down on climate activism, the UK Government should crack down on cold homes.
'One will be an international embarrassment, the other a sign of real climate leadership.
'An ambitious home insulation programme funded by the Government would lower energy bills, cut planet-heating emissions and boost the UK's energy security - it's a triple win.
'Boris Johnson must show that he hasn't left his commitment behind at Glasgow Central station and he's ready to roll up sleeves and lead by example on tackling the climate crisis.'
Liberty director Gracie Bradley said: 'We should all be able to stand up for what we believe, but when the means to do so are continually narrowed - whether that be at the ballot box, in the courts or in the streets - people will take to more urgent routes.
'While Insulate Britain knew that by breaching the injunction they risked jail, these sentences clearly are disproportionate and another threat to protest rights for all of us.
'For years, injunctions have been used by the powerful to stifle dissent and restrict protest rights, while demonstrators have been demonised.
'The impact has been stifling free expression, undermining the ability of all of us to stand up for what we believe in - particularly people from marginalised communities who are most cut off from the corridors of power.
'Today's sentences must be seen in the context of the expansive and oppressive powers in the Policing Bill, itself a grab for more power by a Government that despises scrutiny and accountability.
'The right to protest protects all of us and is the cornerstone of a healthy democracy. We must not allow those in power to demonise demonstrators in a cynical attempt to silence us all.'
Duncan Smith, executive director of operations at National Highways, said: 'Safety is our top priority and we welcome this outcome.
'We respect people's right to protest but do not condone the actions of anyone who puts their lives, and the lives of road users, at risk.
'The judge's decision will hopefully make people think again about carrying out reckless and dangerous protests such as these and endangering people's lives.
'The injunctions remain in place and we stand ready to do what is necessary to limit the impact of any protests on the strategic road network, and to keep drivers safe and on the move.'
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