BLM activists who dumped Edward Colston statue into Bristol harbour cleared of criminal damage

Activists who tore down the statue of slave trader Edward Colston and threw it into a harbour during a Black Lives Matter protest have been cleared of criminal damage.

The memorial to the 17th century merchant was toppled during a march in June 2020, before being dragged and rolled 500m and dumped in the water in Bristol.

It became a defining moment of the wave of protests seen around the world in the wake of the murder of George Floyd by a police officer in the US, and was even mentioned at Mr Floyd’s funeral.

Although hundreds of people were present, just four – Rhian Graham, 30, Milo Ponsford, 26, Jake Skuse, 33, and Sage Willoughby, 22 – were charged with criminal damage.

Graham, Ponsford and Willoughby were accused of bringing ropes and orchestrating the toppling of the statue, while Skuse allegedly goaded the crowd into throwing it in the water.

They declined to have the case dealt with by a district judge or magistrates, and instead chose to be tried by jury at Bristol Crown Court.

The prosecution said it was “irrelevant” who Colston was, and the case was one of straightforward criminal damage, while the defence said his legacy as a slaver was vital to deciding the defendants’ culpability.

Barrister Tom Wainwright, for Ponsford, said the felling of the statue had helped heal the wounds of slavery and accused the prosecution of inviting the jury to “pick open these wounds once more”.

Mr Wainwright said: “You may think that had the prosecution been there when the Berlin Wall was torn down, they would have been standing by with cement and trowel, wringing their hands and muttering about red tape and proper procedures not being followed.”

Liam Walker, for Willoughby, told the jury their decision would “reverberate around the world” and urged them “to be on the right side of history”.

In summing up, Judge Peter Blair QC told the jury to disregard such rhetoric about the weight and consequences of their decision, and try the case purely on the evidence in front of them.

Reaction to the verdict

There were loud cheers from the packed public gallery after the not guilty verdicts were returned.

Tom Wainwright, for Milo Ponsford, raised the question of costs being repaid to the defendants following their acquittal but Judge Peter Blair QC questioned whether such an application was appropriate in light of the high-profile support the defendants have received.

Artist Banksy designed a limited edition t-shirt, pledging the funds raised to the defendants’ cause.

Raj Chada and Laura O’Brien of Hodge Jones and Allen represented two of the four protestors – Mr Skuse and Ms Graham. 

Commenting on the verdict, Raj Chada, head of criminal defence at Hodge Jones and Allen said: “The truth is that the defendants should never have been prosecuted. 

“It is shameful that Bristol City Council did not take down the statue of slaver Edward Colston that had caused such offence to people in Bristol and equally shameful that they then supported the prosecution of these defendants.”

Laura O’Brien, Senior Associate of the firm added: “Our clients acknowledge that this case is but a small part of the struggle against racism and the efforts to tell the story of slavery and its legacy with honesty. 

“Our clients thank all those who have helped along the way, for many of them telling us their stories of pain and determination.”

Blinne Ní Ghrálaigh, barrister in the case, said: “This case demonstrates the fundamental importance of trial by jury. That is because juries represent the collective sense of justice of the community.  

“In this case, they determined that a conviction for the removal of this statue – that glorified a slave trader involved in the enslavement of over 84,000 black men, women and children as a ‘most virtuous and wise’ man – would not be proportionate.”

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