Police Case Arrest (see previous post 17 December.)

Police case-Arrest of Anti Smoking Campaigner (Stuart Holmes)- Fabio Capello, Andrew Bevington interview at Football Association. Court Case 11th June 2008. 10:00 am. City of Westminster Magistrates Court. 70 Horseferry Rd. SW1P 2AX.

STATEMENT PC Goswell Pc746 CD (received 5th June 2008)


Notes delayed due to booking in procedure in custody at West End Central Police Station. On Friday 14 Dec. 2007. While on duty in full uniform as operator of marked police vehicle C1 driven by PC Livesly 610 CQ I was called via my PR (Cad No 7023 ) to attend the Football Association at 25 Soho Square London W1 Where a male was standing nearby causing a disturbance, this call came out at 17:30 hours we arrived on scene at approx 17:35.


On arrival I saw a male I now know to be Stuart Holmes standing on at least one green plastic crate outside of the FA building close to the entry/exit point, a few feet from the building line. He was shouting very loudly, I could not understand all that he was saying but he did say that the tobacco industry is killing people and other related remarks. The area in front of me to the left hand side of Holmes was packed with photographers and journalists I made my way into the foyer of the FA building where I spoke to a male security guard and I know now to be Mr Albert Harpaul.


I asked why we had been called and Mr Harpaul explained that the male who was outside shouting as I entered- Holmes had been shouting for some time, he explained Holmes had been shouting very loudly and aggressively. These actions had been causing Harassment Alarm and Distress to members of the staff of the FA. HQ. Who had been trying to leave, he explained a number of employees had told him that they felt intimidated by Holmes actions and that they were (B) distressed and unhappy with his continued shouting and aggression.


Mr Harpaul explained that Holmes had been arrested earlier by police due to his behaviour and had then continued this on his return, Mr Harpaul also explained he had asked Mr Holmes to go away. I approached Holmes and asked him to stop shouting and to leave the area as he was causing Harassment Alarm and Distress to staff at the FA. HQ. He did not desist and continued to shout and said he would not leave or come down off of the crates he was standing on.


I took hold of his arm and moved him towards the nearby van. (Question)You need stop this behaviour as it is causing HAD to staff working at this venue (Answer) No I will not. At 17:45 I arrested Holmes for (A) section 5 of the Public Order Act as he was causing HAD to staff members and likely to cause this to the large number of people standing outside the venue. (C) As I lead Holmes to the van I cautioned him. “You do not have to say anything but it may harm your defence if you do not mention when questioned something that you rely on in court. Anything you do say may be given as evidence.” Holmes did not reply to this caution.


The points to draw for this offence was that Holmes behaviour may be disorderly within the hearing/sight of a person likely to be caused HAD with intention/awareness that his behaviour may be threatening abusive or insulting. Mr Harpaul had made it clear to me that members of staff were finding Holmes actions threatening and had been harassed and alarmed by it causing distress. Also the large number of press
Outside of the venue a number of which I believed were also harassed alarmed and distressed by the continued shouting and aggressive behaviour.


Holmes was handcuffed in a rear stack by myself (handcuff No ) as he was resisting my initial efforts to hold on to him and was trying to break free of my grip and I believed may try to make off. Mr Holmes was placed in the rear of a marked police vehicle and taken to West End Central Police Station, we arrived at Custody at 17:50 these were the facts of the case were relayed to PS Read? Who authorised his detention the arrest was under Section 5 of the Public Order Act 1986


A = under..................
B = were..................
C = As I lead Holmes to the van he continued to shout in an aggressive manner very loudly.