JUDGE RULES BARCLAYS DAMAGE ATTACK NOT TERRORISM

Five Palestine Action activists will not be sentenced under terrorism legislation after breaking windows and throwing red paint at a Barclays branch in Burnley, a judge ruled on Friday. Brendon O'Hagan, Mohammed Malik, Amanda Kelly, Hmeera Atiqnisar and Alma Yaniv were convicted in June of causing more than £200,000 of damage to the St James's Street site after spray painting it and smashing windows with hammers in the early hours of 5 August 2024. Prosecutors had retrospectively requested sentencing under terrorism charges despite the defendants not being charged or convicted under terrorism laws. Judge Robert Altham, the recorder of Preston, ruled that section 69 of the Sentencing Act did not apply, stating that whilst the damage was significant, it did not amount to "serious damage" as defined by the Terrorism Act 2000. Supporters gathered outside Preston Crown Court erupted in celebration as the ruling was announced.

The five claimed their actions were part of Palestine Action's campaign against Barclays' investment in Israeli weapons manufacturer Elbit Systems. During trial, they argued the attack was designed to pressure the bank into withdrawing financial support from the firm. Barclays divested from Elbit Systems in October 2024. Judge Altham noted that the nature and sensitivity of the property damaged was a relevant consideration, observing that the damage was less severe than other Palestine Action attacks on weapons firms. He stated the monetary value alone was not the determining factor. Palestine Action was not proscribed as a terror group at the time of the attack.

The five will be sentenced on 4 September under criminal damage charges. Around 100 to 200 supporters gathered outside the court. Ruth Ehrlich, director of external relations at Liberty, stated the legal process would have a "chilling effect" on people's willingness to protest, and expressed concern that defendants and jurors were unaware terrorism legislation could be applied after verdicts. Mohammed Malik said the ruling was "a massive relief" but called for overturned convictions of fellow activists from Palestine Action known as the Filton 25, who were convicted of terrorism offences.