Just Stop Oil activists acquitted of Stonehenge criminal damage

Three Just Stop Oil activists who took part in a protest in which Stonehenge was sprayed with orange powder have been found not guilty of criminal damage after citing human rights law in their defence.

Rajan Naidu, 74, and Oxford University student Niamh Lynch, 23, had been accused of using two colour blasters filled with cornflour, talc and an orange dye to spray the ancient monument.

Salisbury Crown Court was told the pair – together with a third activist, Luke Watson, 36 – targeted Stonehenge as part of an ongoing fossil fuel protest by the Just Stop Oil group the day before last year’s summer solstice where around 15,000 people were due to gather and celebrate.

Naidu and Lynch, then an Oxford University student, crossed the boundary ropes and trespassed into the area around the monument before launching the attack.

Watson had bought the equipment used in the attack and had driven his co-accused to Stonehenge that morning.

Prosecutors alleged the protest had been “carefully planned” and was filmed by other Just Stop Oil supporters and released publicly afterwards.

Simon Jones, prosecuting, said: “Putting it simply, we say they were all in it together.

“The prosecution say that this is an act of blatant and clear vandalism. The intention is undoubtedly to make a statement.”

After the attack, Naidu and Lynch, who were both wearing white Just Stop Oil T-shirts, sat down in silence in front of the stones until they were arrested by the police.

The court heard the stones were promptly cleaned and the costs of removing the powder totalled £620.

Mr Jones added: “Stonehenge is arguably the best recognised and architecturally sophisticated prehistoric stone circle in the world, built around 5,000 years ago.

“The site in Wiltshire is visited by members of the public from all over the world, providing both an education and spiritual experience.

“The stones are a protected ancient monument.”

The three defendants each denied charges of damaging an ancient protected monument and causing a public nuisance on June 19 2024.

The latter is a new statutory offence created by the 2022 Police, Crime, Sentencing and Courts Act, which sparked a wave of Kill the Bill protests across the country.

They each accepted taking part in the protest and cited in their defence “reasonable excuse”, and their rights under Articles 10 and 11 of the European Convention on Human Rights to freedom of speech and freedom to protest.

The defendants argued it was a peaceful protest, that the rights of others were not “greatly interfered with”, that care had been taken in choosing the type of powder to use, there was no lasting damage to the stones and that protesting about fossil fuels was a legitimate cause.

Judge Paul Dugdale told the jury in his legal directions they had to assess where the “balance lies” in the case and whether a conviction would be a “proportionate interference” with the defendants’ rights.

“In any society there will be those whose opinions we agree with and those whose opinions we disagree,” he said.

“The essence of a free society and freedom of speech is that everyone’s entitled to express their opinion even when we disagree with what they say.

“If individuals disagree with what our Government is doing on certain matters they are entitled to protest about the Government’s actions or inactions.

“All of this is the essence of our free society. It’s how our society has developed over the centuries and the reality is we are very fortunate to live in a free society.

“There are times when protecting the right to freedom of speech and freedom to protest can mean that activity that would otherwise be unlawful would be regarded as lawful by the court to protect those rights.”

The jury found Naidu, of Gosford Street, Birmingham; Lynch, of Norfolk Road, Turvey, Bedford; and Watson, of The Street, Manuden, Essex, each not guilty of the two charges after deliberating for six hours.

After the jury returned its verdicts, the three defendants hugged each other in the dock before leaving and celebrating with family and friends sitting in the public gallery.

Solicitor Francesca Cociani, of law firm Hodge Jones & Allen, who represented the protesters, said: “My clients are incredibly relieved by today’s verdict that exonerated them of any wrongdoing.

“The public nuisance charge in this case, which argued their protest could have caused serious distress, annoyance or inconvenience to the public, was wholly inadequate and, in our view, should never have been brought, and amounted to an affront to their right to protest.

“It is a relief that the jury has decided to uphold the right to peaceful protest.

“It is a right that has long been, and should remain, an essential pillar of our democratic society, but we are seeing time and time again that this right is being eroded.”

Speaking after the verdict, Lynch, who is now a masters student in ecology and conservation at the University of Exeter, said: “I just want things to be better, I just want things to be fair and right.

“If you see something you love being hurt, you do everything you can to help. It’s quite simple. It’s totally natural.

“I might not be able to do much but I categorically refuse to do nothing. I refuse to stand by and watch as our world burns around us.”

Watson, a carpenter, added: “I’m glad of the verdict but feel the last two weeks have been a complete waste of public money, and that a case involving £620 of damage should have been dealt with in the magistrates’ court.”