High Court judge dismisses committal proceedings brought against councillor
A High Court judge has dismissed committal proceedings brought by Sheffield City Council against one of its councillors, Alison Teal of the Green Party, over an alleged breach of an injunction.
However, Mr Justice Males did find another defendant, Calvin Payne, in contempt on three counts.
In August this year the judge had granted an injunction against those trespassing within safety barriers around its controversial tree replacement works.
The injunction stated that Cllr Teal, Mr Payne and a third defendant must not, within the administrative area of Sheffield:
- Enter any safety zone erected around any tree; and/or
- Seek to prevent the erection of any safety zone; and/or
- Remain in any safety zone after it is erected; and/or
- Knowingly leave any vehicle in any safety zone or intentionally place a vehicle in a position so as to prevent the erection of a safety zone;
- Encourage, aid, counsel, direct or facilitate anybody else to do any of the matters in paragraphs (1) to (4) above including by posting social media messages.
A "safety zone" was defined as "that area delineated by barriers erected on the public highway around a tree to be felled".
The local authority subsequently brought committal proceedings against Mr Payne and Cllr Teal for alleged breaches of the injunction occurring between 25 September 2017 and 6 October 2017.
A committal hearing was held earlier this week (27 October).
Mr Justice Males found that Sheffield could not prove to the criminal standard that Cllr Teal was present within a completed safety zone. “On the contrary it appears that she took the view (which I have held to be correct and in any event reasonable) that a “safety zone” within the definition in the order would only be formed once the barriers marking its boundary were complete. Once they were complete, she left.”
A hearing to consider Mr Payne’s sentence will be held on 3 November.
David Forsdick QC and Yaaser Vanderman of Landmark Chambers appeared for the council. Catherine Casserley of Cloisters represented Cllr Teal, while Paul Powlesland appeared for Mr Payne.
