Police wrong to class peace protester, 83, as terror suspect (From The Argus)

Police wrong to class peace protester, 83, as terror suspect

1:18pm Tuesday 26th August 2008

An 83-year-old peace protester who was stopped and searched under the Terrorism Act for wearing an anti-Blair t-shirt has had his complaint against police upheld.

John Catt made headlines at Brighton's Labour Party Conference in 2005 when he was searched on his way to campaign for the release of Guantanamo Bay prisoner Omar Deghayes, carrying a sketch pad and felt tip pens.

The incident followed the ejection of Walter Wolfgang, another octogenarian, from the party conference for shouting “nonsense” during Jack Straw’s speech on Iraq.

Three years on, the Independent Police Complaints Commission has upheld Mr Catt's complaint that Sussex Police acted unlawfully by using the Terrorism Act to stop him.

Responding to the ruling the force said it would now review its stop and search training. It is understood that no disciplinary action will be taken against the ofifcer involved in the search.

Mr Catt, from Withdean, said: "Although I am by and large satisfied with the IPCC’s ruling, I am left in no doubt that Sussex Police will continue to misuse the Terrorism Act against law abiding citizens engaged in legitimate peaceful protest at the next Labour Party Conference in Brighton."

He added that he believed that the officer responsible should face disciplinary action and that no-one from the police had apologised to him.

Mr Catt, who was 80 at the time, was wearing a t-shirt bearing the slogan “Bush, Blair, Sharon to be tried for war crimes, torture and human rights abuse, the leaders of rogue states”.

On the reverse it read: “Guantanamo Bay torture, support the hunger strikers, save Omar and all the others, contact your PM now."

He was also carrying a sketchpad and artists’ materials in a carrier bag.

Police records showed the purpose of the stop and search was "terrorism" and "grounds for intervention" were "carrying placard and T-shirt with anti-Blair info (sic)".

Mr Catt said he was threatened with arrest if he failed to comply with the stop and search request. Property found on the suspect amounted to "board and pens", the records showed.

In a statement the officer involved said he was concerned that Mr. Catt could be involved in "disorderly conduct and anti Conference behaviour."

Mr. Catt made a formal complaint against Sussex Police for exceeding their powers under the Act and infringing his civil liberties. The IPCC was satisfied that “the stop and search was conducted more for a public order policing purpose rather than a purpose relating to terrorism. Using the stop and search powers in the Terrorism Act for public order purposes is not consistent with the intentions of the Act and in contravention of Code A of the Police and Criminal Evidence Act 1984 Codes of Practice".

It recommended Sussex Police should "ensure that clear advice is provided to all officers about the limitations on this stop search power; in particular, the power can only be used for stop and searches relating to terrorism and only where the purpose is to search for articles of a kind which could be used in connection with terrorism."

The ruling added that the officer who carried the stop/search "demonstrated a poor understanding of the limitations on the stop/search under the Terrorism Act which has in turn led him to undertake an unlawful stop and search".

However the IPCC said there was insufficient evidence to suggest that Mr. Catt was specifically targeted as a means of harassment or intimidation.

A Sussex Police spokesman said: "We have received the findings of the IPCC and they will be acted upon. In particular, this guidance will be taken into account in the briefing of officers for next year's Labour Party Conference in Brighton."