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HOMELESS CAMP SCORES LEGAL VICTORY AGAINST MANCHESTER CITY COUNCIL
 

Star date: 30th September 2015

COUNCIL LOSES TWICE IN ONE DAY - COSTING MANCHESTER TAX PAYERS THOUSANDS OF POUNDS

Manchester City Council was almost laughed out of court today as it sought to jail homeless people and their supporters for breaching an injunction, when it couldn't state what the breach was; and, secondly, for trying to evict members of the Homeless Camp from a small strip of land on Oxford Road, failing to comply with the court's own rules.

The Council lost both cases with costs, running into thousands of pounds, being awarded to the defendants. Solicitor Simon Pook of Robert Lizar's said "Today we got justice, we won a battle but the war simmers..."

Full details here...


Manchester Homeless Camp
click image to enlarge

Today, Manchester City Council went to Manchester County Court to try and enforce an injunction which could have led to seven defendants facing up to two years in prison.

The injunction, granted in July (see here), forbids people from "erecting and/or occupying tents or other movable temporary forms of accommodation for the purposes of or in connection with protests or similar events arising from or connected with the claimant's [Manchester City Council] homeless policy on land", within a specified area of the city. 

Members of the Homeless Camp claim that they are not protesting about the Council's homeless policy, just erecting a safe space to sleep. Indeed, in court today, the Council presented no evidence of what the defendants are alleged to have done to break the injunction. It was "Wholly inappropriate to seek to commit people to prison in the absence of an allegation of a breach" said Circuit Judge Gore

Dr Rhetta Moran, of the human rights group RAPAR, who was in court all day added: "Judge Gore was compelled to describe  Manchester City Council's  application to the courts for homeless people to be imprisoned as containing a `fundamental defect' because they did `not set out, with any particularity, behaviours perceived to be in breach of injunction...' No dates, no descriptions...

"He went on to describe the Council's actions as `A fundamentally misconceived and inappropriate way to advance criminal proceedings, where the party [Manchester City Council] seeks that the court orders to commit people to prison'" she added.

The judge dismissed the Council's application to have the defendants committed, although the injunction still stands. Costs were awarded to the defendants.

Earlier, Manchester City Council had also sought to enforce a possession order on the small strip of land on Oxford Road where tents have been erected following the eviction of The Ark nearby twelve days ago (see here). Given that the Council was not party to the original order which was brought by Manchester Metropolitan University, this was again dismissed by the judge, listing "serious failures to comply with the rules, practice directions and court orders." And, again, costs running into thousands of pounds were awarded to the defendants.

Speaking after the case, solicitor Simon Pook of Robert Lizar's which represented one of the defendants, slated Manchester City Council...

"Today's cases only served to waste council tax payers' money" he said "People must ask themselves `Is trying to reclaim a strip of land 3ft wide and 20ft long a good use of tax payers money?' Manchester City Council must look at other ways to assist the street homeless people of Manchester."

Rhetta Moran of RAPAR agreed: "Why should we trust a public body, i.e. the leaders of  Manchester City Council, who would even think about, let alone actually physically try using our money, to abuse the legal processes of this country, against anyone, homeless or not, in this way?

"On Sunday" she added "RAPAR will be marching alongside everyone else who rejects the austerity, and the racism that underpins it, being advanced by those in Government and their Labour DevoManc friends in the leadership of Manchester City Council."

And Simon Pook concluded: "Justice is for everyone, not just the elite. Today we got justice, we won the battle, but the war simmers..."


See also previous related Salford Star article...

Manchester Metropolitan University slated by its own staff after eviction - click here

patrick cullimore wrote
at 18:52:29 on 27 February 2016
rhetta moran britain owes the refugees nothing at all,keep your nose out you do gooder.no wonder britain in such a mess with people like you get lost you scum.
?
Seán South wrote
at 13:53:50 on 01 October 2015
The issue of street homeless is not one that can be ignored. Manchester City Council are it appears, rightfully embarrassed by their inadequate service provisions.. Criminalising a section of our community is a misconceived solution. So too is the use of 'intelegence' circulated by 'partner agencies' wrongly stating the street homeless are environmental protesters! Rather than using terms and jargon maybe Manchester City Council and Manchester Metropolitan University should tell us...who are the 'partner agency' is Greater Manchester Police? Why hold secret meetings where information is circulated about the street homeless? Is it the case that the 'intelegence' will be exposed as state rouse, served to justify oppression at those who seek change. Victory to the street homeless, shame on those who hide in the shadows and peddle the state lies! As Pook says Justice For All Not Just The Elite!
?
RoughSleeper wrote
at 13:53:08 on 01 October 2015
Hi Ryan mcphee Respect, for all that you have achieved, and made the public aware of. We need fighters in this game. "Im very concernced that yet again its Rhetta Morans name is mentioned from RAPAR! well im sorry but Rhetta and rapar do nothing for us EXCEPT take credit for others work! I do speak to Rhetta and she tried using me for her own beneifit with BBC." I find that all the the top charities that claim to help us, whilst making newsadverts to increase their salaries, do exactly the same thing. Again, Respect! (8.8992 x 10K hours expertise, Boots on the ground, 3708 Days, @ 1.5156 pence/day)
?
allconm@gmail.com wrote
at 10:15:13 on 01 October 2015
Manchester and Salford council both share legal departments. https://www.youtube.com/watch?v=0-JNCjxwwIs. There is no real separation between the courts and council
?
Ryan mcphee founder of The Ark Manchester wrote
at 10:15:06 on 01 October 2015
Im very concernced that yet again its Rhetta Morans name is mentioned from RAPAR! well im sorry but Rhetta and rapar do nothing for us EXCEPT take credit for others work! I do speak to Rhetta and she tried using me for her own beneifit with BBC.
?
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