Posts Tagged ‘Chez Cotton’

Met Apology for Photographer’s Parade Arrest

9th December, 2011

Police officers block Jules's camera, dislodging a lens hood, during the incident. photo Jules Mattsson

The London Photographers’ Branch congratulates its member Jules Mattsson in winning his case against the actions of the Met police when he was covering an Armed Forces Day parade in Romford last year. Jules kept calm, recorded the incident and argued for his rights in an intimidating encounter with the police. During the encounter he was abused, assaulted and threatened under the Terrorism Act and falsely imprisoned. Jules was 15 at the time and a student but had the support of branch officials at the scene and the national union in successfully pursuing justice with the help of leading civil rights solicitor and friend of the NUJ, Chez Cotton.

NUJ Legal Officer Roy Mincoff said:

“This was very poor and unlawful behaviour by a senior police officer, trying to intimidate a young NUJ photographer. It is not acceptable conduct, has no place in the police force and is hardly likely to gain respect for the police amongst the youth of the UK. The police have now recognised this, apologised and compensated our member. The NUJ will continue to hold the police to account to ensure that the vital rights of journalists, enshrined in law, are upheld, to enable reporting and photographing to continue, as part of the democratic framework of our society.”

Read the full Bindmans statement:

Met Commissioner compensates journalist arrested for taking photographs in public place and told to stop “running round acting silly, being stupid and gay”

 

Parliamentary Seminar: Who’s Afraid of Photographers?

10th December, 2010

Wednesday 27 October 2010 saw the National Union of Journalists (NUJ) seminar “Who’s Afraid of Photographers?” held in parliament. The meeting was set into three themed elements with an introductory speech by Liberal Democrat MP Don Foster.

MP Don Foster spoke of the importance of both professional and amateur photography, highlighted the misuse of various laws by police to restrict and stop public photography and called for Section 44 of the Terrorism Act to be repealed.
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Branch member wins £30,000 compensation for G20 assault

10th December, 2010

Press release from Bindmans about branch member David Hoffman‘s successful legal action against the police:

The well known and highly respected National Union of Journalist member David Hoffman, who is represented by Chez Cotton, head of the Police Misconduct Department at leading civil rights law firm Bindmans LLP, has received £30,000 damages today from the Commissioner of Police for the Metropolis.

Mr Hoffman was working in a professional capacity covering the G20 protests.  Despite being out of the way and not interfering with any police operation, an inspector in full riot gear ran towards Mr Hoffman and hit him in the face with a shield, fracturing Mr Hoffman’s teeth. As well as paying compensation and the cost of the extensive dental work that has been required, the Commissioner of Police of the Metropolis has also apologised to Mr Hoffman for the treatment he received and has confirmed the force’s recognition that journalists have a right to report freely.

Mr Hoffman’s solicitor Chez Cotton says:

“Journalists such as my client are critical in disseminating information into the wider public domain. Reporters and photojournalists play a significant role recording political unrest, political events, which includes recording protest and, if it arises, police wrong doing. That my client was assaulted by a police officer when carrying out this essential function, and brutally so, is shocking. Fortunately with photographic and film evidence of the incident and detailed testimony, Mr Hoffman has succeeded in holding the police to account. It is absolutely right that the Metropolitan Police Force has paid significant damages, given an apology and confirmed recognition and respect for a free press.”

The apology from the Metropolitan Police states:

“On 1 April 2009 well-respected social issues photographer David Hoffman was recording the G20 protests in the City of London. The Metropolitan Police Service (MPS) recognise that Mr Hoffman was entitled to report on that day but was caused injury by an MPS officer during the event, preventing him from doing so. The MPS confirms its recognition that freedom of the press is a cornerstone of democracy and that journalists have a right to report freely. The MPS apologise to Mr Hoffman for the treatment he received and have paid compensation.”

NUJ Legal Officer Roy Mincoff said:
“David Hoffman suffered very painful injuries as a result of this entirely unnecessary gratuitous and violent assault on him while properly and professionally going about his work. The role of journalists, including photographers, as the public watchdog, must be respected. It is one of the essential elements of a democratic society that journalists are entitled to inform the public, which itself is entitled to be informed. The NUJ has fought for this to be recognised, and is pleased that the Police has now accepted responsibility and properly compensated Mr Hoffman.”

Jeremy Dear, NUJ General Secretary said:

“No journalist should be singled out by the police and the police service has no legal powers or moral responsibility to prevent or restrict photographer’s work. Journalists have a duty to record and report on public protests as well as the behaviour of the police.  David’s case is a shocking example of police brutality and totally unacceptable. We believe that attacks on working journalists are attacks on democracy and on society’s ability to make informed decisions. The NUJ will continue to take action in support of our members when they are targeted by police.”

Background to the case

Mr Hoffman, a well respected social issues journalist and member of the National Union of Journalists, attended in a professional capacity to report on the G20 protests on 1 April 2009 in the City of London. Throughout the event Mr Hoffman was carrying professional equipment and had his Press Card clearly visible around his neck and was obviously a journalist.

Mr Hoffman took photographs at various sites throughout the day.  At around 4 p.m. police in the Bank area stopped Mr Hoffman and others from moving forward and tried to push everyone back.  However, due to the size of the crowd behind Mr Hoffman there was nowhere to move back to.

After about ten minutes the police intensified their action and started to push Mr Hoffman and the others in the crowd using their shields and batons aggressively, even though there was still nowhere to move back to. Mr Hoffman was standing beside a line of police officers and was for no reason pushed hard by an officer, to one side.

Mr Hoffman saw a space and was anxious to avoid any further trouble.  He moved to one side so that he was further away from the police. Whilst doing this, Mr Hoffman was suddenly hit for no reason with considerable weight in the back by a policeman using his shield. This threw him violently into the back of a man in front of him.

Mr Hoffman moved even further away form the police and was  partly shielded by some builders’ boards.  He remained in this position, out of the way, and watched the events around him with his camera raised, ready to report. He was doing absolutely nothing wrong and was photographing without interfering in any police operation.

A few seconds later a heavily built inspector in full riot gear suddenly left the group of police officers he was with, ran directly towards Mr Hoffman, and deliberately hit him hard in the face with a shield. The shield made contact with great force, causing Mr Hoffman considerable pain and causing one of his cameras to fly round where it was knocked, causing damage to the equipment. Mr Hoffman was shocked and in pain from the shield hitting him and was thrown backwards.

It was subsequently confirmed that Mr Hoffman’s teeth had been fractured.  Mr Hoffman instructed Chez Cotton of Bindmans LLP to act on his behalf and the Commissioner of Police of the Metropolis. Proceedings were issued and the claim was settled shortly after the Particulars of Claim were served. The terms of settlement were agreed by Consent between the parties. The Central London County Court sealed the agreement at the beginning of December and the Commissioner of Police has today paid the damages in full.

Panel discussion on the Future of Street Photography

2nd November, 2010

At our last branch meeting we heard from an expert panel about the future of taking photographs on the street. Lawyers Chez Cotton and Anna Mazzola from Bindmans and Hickman & Rose respectively, talked about their experiences dealing with actions against the police. Photographers Andrew Testa and Grant Smith showed some of their work and how they had been hindered by police and security guards when working. Finally NUJ General Secretary Jeremy Dear talked about the unions history and activity defending photographer’s rights.

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October Branch Newsletter

12th October, 2010

Will Street Photography still be around in five years time?

Tuesday 26th October, 6pm at Headland House.

At this month’s branch meeting we will have an expert panel talking about whether the ConDem government will defend photographer rights over the next five years. Speakers will talk about the subject from their area of expertise before the discussion is opened to the floor.

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PCSO unlawfully deleted photographers images

8th July, 2010

Image © James MacKay

Branch member photojournalist, James Mackay, represented by Chez Cotton, head of the Police Misconduct Department, at leading civil rights law firm Bindmans LLP, has succeeded in a complaint against the British Transport Police after he was unlawfully ordered by one of their officers to delete photographs he had taken on the basis that he “was not allowed to photograph the police.”

The journalist, who predominantly works on issues in and surrounding Burma and currently is working with exiled organisations on a global campaign to raise awareness on political prisoners in Burma, was passing through Waterloo mainline station on his way to catch a flight on 8 May 2009 and witnessed a number of Police Community Support Officers (PSCOs) apparently detaining a male.

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Hostile Reconnaissance

13th April, 2010

The London Photographers’ Branch is proud to announce a pre-election rally on Terror Laws, Civil Liberties & Press Freedom at 7pm on the 13th of April at Friends Meeting House in Euston.

The rally will be chaired by photographer Jess Hurd and we’ve got a top lineup of speakers who have dealt with the raft of terror laws that we face today:

Supporting the rally are the National Union of Journalists, NUJ London Central Branch, London Freelance Branch and the I’m a Photographer, Not a Terrorist! campaign group.

This is a free event, open to the public.

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