Ealing Abortion Clinic 'Protestor' Case Collapses
Christian Hacking had been arrested after praying outside Marie Stopes
( Photo: Met police
A man who was arrested and prosecuted for praying outside Ealing's Mattock Lane abortion clinic - contrary to PSPO rules - has had his case dropped.
Christian Hacking, 29 who is wheelchair-bound after breaking his back in a climbing accident, was arrested by police in August 2019 for failing to comply with a Public Spaces Protection Order (PSPO) outside the Marie Stopes clinic.
The PSPO around the clinic was the first of its kind to be introduced in the UK. The exclusion zone, upheld by the Court of Appeal in October 2019, prohibits a range of activities within a 100m radius of the clinic, including outlawing prayer. It states:
“[people must not engage] in any act of approval/disapproval or attempted act of approval/disapproval, with respect to issues related to abortion services, by any means. This includes but is not limited to graphic, verbal or written means, prayer or counselling.
Mr Hacking was praying outside the clinic, arrested and carried into a van by police officers on August 8. It marked the first arrest and prosecution and after pleading not guilty he was set to stand trial at Uxbridge Magistrates Court.
However, the case collapsed because police failed to caution Mr Hacking, who works part time for an American pro-life organisation, when they were about to arrest him.
The Crown Prosecution Service (CPS) sent him a letter stating that the charges were being dropped because there was not ‘enough evidence to provide a realistic prospect of conviction’.
A Metropolitan Police spokesman said: “A 29-year-old man was charged in August 2019 with failing to comply with a public space protection order following an incident in Ealing. The matter was subsequently discontinued.”
A CPS spokeswoman said: “We have a duty to keep cases under continuous review and, following a further assessment, we concluded there was insufficient evidence to provide a realistic prospect of conviction.”
A Marie Stopes UK spokesperson said: “Nobody should face harassment when accessing a legal, confidential health service, and the Safe Zone around the Marie Stopes West London clinic rightly prohibits a range of activities within 100metres, including prayer.
“It is disappointing to see wilful non-compliance with the PSPO fail to result in prosecution, however, the Ealing Safe Zone remains a vital measure to ensure anyone accessing abortion services has consistent and necessary protection from intimidation and harassment, and we continue to call for similar protections to be introduced across the UK.”
An Ealing Council spokesperson said, “Within our powers we have created a zone that protects people living, working and travelling through the area while also allowing for freedom of expression at a safe distance away. Our safe zone is working well and will continue to be enforced.
“We have investigated the reason why this prosecution was not successful, and have received assurance that this was as a result of a procedural irregularity and does not undermine the strength and validity of the PSPO”
November 21st 2019