Joe’s not guilty plea

In the foreground are two police officers in yellow jackets and police hats, and in the background between them you can see Joe seated on the ground with a placard showing the earth.

I have recently retired after for 26 years in the NHS as a psychotherapist.  I am also a mindfulness teacher in the Buddhist tradition. Over the years of my practice I have developed a familiarity with my inner life which ensures that I do not act impulsively. My decision to occupy the road on the 18th October was based on a long period of reflection, research and discussion with friends.

My reasons are as follows:

That we are in a situation of climate and ecological breakdown is now established beyond any reasonable doubt. The IPCC report in 2018 stated that: ‘only rapid far-reaching and unprecedented changes in all aspects of society’ will hold any chance of reduce the effects of climate disruption, which includes armed conflict over resources, famine, flooding, mass extinction of species including insects and coral reefs, increasingly frequent weather events such as wild-fires, hurricanes. This is not some dystopian science fiction, or a wild alarmist shouting about end of the world, but the conclusions from thousands of research papers around the world by our best scientists over many years.

The crisis is not just happening at some comfortable distance or happening in a remote date in the future. From various studies across the world in the last year we know that we have already lost 75% of insect species, half of all wildlife, half of our tropical forests, and 24 million people were forced to move due to climate instability this year and this set to increase hugely. To take a couple of statistics in detail: we have now lost 90% of our nightingales, and 75% of our butterflies. Will our children grow into a world without butterflies – without the song of the Nightingale? What kind of a world is it that does not respond in the face of such tragedy?

I am alarmed and dismayed that in the face of this widely known and well-documented and proven evidence, that our Government’s response has been utterly inadequate.

 As a psychotherapist I am only too aware of the potentially lethal costs of denial of reality. Just as an alcoholic or a drug addict continues to destroy themselves whilst claiming they have everything under control, as a species we are sleep-walking toward the precipice. In the face of this I must ask myself what am I called upon to do? What truly matters? I have 2 children in their early 20s who on our current trajectory stand to inherit an impoverished, nightmare world ravaged by famine, storms, mass migration and war.

What am I to do as a parent, as a Buddhist, as a human being? What is the path of compassion, the path of wisdom in our current terrifying predicament? If there is anyone in this courtroom who has a better solution than the action I took on the 18th October, sitting in peaceful meditation on Oxford street, please tell me. I have been an activist for most of my life and believe me, have done everything else: petitions, planning responses, marches, letters to my MP, street actions. All worthy in themselves, but the evidence is clear to me: they were not enough, not nearly enough. My decision to engage in non-violent civil disobedience was not an easy choice, but I can see no other.

I would like to submit the defence of necessity. On this I note the following definition from Archbold (2019) .. (17- 117):

Stephen, Digest of the Criminal Law, p. 9, says that an act which would otherwise be a crime may in some cases be excused if the defendant can show:

(a)     that it was done only in order to avoid consequences which could not otherwise be avoided and which, if they had followed, would have inflicted upon him, or upon others whom he was bound to protect, inevitable and irreparable evil;

(b)     that no more was done than was reasonably necessary for that purpose; and

(c)     that the evil inflicted by it was not disproportionate to the evil avoided.”

To take each in turn:

a) That my actions were taken in order to avoid ‘inevitable and irreparable evil’ is I think beyond reasonable doubt. I can think of no other disaster in the history of our civilisation that comes close in scale and magnitude to the tide of horror and suffering which is gathering pace as we steadfastly look the other way.

b) I submit that sitting in the road was reasonable in that it was a given that all previous strategies to raise the alarm have failed to change our course.

c) I hope it is self evident that the evil inflicted – which was at the level of inconvenience to the public  – was not disproportionate to the evil avoided . Here we are comparing the possibility of some inconvenience to some members of the public with the certainty of incalculable suffering on already occurring on a global scale and which is set to intensify.

And so to conclude I submit that the defence of necessity applies in my case.

And from a personal perspective, non-violent civil disobedience is the path I have chosen, and did not choose lightly, but only after reflection and an examination of the evidence from my own experience of activism and from the evidence of its historical efficacy.

My conclusion, to summarise, is this:

As a society we are out of time.

And I   am out of options.

Thank you

Joe is a a vipassana meditation practitioner and teacher, psychotherapist and long-time activist.

Posts and articles are the views of their authors and not necessarily of the XR Buddhists group.

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