Two pro-Palestinian activists found guilty of harassing a government minister have had their convictions overturned.
Ayeshah Behit, 32, and Hiba Ahmed, 26, were in June found guilty of the offence against the Labour MP for Pontypridd, Alex Davies-Jones, at Cardiff Magistrates’ Court.
The pair challenged the ruling, asking for the verdict to be determined by a crown court, as they denied they harassed Ms Davies-Jones and argued they were exercising their right to free speech.
At Cardiff Crown Court on Wednesday, Judge Tracey Lloyd-Clarke said the prosecutions were unnecessary and allowed both appeals.
Ms Behit and Ms Ahmed had filmed a confrontation with Ms Davies-Jones, who had been campaigning in Treforest, Rhondda Cynon Taf, in the run-up to the general election, on 26 June last year.
As she made her way to the campaign meeting place, she saw Ms Behit and Ms Ahmed with leaflets which suggested she was a “full-blown supporter of this genocide” – referring to the Israel-Hamas conflict.
Ms Davies-Jones told the court she was aware of what was on the leaflets and had initially approached the defendants in an attempt to defuse the situation.
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She said they asked why she had abstained on a Commons ceasefire vote and she decided to end the conversation when it became “confrontational”.
A video of the interaction was played in court, with the pair shouting as the MP walked away.
“It was becoming quite scary,” said the MP, who is now parliamentary under-secretary of state for victims.
An edited video of her interaction was later posted on social media, with suggestions that she was racist and Islamophobic.
Ms Ahmed, who has no previous convictions, was given a 12-month conditional discharge in June.
Ms Behit, who had a previous conviction relating to a protest in Cardiff last year, was handed an 18-month conditional discharge.
During the three-day appeal hearing, representatives for the pair argued their actions did not amount to harassment and were a reasonable exercise of their rights to freedom of expression.
Francesca Cociani, for the appellants, said: “It was not only in a public place but it was within her constituency… In the middle of a national campaign for the general election.”
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Judge Lloyd-Clarke said the actions of the two activists amounted to a “planned and well-orchestrated campaign” which had the aim of harming the electoral prospects of Ms Davies-Jones.
But she noted that “less intrusive” measures such as a police warning or civil action were not pursued before they were prosecuted.
“Nothing in this judgment implies, or should be taken to imply, that there is any truth in the accusations made by the appellants about Ms Davies-Jones,” the judge added.
“We are not satisfied that a prosecution was necessary… the appeals of both defendants are allowed.”
