A jury struggles to reach a verdict in the trial of a climate protester who allegedly stopped a train headed to Drax power station.
Dr. Diana Warner, 65, is a climate protester. She was walking by the railway near the power station, wearing bright orange clothes. She waved an orange flag on December 14, 2021, resulting in a 400-meter freight train stopping.
Warner denies obstructing the railway, which violates the Malicious Damage Act of 1861. The jury, consisting of seven men and five women, began their verdict deliberation on Tuesday. After an hour, the jury sent a note to Judge Guy Kearl KC saying they had a moral issue and asked what they should do.
Judge Kearl said conscience isn’t a basis for verdicts. Jurors must apply the law to the facts. He defined the law for them and stated they defined the facts of the case. He reminded them of their oath.
Jurors pledged to decide based on evidence and must not base their decisions on conscience. The judge stated they should notify him if they couldn’t abide by the oath. The judge sent the jurors home for the night, with deliberations resuming Wednesday morning at 10:30 a.m.
Warner told the jury about her protest concerning the power plant’s impact on climate change, which took place on Monday. She planned to be in court in London that day, facing charges for violating an order restricting her from the M25 motorway. This followed her participation in Insulate Britain protests that halted traffic on the motorway, for which she was jailed for two months for contempt.
Warner believed stopping the train would gain publicity and highlight her climate campaigning instead of going to court. The jury saw a video of Warner filmed by the stationary train, where she called Drax “the most ridiculous power station.” She explained the plant burns wood pellets, “chomping through so many trees” & consuming forests.
Warner told the jury why she objects to Drax: she stated trees should never be burned for fuel. She sees them as our heritage and believes they are our lifeline.
The prosecutor, Oliver Connor, addressed the jury stating the sole question was obstruction: did Warner obstruct the train? Connor stated stopping the train clearly obstructed it.
Rosalind Burgin defended Warner and noted the train stopped briefly and was cleared to proceed quickly. No delays or costs occurred. She said the case was excessive, given the minor harm caused.