He has landed himself in jail
A judge questioned the case against a protestor who pleaded guilty to violent disorder after watching a number of videos supplied by the prosecution.
Gary Harkness, aged 51 of North Road West, Plymouth had previously pleaded guilty at Plymouth Magistrates’ court to the charge of violent disorder on August 5 in Plymouth city centre, accepting his role in the large scale disorder.
He was remanded into custody and appeared along with three other men before Judge Robert Linford who heard from prosecutor Lewis Aldous who said Harkness was prolific throughout the evening and on numerous occasions was captured on CCTV or BodyWornVideo cameras ‘front and centre’ as police attempted to push crowds back. He was abusive towards officers and made a “nuisance of himself”.
He was alleged to have pushed back at a dog handler causing the dog to go towards him.
However, after showing two videos in evidence Mr Aldous was interrupted by Judge Linford who accepted Harkness was clearly present and in the front row but went on to query the charge itself.
He said people were entitled to protests and throw their arms around, “but as long as they’re not using threatening behaviour it’s not an offence, is it?”
Prosecutor Lewis Aldous went on to show a third video showing Harkness near the Minster Church being pushed back by a dog handler and putting his hand up towards the officer.
Judge Linford then called for a halt to proceedings, cleared the court and went into chambers to carry out discussions with the prosecution.
After around half an hour the court returned and a third video was shown whereupon Harkness’s advocate Zoe Kuyken said her client accepted he made the comments “f*** off, come on”, had pushed at a riot shield, and waved his arms about but while he accepted was a threat of unlawful violence but did not accept was that he was physically violent on any occasions and thus this was his basis of plea.
Mr Aldous explained that Harkness had been at work and was walking home and did not know about the protest. He admitted he had been drinking a lot and could not remember much about the incident but had seen the news, claiming he thought it would be a vocal but not violent incident.
The court heard that between him and a friend they had drunk “17 or 18 cans” of alcohol and “three quarters of a bottle of tequila between them”. The court was told Harkness admitted to being a “binge drinker” and was “steaming drunk and absolutely annihilated and didn’t really know what he was doing”.
He claimed he saw the placards, but had no political allegiance himself, was “not a racist”, was ex-military and suffered from PTSD. The court was told he had nine convictions for 14 offences including a 2018 conviction for possession of a prohibited weapon and possession of a controlled drug.
Ms Kuyken said Harkness had gone to help a man on the floor when he was pushed by police and pushed back at the shield. He denied taking part in a “violent altercation” but accepted he did make the comments accused of him. He still struggled with drink, suffered PTSD from his time in the army where he particularly worked with dogs and worked helping a friend’s waste management role, which he had now lost due to photographs of him at the disorder appearing in the media. His fiancé was at the back of the court and Ms Kuyken said Harkness regularly helped his elderly mother but this was no longer going to be possible.
Judge Linford said he accepted Harkness’s explanation that he did not align himself with either faction but became involved and the consequence was he pleaded guilty to violent disorder. He said the plea accepted that he threatened unlawful violence. He said he had watched the CCTV and the case was opened as if he was “a prolific” but while he agreed Harkness was “prolifically vocal” he was unable to hear threats and as such he could not be satisfied that he was issuing racist threats.
He said that of the people he had sentenced so far “you are the person that provides me with the most difficulty because it cannot be levelled that you hit anyone, neither have you thrown anything, neither is it said that you spat at anybody”, but Harkness accepted he was party to the disorder and that “anybody party to this disorder has to receive a custodial sentence”.
As such, noting the mitigating and aggravating factors – including his PTSD “as a result for service to this country” and that he was “one of the least involved that I have had to sentence” – Judge Linford handed Harkness a jail sentence of 12 months of which he would serve half before being released.
As he was led away Harkness said: “I apologise for my outburst, sorry again your honour”.
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