TWO anti-lockdown protestors have been found not guilty of holding an illegal gathering in Truro in November last year.

Lance Murdoch, aged 37 of Albert Road, Poole, and Shelley Tasker, aged 44, of Pendarves Street, Beacon, Camborne, both appeared at Exeter Magistrates’ Court yesterday, July 19, for trial before Deputy District Judge Hine.

They had both been charged that on November 14, 2020 at Truro, without reasonable excuse and other than as permitted by the regulations, held or were involved in the holding of a relevant gathering consisting of more than 30 persons and taking place on land that was a public outdoor place, namely High Cross, Truro. Both pleaded not guilty.

The anti-lockdown protest, called The Cornwall Freedom rally and organised by the Save Our Rights organisation, was held in front of Truro Cathedral.

Just two weeks before, Prime Minister Boris Johnson had announced that the country would be locking down for four weeks from November 5 to December 2 to try and contain the virus before Christmas.

People were told they had to stay at home by law except in exceptional named circumstances.

The prosecution said because the pair had addressed the crowd they were guilty of ‘holding’ the gathering.

Police body-cam video, shown to the court without sound, showed Mr Murdoch addressing the crowd through a microphone connected to a PA system. The video then showed police moving in and arresting Mr Murdoch.

Shelley Tasker is also seen, but again not heard, addressing the crowd through a megaphone from a bench before walking through the streets with other protestors.

Prosecutor Mrs Hodges said they were involved in the holding of the illegal gathering because they did more than just attending as both spoke using the loudspeaker and that, after Mr Murdoch’s arrest, Miss Tasker led a march while carrying the loud speaker.

But when called by the defence, Mr Murdoch told the court he was invited to speak at the march as a guest and had no involvement with ‘holding’ the rally.

Under questioning by Deputy District Judge Hine he said he “categorically did not” have any responsibility in holding the gathering. Shelley Tasker chose not to give evidence.

Finding Miss Tasker and Mr Murdoch not guilty of the charges, Deputy District Judge Hine said that the prosecution had failed to show any evidence that the pair were guilty of ‘holding’ the gathering as ‘holding’ was impossible to define in this context.

“The crown have to prove this charge, nothing less will do, and it is up to the Crown to go over every aspect of that case,” he said.

“As far as I am concerned this prosecution fails at the first hurdle. It has to because those things have to be proven by the Crown that it’s not a relevant gathering and therefore because I am not sure of that I cannot be sure that this is an excepted gathering.

“As far as other issues I don’t have to decide on those but I will say this, that the term holding is an unhelpful term in the legislation.

“I have been ‘toing and froing’ in my mind whether having a loudspeaker on a bench is holding a gathering and couldn’t make a decision one way or another.

"A, because I don’t have to and B, because if I do it will have to go up to people above me to decide what it actually means and it’s going to lead to all sorts of problems, I can see it.”