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Pipeline protester jailed for breaching High Court injunction

Scott Breen was previously among the group of campaigners who occupied a network of tunnels under a small park next to Euston station.

Tom Pilgrim
Tuesday 06 September 2022 17:51 BST
Scott Breen (Dominic Lipinski/PA)
Scott Breen (Dominic Lipinski/PA) (PA Archive)

An environmental activist has been jailed for 112 days after he ā€œfloutedā€ a High Court injunction aimed at preventing disruption to work on a 105km-long aviation fuel pipeline.

Scott Breen dug and occupied a 6-8ft pit and constructed a ā€œrickety wooden shedā€ next to the M25 at Chertsey in Surrey as part of a protest against the operations of oil company Esso on the Southampton to London Pipeline project (SLPP).

The 48-year-old, whose is nicknamed ā€œDiggerā€, admitted breaching the court order and was jailed by a High Court judge following a hearing at the Royal Courts of Justice (RCJ) on Tuesday.

The protester, dubbed by Essoā€™s lawyers as a ā€œknown tunnellerā€, was previously among the group of campaigners who occupied a network of tunnels under a small park next to Euston station in central London in January last year as part of a protest against the HS2 railway line.

Esso Petroleum Company Limited, owned by ExxonMobil, was granted an interim injunction against Mr Breen and ā€œpersons unknownā€ at a hearing last month, which included a requirement that Breen leave his pit within 72 hours of service of the order on him.

In his ruling on Tuesday, Mr Justice Ritchie said Breen had been ā€œarrogant, dismissiveā€ and ā€œsought to cause chaosā€ by failing to engage in the process of enforcing the injunction.

ā€œThe defendantā€™s approach to the court order was to flout it continuously,ā€ the judge said, adding that Breen sought to ā€œpubliciseā€ his breach on social media.

Breen was led away in handcuffs from Court 14 of the RCJ after shaking hands and hugging supporters who burst into a round of applause.

The SLPP, which received development consent in October 2020, aims to replace 90km of pipe between Boorley Green in Hampshire and Essoā€™s west London terminal storage facility in Hounslow, near Heathrow Airport.

Replacing the pipeline originally constructed in 1972, it will help keep 100 tankers a day off the road, Esso claims, and is due for completion next year.

The project has been targeted by protesters interfering with equipment and ā€œattackingā€ it with angle grinders, the High Court was previously told.

Timothy Morshead QC, representing Esso on Tuesday, told the judge that ā€œnothing less than immediate custodial sentence will meet the mischief in this caseā€, adding that ā€œanything less than that is going to be presented as a victoryā€.

Breenā€™s barrister, Annabel Timan, said the activist apologised, ā€œfully accepts that he was in breachā€ and would ā€œundertake not to engage in any further incursions on the landā€.

ā€œMr Breenā€™s motivation has always been to draw attention to climate change,ā€ she said, adding: ā€œWe are in a climate crisis.ā€

Ms Timan, who argued that the activist could receive a suspended sentence, said of his actions: ā€œThere was no danger to the public, the danger was very much to Mr Breen.ā€

Mr Justice Ritchie said the SLPP was a ā€œstrategic construction of national importance for businesses, members of the public and for the gross domestic product of the United Kingdomā€.

The judge noted: ā€œThere is nothing wrong with protesting and itā€™s the right of citizens of England and Wales to do so, but they must do so within the law.ā€

He said that after digging his pit, and being ordered to leave, Breen made a ā€œjerry built and dangerousā€ wooden structure out of pallets ā€œso that police were unlikely to arrest himā€.

The judge said he was not given specific figures of the loss to Esso caused by Breenā€™s actions, but said the ā€œprejudiceā€ to the company was ā€œlikely to be in the tens of thousands of pounds and possibly in the hundreds of thousands of poundsā€.

Breenā€™s witness statement showed ā€œvery little insight into the effect of your actionsā€, the judge said, with this including ā€œthe waste of money that you caused to the emergency services, the police and the court serviceā€.

Mr Justice Ritchie said he would not suspend Breenā€™s sentence, telling him: ā€œI consider that you think you are not bound by the law.ā€

The judge added that the protester continues to be a ā€œdangerā€ to Esso and other petrochemical companies at a time when the country may have ā€œwholly inadequate suppliesā€ for heating places such as schools and hospitals.

Breen was also ordered to pay a Ā£1,500 fine.

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