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London Underground worker found not guilty of 'politically motivated' charge

Court victory for RMT rep accused of 'intimidation'

A LONDON UNDERGROUND worker was found not guilty yesterday after months of “political prosecution.”

Train driver and transport union RMT branch secretary Mark Harding was told he was free to go, having been arrested under section 241 of the Trade Union and Labour Relations Act in February, accused of intimidation by former Transport for London graduate trainee Gareth Scott.

Mr Scott, who crossed an RMT picket line at Hammersmith Tube station, called the British Transport Police after suggesting Mr Harding had called him a “scab.”

The RMT official denied all charges.

“I did nothing wrong on that day except ask somebody not to go to work and respect a picket line,” Mr Harding said after he left Hammersmith magistrates’ court on the shoulders of fellow trade unionists. 

The case prompted widespread alarm and many regarded the prosecution as politically motivated. 

“It shouldn’t be forgotten that this prosecution arose from the dispute on London Underground over savage cuts to jobs, services and safety and that fight continues,” said RMT acting general secretary Mick Cash.

Despite deciding to disregard the testimonies of defence witnesses, trial judge Ms Justice Baine declared that Mr Harding had not committed a criminal offence.

As she spoke, loud gasps of relief came from the public gallery.

Speaking to the Star after hearing the verdict, Mr Harding said his biggest concern was the implications of the case.

Had things turned out differently, he was certain that in future people picketing would be concerned “that an individual can say something without any evidence and the law, the courts believe them.”

The union reiterated this view. 

“This is an important victory not just for RMT but for the whole trade union movement and has significant implications for every single trade unionist taking action and seeking to picket effectively at the workplace,” said Mr Cash.

Mr Harding and his defence team were keen to highlight that the BTP was willing to escalate his case in a time of cuts to legal aid — “a scandalous waste of public money,” said Mr Harding. “I’m happy it’s over.”

The trial became noted for the unabated support of RMT members, who showed up at each hearing in their dozens. 

Yesterday’s session was no different, with trade unionists holding placards and a series of banners while chanting:

“Drop the charges or we’ll go on strike!”

Chairman of the TfL RMT number-one branch Paul Rutland spoke emotionally about Mr Harding’s victimisation.

“The whole process … it was a disgrace.

“The result for Mark is absolutely superb, we couldn’t have asked for something better.”

The Act’s section 241 was recently used to prosecute two Yorkshire anti-fracking activists. Their charges were eventually dropped.

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Star comment: p8

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