Napier Barracks: Wrongfully arrested journalist gets police apology

The protest took place amid calls for Napier Barracks to close

A journalist who was falsely arrested after photographing a fake blood protest at the controversial Napier Barracks asylum centre has received an apology from police.

At the demo on 28 January, protesters threw buckets of fake blood at the barracks gates in Folkestone, Kent.

Andy Aitchison, 46, was arrested on suspicion of criminal damage in front of his wife and children.

Kent Police has now issued an apology and accepted his arrest was unlawful.

In a statement, the force said: "Kent Police's Chief Constable has issued an apology to a 46-year-old man who was wrongfully arrested on suspicion of criminal damage in Folkestone on 28 January 2021.

"The man was also wrongfully issued with a fixed penalty notice in relation to coronavirus restrictions which was rescinded when it became clear he was working in his capacity of being a photo-journalist.

"The force accepts that a witness account which led to the arrest was without foundation. Accordingly, the arrest, detention and search of the man's home were unlawful."

'Importance of free speech'

In a letter to Mr Aitchison, the Chief Constable of Kent Police, Alan Pughsley, said: "Further to the damages received by Mr Aitchison in compensation, I apologise unreservedly to him for his unlawful arrest, false imprisonment and breach of his human rights.

"I expressly acknowledge there was no culpability on the part of Mr Aitchison who was performing an important function publicising the protest in the public interest," he said.

"I recognise the fundamental importance of free speech and the independence of journalists; I accept they should not be at risk of arrest and of having their equipment seized when acting lawfully in reporting matters of public interest."

Protesters threw fake blood at the gates on 28 January

In a letter sent to Kent Police from Mr Aitcheson's lawyers at Bindmans, they said the married father-of-two had photographed the protest before returning to home-school his children.

The letter said officers arrested him on suspicion of criminal damage in front of his wife and children and searched his home.

His lawyers said police wrongly seized journalistic material and took DNA samples and fingerprints.

Mr Aitcheson's legal action against Kent Police was supported by the National Union of Journalists (NUJ).

A spokesman for the NUJ said: "We are delighted with the outcome, in particular the acknowledgment by Kent Police that journalists should not be prevented from carrying out their jobs. A victory for journalism and journalists."

Mr Aitchison said: "This feels like a very important outcome, that the police have acknowledged that photographers and journalists have a right to work.

"We must be able to work without fear of arrest and freedom to independently report on events."

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