Mr Tymon was accused of intentionally obstructing an enforcement officer in the execution of a High Court writ during a protest against the eviction of a vulnerable man, Mark X. Mark X was being evicted to make way for the gentrification of his property in Kilburn, London. No alternative housing had been offered and a previous eviction in similar circumstances had resulted in the suicide of the individual removed from his home.
Police forcefully removed Mr Tymon and other protestors from outside the property. Mr Tymon was the only protestor facing prosecution.
On the day of trial, the CPS provided for the first time the warrant for possession of the property which had formed the basis for the arrest and prosecution. This warrant was fundamentally flawed and it was successfully argued that Mr Tymon could not, therefore, be convicted of any offence.
Mr Tymon commented that "local people fear the re-emergence of Rachmanism and the hounding of innocent people such as Mark X from their homes in order for landlords only to serve the interests of the wealthy. This case shows that by standing together ordinary people can fight back."
Tom Copeland was instructed by Alastair Lyon of Birnberg Peirce and Partners. Tom is a pupil barrister at Garden Court Chambers.
