Emma Smart arrives at Poole Magistrates
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An eco-activist who confronted Sir David Attenborough for not doing enough about climate change as he dined at a Michelin-star fish restaurant was today cleared of breaking the law over the disturbance. 

Emma Smart, 45, shouted ‘at the top of her lungs’ towards the broadcaster after finding out he was enjoying a meal at the Catch at the Old Fish Market in Weymouth, Dorset.

Smart was upset with TV star after accusing him of lying to her in a letter he sent to her while she was in prison for her part in an M25 Insulate Britain protest.

She said he told her he had retired from public speaking after COP26 in 2021 but she then found out he was filming the new BBC series ‘Wild Isles’.

In police bodycam footage from the incident, which was shown to magistrates, Smart appeared to criticise the 96-year-old for not doing more to support her and fellow activists.

Emma Smart arrives at Poole Magistrates' Court in Dorset this morning for her trial to begin

Emma Smart arrives at Poole Magistrates' Court in Dorset this morning for her trial to begin

Emma Smart arrives at Poole Magistrates’ Court in Dorset this morning for her trial to begin

Sir David Attenborough was dining in a Michelin-star restaurant at the time of the incident

Sir David Attenborough was dining in a Michelin-star restaurant at the time of the incident

Sir David Attenborough was dining in a Michelin-star restaurant at the time of the incident

Smart, a marine biologist, shouted at him: ‘The town I love, Weymouth, will be underwater and you sit there in this restaurant having dinner.’

The court heard Smart, an activist with the Animal Rebellion and Insulate Britain campaign groups, entered the upmarket fish restaurant on November 17 last year.

Staff blocked her from climbing the stairs to the second floor where Sir David was sitting before calling the police.

Smart was carried from the premises and arrested for failing to comply with a Section 35 order under the Anti-Social Behaviour, Crime and Policing Act 2014 to disperse from the area. 

Police who had been called to the eatery were worried about the impact the shouting would have on the elderly naturalist and asked Smart to leave. 

Smart, from Weymouth, denied the charge and was today found not guilty following a trial at Poole Magistrates’ Court.

A district judge found that the arresting police officers did not give her enough time to leave the area after she was ordered to do so.

She was supported in court by a band of fellow activists, one of whom at one stage shouted out ‘fish don’t have voices’.

Smart, an activist with the Animal Rebellion and Insulate Britain, told the court she went to the restaurant out of the ‘extreme climate grief’ she was feeling.

She said: ‘Sir David’s email address is public information, he sent me two pages in response to my letter that I sent in prison.

‘He said that he understood me but that he had retired from public speaking after COP26.

‘When I saw him speaking publicly on camera I felt that what he had said on that letter wasn’t true.’

In footage from the incident, Smart shouted up at the naturalist, pleading with him to support activists like her.

The video showed her hollering: ‘David Attenborough! I’m Emma Smart, I’m a biologist. I’m a scientist. There are 35 climate activists in prison right now. 

‘David, please stand up for us and support us. David, I have looked up to you my entire life and listened to you.

‘The town I love, Weymouth, will be underwater and you sit there in this restaurant having dinner.

‘I have spent my whole life just like you David. You said that you understood me. Are you risking everything? You can stop this. Don’t let them arrest scientists.’

Emma Smart smiles as she arrives in the rain at Poole Magistrates' Court in Dorset this morning

Emma Smart smiles as she arrives in the rain at Poole Magistrates' Court in Dorset this morning

Emma Smart smiles as she arrives in the rain at Poole Magistrates’ Court in Dorset this morning

Smart was wearing a jacket with the phrase 'deeds not words' as she arrived at court today

Smart was wearing a jacket with the phrase 'deeds not words' as she arrived at court today

Smart was wearing a jacket with the phrase ‘deeds not words’ as she arrived at court today

Smart turns around and smiles as she enters Poole Magistrates' Court in Dorset this morning

Smart turns around and smiles as she enters Poole Magistrates' Court in Dorset this morning

Smart turns around and smiles as she enters Poole Magistrates’ Court in Dorset this morning

Smart, from Weymouth, insisted that she was a peaceful protestor and never meant Sir David any harm.

She said: ‘I am always a peaceful protestor, I was never a threat to him.

‘Had David come down and said that he didn’t want to speak to me I would have left immediately.’

Police officers repeatedly asked Smart to leave before they arrested her for causing a disturbance.

Victoria Hill, prosecuting, said: ‘The defendant was demanding to speak to David Attenborough who was in the restaurant that evening.

‘She was told by the police officers that she was not going to be able to speak to him and asked to leave the premises.

‘When she didn’t she was removed from the premises and once outside, and while inside being escorted out, she was shouting towards him.

‘As a result she was arrested, when she was interviewed by the police she offered no comment.’

PC Callum Hall told how Smart dropped to the floor like a ‘dead weight’ and had to be carried out by her arms and legs.

He said: ‘We got there at around 8pm and spoke to Emma’s partner outside the restaurant.

‘He told us that they had technically kidnapped his wife by locking her in the restaurant.

‘We entered the building and there was a member of staff blocking the way for Emma to get to the second floor where David Attenborough was.

Smart was alleged to have refused to leave the restaurant in Weymouth last November

Smart was alleged to have refused to leave the restaurant in Weymouth last November

Smart was alleged to have refused to leave the restaurant in Weymouth last November 

The incident happened at the Catch at the Old Fish Market restaurant on November 17 last year

The incident happened at the Catch at the Old Fish Market restaurant on November 17 last year

The incident happened at the Catch at the Old Fish Market restaurant on November 17 last year

Sir David Attenborough had been filming in Weymouth at the time for a fishing documentary

Sir David Attenborough had been filming in Weymouth at the time for a fishing documentary

Sir David Attenborough had been filming in Weymouth at the time for a fishing documentary

The incident happened at the Catch at the Old Fish Market eatery in Weymouth (file image)

The incident happened at the Catch at the Old Fish Market eatery in Weymouth (file image)

The incident happened at the Catch at the Old Fish Market eatery in Weymouth (file image)

‘The member of staff looked stressed because they had a high-profile guest and they wanted it to go smoothly.

‘Emma continued to shout at the top of her lungs even after we repeatedly asked her not to. The manager said that he was going to have her removed if we didn’t.

‘We warned her again but then she dropped to the floor like a dead weight so I carried her legs and my colleague carried her arms.

‘When we got outside she still continued shouting as loudly as she could.’

As she was being escorted out, she continued ‘shouting’ that she wanted to speak to Sir David as loudly as she could.

She represented herself during her trial at Poole Magistrates Court and earlier described the police statements as ‘completely factually incorrect’.

She argued that she was never in the restaurant itself but in the shop on the first floor. Smart said: ‘At no point in the footage was I in the restaurant, I was in the shop. 

‘In the footage I was polite and calm. I would claim that the force which was used to remove me was assault.’

In finding her not guilty today, Deputy District Judge Clare Boichot told Smart: ‘The time you were given was not sufficient. 

‘The officer attempted to get permission at 8.23pm when telling an inspector what the situation was. It was only at 8.40pm that they actually had possession of the paperwork.

‘Given the circumstances and the lack of escalation once you were outside I do not think there was sufficient evidence that there was a reasonable amount of time for the defendant to comply with the order.

‘In total the incident lasted less than 18 minutes. The defendant was given seconds to comply with the Section 35 order when it was approved.

‘I do not believe they had reasonable grounds to believe that your behaviour was likely to continue to escalate.

‘In the footage once you are outside there is no escalation and there is nobody else in the footage to be distressed. I am not satisfied with the crown’s argument. I find you not guilty.’

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