A photographer who was arrested after taking photos of a protest at a former military barracks that houses asylum seekers will face no further action, police have said.
Andy Aitchison, 46, documented a demonstration outside Napier barracks in Folkestone, Kent, on Thursday last week as protesters threw buckets of fake blood at the doors of the site, where there have been allegations of overcrowding, poor hygiene, significant risks posed by Covid-19, and limited access to healthcare and legal advice.
Five police officers arrived at Aitchison’s home nearby six hours later and arrested him on suspicion of criminal damage, in front of his children. They confiscated his mobile phone and a memory card containing the photos, though these had already been uploaded and picked up by national media.
The Index on Censorship, Article 19 and the International Federation of Journalists this week filed a media freedom alert with the Council of Europe over Aitchison’s treatment.
On Friday, Aitchison said the arresting officer had called him to say there was no evidence to charge him and that his bail conditions, which had prevented him from reporting on events at the barracks including a fire last week, had been dropped.
“However they have not apologised,” he told the Guardian. “I am concerned that they still have not fully taken into consideration that I am a journalist and my initial arrest should not have taken place.
“Not having access to my phone has had a serious impact on my work this week as I have been uncontactable to clients. In addition, my family has been suffering from my mother’s death, and not being able to contact friends and family to arrange the funeral has been distressing.”
He added: “I’m in discussion now with the legal team about what should be my next move with my case.”
The culture secretary, Oliver Dowden, faced questions in parliament on Thursday over Aitchison’s treatment and that of Nadine White, a HuffPost journalist who last week was accused by the equalities minister of “creepy and bizarre” behaviour on social media after asking why the minister had not appeared in a Covid vaccine video.
“Freedom of expression is one of the cherished liberties that we have fought for, and one that members of this house have defended for generations,” Dowden told the Commons. “I fully intend to continue to promote freedom of expression. As part of that, we will be publishing the plan for the protection of journalists, which will be coming forward shortly.”
Aitchison’s case led to concerns being raised under the Police and Criminal Evidence Act, as his memory card was seized seemingly without an order from a judge, and under article 10 of the Human Rights Act protecting freedom of expression.
Kate Goold, a partner at the law firm Bindmans, said: “It is of great concern when the police arrest journalists and photographers for simply doing their job and has a chilling effect on press freedom. Public interest journalists are essential to our democracy to document and publicise events as they unfold, especially during Covid lockdown when the public cannot witness such protests themselves.”
Seamus Dooley, the NUJ’s assistant general secretary, said: “The NUJ welcomes the return of the property but remains deeply disturbed by the actions of the Kent police. Our member was treated in an unacceptable manner.
“The police force’s behaviour must be fully investigated as it is at variance with the strong cooperation in many areas where the police recognise the legitimate role the media and the special status of journalists who present the UK press card.”
A Kent police spokesperson said: “On 28 January 2021 Kent police officers arrested a 46-year-old man following reports of suspected criminal damage in the area of Napier barracks. As part of inquiries into the criminal damage and to establish the full circumstances, CCTV footage has been examined and he has subsequently been released without charge.”
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