Labour leader Jeremy Corbyn may be called to court as a witness after two fathers’ rights campaigners claim they had his permission to stage an all-day protest on his roof.
A police helicopter was scrambled after Bobby Smith, 34, and Martin Matthews, 49, scaled the politician’s home on August 5 as a stunt for the group #New Fathers 4 Justice.
Smith, a father-of-two who has not seen his daughters for five years, displayed a banner stating: ‘Give Me Back ELMO’ – a reference to his custody dispute.
He tweeted afterwards: ‘Point made, we are coming down from Jeremy Corbyns roof. Thank you for all the support.’
The activist stood for election and amassed 37 votes when he took on David Cameron in last year’s General Election dressed as the Sesame Street character.
Mr Corbyn was not home at the time of the demonstration but may find himself called to court after Smith insisted he had permission to stage the protest.
Smith and Matthews indicated they will fight the case when they appeared at Highbury Corner Magistrates’ Court to face charges of aggravated trespass and deterring a person from engaging in lawful activity.
They spoke only to confirm their personal details in the brief hearing.
It is alleged that the pair’s presence on the roof prevented one of Mr Corbyn’s neighbours from sunbathing on her own terrace while another neighbour complained of being unable to get to work through the cordons.
The pair had to be talked down by a negotiator.
Prosecutor Michael Mallon told the hearing: ‘The defendant’s position is that they want to call Mr Corbyn as a witness.
‘He has not provided a statement and has not been called by the prosecution.
‘Whilst this may be sent to Westminster as a special jurisdiction case, the position may well be that he never in fact provides a statement and never provides an account for the defence.
‘I think, although he might not actually become a witness for the prosecution, I think because of the sensitivity and the fact he is a local MP as well for the area so it would not be in the interest of justice that a matter be tried in the jurisdiction of the local MP.’
Magistrate Mervyn Mandell told the pair at the end of the five-minute hearing: ‘As you have heard, because of the issues in this case we are transferring the matter to the Westminster Magistrates’ Court.
‘So, your appearance back there will be next Wednesday 14 September.’
Smith, of Anderson Road, Stevenage, and Matthews, of Middlemead Road, Bookham, were both bailed to appear at Westminster Magistrates’ Court next Wednesday.
The pair must not enter Mr Corbyn’s street as a condition of that bail while a second condition barring Matthews from contacting Smith was lifted.
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Smith claimed afterwards that he is due at Westminster Magistrates’ Court on 20 October to face separate allegations he climbed onto the Buckingham Palace roof.