Two Just Stop Oil protesters have denied criminal damage after liquid latex was poured over a robot at a Tesla store in west London.
Nigel Fleming, 63, and Catherine Nash, 74, are both charged with causing £2,696.40 in criminal damage after the incident at the Westfield Tesla store in Shepherd’s Bush on March 12.
Chess coach Fleming, who was self-represented, pleaded not guilty at Westminster Magistrates’ Court.
Nash is also representing herself and appeared via video link, having pleaded not guilty at a previous hearing that was adjourned to tie up her case with Fleming’s.
On Tuesday Fleming, of Worcester Crescent, London, said it is accepted that they carried out the action but they had a “lawful excuse”.
He also told the court that the value of the damage was less than that alleged.
Wearing a white hoodie and glasses around his neck, Fleming said: “We were very careful to try and make it so that the mannequin was not damaged, so I’m very surprised that there was damage to anything.”
A third person had tested the substance, he said.
Fleming later added that he was told “somebody from the police” attended Westfield and “found the latex drying and peeling off”.
“The point I think is that the latex was clearly peeling,” he said.
District Judge John Zani demonstrated how criminal damage is assessed using a water bottle and a pen.
He said taking this “rather dull water bottle, and if I marked it like that, the fact that I can rub it off, it’s still criminal damage in that I have had to expend energy and time to wipe it off.
“Do you understand? So that’s probably cost about half a pence in my time.”
During a discussion about witnesses to call, he suggested Fleming ask the person who carried out the latex testing to “make a statement, identifying himself or herself”.
The prosecution will give evidence on the value of the damage and that can be challenged, Judge Zani added.
Fleming told the court that the action had been taken to “draw attention to issues such as climate change”.
He asked the judge if he could call an expert on the topic.
Judge Zani said he could not and that “that path has been trodden up and down the High Court”.
He added that the presiding judge may allow him some leeway to express those views himself at trial.
Fleming is a retired tax adviser who coaches chess on Thursdays and Nash, of Castle Green Close, Kendal, is a retired teacher.
The charges allege that “without lawful excuse” they “intended to destroy or damage” the Optimus robot belonging to Tesla “or were reckless as to whether that would happen”.
Both defendants were granted conditional bail until their trial at Westminster Magistrates’ Court on September 24.
