Retired GP found guilty of obstructing railway during power station protest

A retired GP who stopped a train heading for the UK’s biggest power station has been found guilty of obstructing the railway.

Climate protester Dr Diana Warner, 65, was walking down the line outside Drax power station, in North Yorkshire, wearing orange high-visibility clothing and waving an orange flag when a 400-metre long empty freight train stopped on December 14, 2021, Leeds Crown Court has heard.

During her trial, which started on Monday, Warner told the jury how she went to the line to protest about Drax’s contribution to the climate emergency and deforestation.

She explained that she should have been at court in London that morning, to face proceedings for breaching an injunction to stay off the M25 motorway.

The defendant said this injunction was imposed after she took part in Insulate Britain protests which brought the London orbital motorway to a halt and she told the court she was eventually jailed for two months for contempt of court.

Warner said that she believed the publicity she received from skipping court and stopping the train in North Yorkshire instead, would highlight her campaigning on the climate emergency.

The court was played a video of Warner filmed beside the stationary train in which she explains why she believed Drax is the “most ridiculous power station on earth”.

She could be heard explaining how the plant, which burns wood pellets, is “chomping through so many trees”, adding: “We’re just eating our forest, pristine forest”.

After it was sent out to consider its verdict on Tuesday afternoon, a jury of seven men and five women came back into court with a note for Judge Guy Kearl KC, the Recorder of Leeds, which said: “As a matter of conscience we are finding it difficult to come to a verdict. What should we do?”

Judge Kearl told the jurors that they should not decide a case based on conscience, telling them they should come to a verdict based on applying the law, as directed by him, to the facts of the case, decided by them.

He told them: “You have all taken an oath or affirmation to try this case on the evidence not your conscience.

“If you are unable to abide by your oath or affirmation you should let me know.”

The judge repeated this response when he sent them out to continue their deliberations on Wednesday morning.

Within an hour of them retiring, they returned a unanimous guilty verdict to the single charge of obstructing an engine or carriage using a railway, contrary to the Malicious Damage Act 1861.

Rosalind Burgin, defending, asked Judge Kearl to sentence Warner straightaway, arguing that there was no need for a pre-sentence report because it is normal in this type of case to impose a conditional discharge.

The court heard that Warner has convictions for obstructing the highway and for failing to comply with conditions imposed on public assembly.

Ms Burgin said her client was facing no outstanding proceedings, has had no convictions since 2022 and had made an undertaking not to take part on unlawful protests as part of a disciplinary process with the General Medical Council.

But Judge Kearl said he needed to know more about Warner’s background and financial circumstances so needed a pre-sentence report to be prepared.

He bailed Warner, of Filton Avenue, Filton, Bristol, and told her she will be sentenced on March 25.