Judge rules rooftop protester DID damage Justice Secretary Chris Grayling's roof

Martin Matthews, 47, of Middlemead Road, Bookham, told South East Surrey Magistrates’ Court in Redhill this morning that he had put the screws into bitumen on the roof, but had pressed the holes flat before he got down.

Earlier this morning Mr Matthews had climbed on the roof of the courtroom.

Father's rights campaigner climbs onto roof of court due to try him over damage to Justice Minister Chris Grayling's roof

After retiring for half an hour to consider his verdict, District Judge William Ashworth ruled that he was guilty of criminal damage "albeit to a minor degree".

The judge, who had allowed campaigners into the courtroom after they had initially been barred by court staff, said: "I am sure the ability of the felt to protect the house from water has been compromised, albeit to a minor degree, due to the width of the screws I have seen."

The court heard that police 'evidence gatherer' Shane Higgins took photographs on Mr Grayling's roof of holes which the Crown claimed were made by Mr Matthews to attach banners.

But he admitted that he could not actually see the holes in the photographs he took and that the distance between the holes had not been measured to prove they had been made to hang banners.

Some tiles on the roof were broken and there was damage to guttering but police produced no evidence to suggest this was caused by Mr Matthews.

Mr Matthews told the court that he had put the screws into several layers of bitumen and when he removed them pushed the bitumen flat again - ensuring there was no damage to the roof.

He had given the screws and screwdriver to the police when he came down from the roof and they were handed to the judge in court.

In his statement he said he finally came down from the roof when Russel Brand and others failed to show up to support the protest.

Giving evidence he challenged anyone to take photographs of any damage and criticised the decision to charge him over such a "trivial" thing.

Mr Grayling's gardener was at the court but was not called to give evidence.

Justice secretary Mr Grayling was not at court to give evidence.

Prosecution lawyer, Nick Wilson argued inserting the screws damaged the roof's integrity.

But Mr Matthews' lawyer Adam James argued there was no damage to the roof, and if there was it was not sufficient to meet the criteria for criminal damage.

Mr Matthews was fined £100 and ordered to pay £200 costs and a £20 victim surcharge.

Before the court case, Mr Matthews said there are four million children without a father at home in this country and this number is set to double over the next five years. 

Mr Matthews said: "Chris Grayling has got a wonderful opportunity to make a real change and help the children of this country."

He added: "It’s such a shame that he chooses to ignore this issue." 

After the verdict was handed down, he remarked: "I couldn’t care less honestly." 

Of Mr Grayling’s absence, he said: "I’m not happy with the idea he can give a sworn statement to court then not be able to come and explain his sworn statement. To me that’s not cricket."  

His lawyer Mr James said during a pre-trial review the prosecution decided not to call Mr Grayling and to confine the case to "the very narrow issue of the damage".

In response to the verdict, he said: "After the evidence we heard, it was disappointing that should be the outcome."  

During the hearing Mr James said his client was able to close the holes rather like pushing down a "piece of Blu-Tack".  

He said: "Screwing a nail into a soft material is not going to cause damage to the criminal extent." 

But the district judge told Mr Matthews he did not find his evidence that he "sufficiently resealed" the material with his thumb to be credible.

Prosecutor Nick Wilson told the court: "By putting holes in the felt of the roof which is designed to keep the house watertight is to make it permanently or temporarily of less use".

During cross-examination, PC Higgins said he was unable to get clear photographs of the holes because it was difficult to bend over the scaffolding and the lighting was bad. 

He said: "They were quite minuscule. It looked like a nail had been banged in. It was a hole as if you banged a picture into a wall." 

Fathers’ rights campaigner Tim Line, who sat in the public gallery to support Mr Matthews, said that boards that cover the end of roof rafters by their nature have holes and these "do not damage anything."

Of the ruling, he said: "I think it's rather odd because I'm a handyman. If there is any level of doubt at all, the accused should be released without charge."