Six year legal battle ends
National Union of Journalists (NUJ) freelance photographer Guy Smallman who was injured during the G8 protest in Geneva in 2003 has won his damages case against the State of Geneva.
Smallman, from Brixton, South London, a delegate to the NUJ’s Annual Delegate Meeting (ADM) was a freelance photographer covering the event. He had to undergo two rounds of emergency surgery after a police concussion grenade exploded at his feet, causing permanent damage to his left calf.
For the past six years Smallman has been locked in a legal battle with the State of Geneva over his right to compensation. Although he won the initial case, the State appealed and won.
Compensation
Smallman and his lawyers challenged this ruling and yesterday won his case. He is now in a position to claim compensation against the State of Geneva.
He said: “This morning was a bit tense. As it turned out I won the case hands down, they can’t appeal, so immediately I’m owed all the court fees which is very good, and now I can start a legal process for me to get compensation which it is now guaranteed. They have to give me something.”
There has been no definite figure for the amount Smallman could win in compensation, but he will receive up to €18,000 in legal fees.
Matter of principle
“I’m not holding my hopes out. It was more a matter of principle than anything else. Although the compensation would be nice,” he said.
The protest took place on 1 June 2003, against a meeting of the G8. Reports vary as to how many were in attendance, with the police estimating 50,000 and protest organisers saying 120,000. The protest was largely peaceful.
In some areas however the Geneva police were accused of aggressively herding the crowd in an attempt to provoke some kind of reaction. When the crowd reacted the police responded with tear gas and the grenades.
Smallman was part of a retreating group when he was injured.
The State had originally claimed that Smallman’s injuries were sustained by a firework thrown by a protester. When they appealed the initial ruling last year they argued that their police officers had acted within guidelines and the Smallman’s injuries were just an unfortunate accident.
But video footage emerged of the photographer running away from the police as the officers threw one of the grenades.
Smallman said: “They said they had acting within their guidelines which they clearly hadn’t, unless you think it acceptable to throw high explosive at journalists as they’re running away.”
He added: “They lied so many times it was water off a duck’s back. I never had any expectations of the police in Switzerland. I don’t have any expectations of the police anyway, that’s my experience.”
