Veteran jailed for part in riots despite being the 'least involved' (2024)

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An army veteran described as the 'least involved' in a riot has been jailed for a year despite a judge questioning the case against him - but said anyone in the disorder has to receive a custodial sentence.

Gary Harkness, 51, did not 'hit anyone... throw anything... [or] spit at anybody', Plymouth Crown court heard.

He was described as being 'steaming drunk' after sharing around 18 cans and a bottle of tequila with a friend before joining a violent mob in Plymouth city centre.

Video footage showed him 'front and centre' and 'making a nuisance of himself', but Judge Robert Linford queried the charge of violent disorder.

He said people were entitled to protests and throw their arms around, 'but as long as they're not using threatening behaviour it's not an offence, is it?'

The riot on August 5 was one of many clashes between protesters and anti-fascist groups that tore through the country in the wake of the tragic Southport stabbings in which three little girls were killed.

The judge told Harkness, a former soldier with nine previous convictions: 'You are the person that provides me with the most difficulty because it cannot be levelled that you hit anyone, neither have you thrown anything, neither is it said that you spat at anybody'.

But the judge accepted that 'anybody party to this disorder has to receive a custodial sentence'.

Prosecutor Lewis Aldous said Harkness was prolific throughout the evening and on numerous occasions was captured on CCTV or bodyworn cameras 'front and centre' as police attempted to push crowds back. He was abusive towards officers and made a 'nuisance of himself'.

He allegedly pushed back at a dog handler causing the dog to go towards him.

However, after showing two videos in evidence Mr Aldous was interrupted by Judge Linford who questioned the charge itself.

Harkness's advocate Zoe Kuyken said her client accepted he made the comments 'f*** off, come on', had pushed at a riot shield, and waved his arms about but while he accepted this was a threat of unlawful violence he did not accept was he was physically violent on any occasions.

Harkness admitted he had been drinking a lot and could not remember much about the incident but had seen the news, claiming he thought it would be a vocal but not violent incident.

The court was told Harkness admitted to being a 'binge drinker' and was 'steaming drunk and absolutely annihilated and didn't really know what he was doing'.

He claimed he saw the placards, but had no political allegiance himself, was 'not a racist', was ex-military and suffered from PTSD.

Judge Linford said he accepted Harkness's explanation that he did not align himself with either faction but became involved and the consequence was he pleaded guilty to violent disorder.

He said the plea accepted that he threatened unlawful violence.

While he agreed Harkness was 'prolifically vocal' he was unable to hear threats and as such he could not be satisfied that he was issuing racist threats.

He said that of the people he had sentenced so far 'you are the person that provides me with the most difficulty because it cannot be levelled that you hit anyone, neither have you thrown anything, neither is it said that you spat at anybody'.

But Harkness accepted he was party to the disorder and that 'anybody party to this disorder has to receive a custodial sentence'.

As such, noting the mitigating and aggravating factors - including his PTSD 'as a result for service to this country' and that he was 'one of the least involved that I have had to sentence' - Judge Linford handed Harkness a jail sentence of 12 months of which he would serve half before being released.

As he was led away Harkness said: 'I apologise for my outburst, sorry again your honour'.