Barton House: Resident convicted of theft has sentence reduced
A judge has agreed the punishment for Barton House resident Shaban Ali was too harsh, given the circumstances.
Bristol’s oldest tower block - Barton House - had to be evacuated in November due to structural safety concerns.
Four months later, Bristol City Council completed fire safety work and surveys, and residents were told they could move back in.
Shaban Ali was one of the more vocal residents who was impacted. He was arrested by police in February when fire alarms stacked up to be installed at the tower block went missing.
The court heard that in the first week of February, Mr Ali went into Barton House and took some of the fire alarms that were stored in a corridor ready to be installed, and instead hid them in his flat.
He said it was a “misguided protest” against the way residents of the tower block had been treated.
The fire alarms were found, he was arrested initially on suspicion of handling stolen goods, and later charged with, and convicted of, theft.
Magistrates gave him 60 hours of unpaid work as part of a 12-month community order, along with costs and a victim surcharge totalling £85.
At an appeal hearing held at Bristol Crown Court on Thursday 1 August, the father-of-two appealed against that sentence, not the conviction.
The court was told that the sudden evacuation back in November led to Mr Ali’s severe PTSD, anxiety and depression.
Judge Peter Blair heard the incident was a "lapse of judgement".
The submission made on behalf of Mr Ali said: “Shaban is a first-time offender, has no prior criminal record - this was an isolated incident rather than a habitual pattern of behaviour. This suggests it was a lapse of judgement rather than a reflection of his character.
“The traumatic evacuation from Barton House led to severe PTSD, anxiety, and depression. Shaban was on mirtazapine, which significantly impacted his judgement and emotional stability at the time of the offence.
“A recent Government watchdog report has uncovered serious failing in Bristol City Council’s housing services, validating Shaban’s concerns and his advocacy for community safety.
“Shaban faced extraordinary mental and emotional stress from managing his mental health issues, providing for his family and campaigning for public office, all while dealing with homelessness after the evacuation.
“The council’s ultimatum to either return to Barton House or face homelessness added severe pressure, exacerbating Shaban’s mental health challenges and contributing to his actions.
“His actions, while legally wrong, which he has shown cooperation and regret for at every stage, stemmed from a confluence of trauma, medication side effects, intense personal and family pressures and a genuine desire to protect his community.”
Judge Blair accepted Mr Ali’s submissions and reduced the sentence from a 12-month community order with 60 hours unpaid work to a 12-month conditional discharge. The victim surcharge and costs were also reduced to £26.
Afterwards, Mr Ali thanked all those who had provided character references to the court for the hearing.
He said: “I would wholeheartedly and sincerely like to thank the Honourable Judge Blair and his colleagues for hearing my appeal, and also thank you to everyone who provided me with character references - heartwarming words.
“Finally, a deep, deep apology to everyone I let down, especially my family.”