A refugee who went on hunger strike following allegations he was assaulted at a hotel accommodating asylum seekers in Stockport has had charges against him dropped. Shay Babagar and his wife were accused of refusing to leave Stepping Hill Hospital after NHS staff asked them to do so last November.
Both pleaded not guilty to charges of causing without reasonable excuse on NHS premises a nuisance or disturbance. The charges were put to them at Manchester Magistrates Court in April. The court heard that 13 witnesses were due to give evidence in the trial which was set to take place over two days in December.
District Judge Thomas Mitchell said he was 'staggered' by the number of witnesses needed to prove the prosecution's point which could have resulted in a fine. He said: "This is a £20,000 sledgehammer to crack a five pence nut."
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However, the case has now been discontinued after the Crown Prosecution Service (CPS) said that there was insufficient evidence to meet the legal test. With the help of Manchester charity RAPAR, Shay responded to the decision.
He said: "Seeking asylum is not a crime. I hope that all the other people in the hotels take strength from this climbdown by the Criminal Justice system.
"If we come together, publicise the truth and organise collectively with people inside and allies outside of the asylum system, we can not only resist the current persecution that we are experiencing as people seeking asylum, we can expose it and ultimately stop it."
Shay, his wife and his daughter are now living in a property in Manchester while they wait for a decision on their asylum application. The family arrived in Greater Manchester last year after fleeing Pakistan where the 35-year-old father was involved in political groups fighting for the freedom of the Balochistan region which they claim is occupied. Shay believes he and his family's lives would be in danger if they were forced to return to Pakistan.
The human rights activist went on hunger strike in November to highlight the conditions asylum seekers are allegedly facing at hotels. Allegations of assault at the hotel in Stockport were reported to the police while Shay and his wife were in hospital where they were arrested for refusing to leave when asked to.
Serco, which manages asylum seeker accommodation across the region, denied allegations of assault at the hotel and GMP later confirmed that the police investigation has been closed. After leaving the hotel, Shay's family stayed with people in Stockport until moving to another hotel in Rochdale.
The couple were determined to clear their name. The family’s criminal defence lawyer, Nicky Hall of Robert Lizar Solicitors said: "It is wrong that they were arrested and faced prosecution for arguing for their right to live without fear."
A CPS spokesperson said: "We have a duty to keep cases under continuous review. Following further evidence being received from the police, our prosecutor conducted a further review and determined that there was insufficient evidence to meet our legal test and the case was discontinued."
A GMP spokesperson said: "It is the duty of Greater Manchester Police to preserve public order. We will always try to facilitate peaceful protests wherever possible however a breach of this can result in arrests being made."
