A judge has praised Occupy protesters after they agreed to dismantle their camp on Exeter’s Cathedral Green and clean up the area within five days.

The owners of an office building overlooking the cathedral have also won the right to expel protesters after the judge rejected a claim it would breach their human rights.

The Cathedral Church of St Peter in England won a possession order against around 20 protesters during a case at Exeter County Court yesterday. The company which owns Number 18 Cathedral Yard was also granted an immediate possession order by district judge Stephen Arnold.

The Cathedral Green was occupied in October as part of a worldwide protest against banks and big business. The camp grew to around 20 tents by the end of last month but has now shrunk to just a handful.

Many of the protesters moved to squat in a former solicitor’s office nearby during the cold weather last weekend.

There was a 10-strong police presence at the hearing in the Exeter Crown Court building and only six of the Cathedral Green group were allowed in to the chamber. The remaining 15, some of whom were in fancy dress including a clown and a cat, waited outside and clapped their representatives after the case.

Judge Arnold told them: “You bring credit on your cause by the responsible way you have respected these proceedings and conducted yourselves.

“No-one could doubt the significance of the issues you promote or the sincerity and passion with which you do so. However, it is not for this court to venture into such matters. These proceedings could not be defended in law and I am obliged to make the order for possession forthwith.”

In the second case he granted the owners of 18 Cathedral Yard possession and told the protesters: “I have to balance the rights of the defendants against those of the owner.

“Those in occupation have no legal right to occupy the premises. They have no permission or acquiescence.

“While I have enormous sympathy with anyone who claims to be homeless but this court cannot turn its back on what is the clear law of the land as far as trespass is concerned.

“While it may disappoint the defendants, I am bound to make a possession order today. I can find no basis in law for any defence.”

Mr Stephen Clegg, for the Cathedral, said:”The Cathedral has attempted to adopt a conciliatory approach and avoid confrontation but has not in any way consented to the occupation.

“It has now come to the point where we feel it necessary to issue possession proceedings. It is not seriously disputed that the occupation is a trespass.

“We have been told they are in the process of vacating the site and I have looked this morning and there two tents left and the remains of others.”

Miss Alison Williams, speaking on behalf of the protesters, said:”We have come to terms with the Cathedral and hope to issue a joint statement.

“We intend to leave the Green peacefully, tidily, voluntarily and without any damage.”

The judge allowed permission for Occupy supporter Mr Ghee Bowman to make a statement. He said: “We have had considerable support during the 12 weeks. We are acting in the interests of the 99 per cent of the population who are economically and financially under the thumb of the one per cent who control the economic system.”

“We are not in opposition to the Cathedral. We oppose the economic injustice of the systems and structures in our society which keep people oppressed.

“We are standing up against companies like Vodafone, Arcadia and HSBC who get away with very large scale tax dodging while ordinary people have to file their returns on time or face a £100 fine.

“We were occupying because of the scandal of banks getting away with murder. Stephen Hester gave back his bonus because of public pressure from Occupy and other groups.”

In the separate case concerning the former solicitors’ offices at 18 Cathedral Yard the owner’s solicitor Mr Mark Shell successfully won and an eviction order after arguing the protesters’ claim that removal would damage their human right to a home.

He said:”There is no evidence that they are homeless. This is not their home. They haven’t lived there or had any expectation of it being or becoming their home. They have no legal or equitable interest.

“The Human Rights Act does not apply or affect the rights of the person who owns the property. There is no evidence they are homeless, this defence is a sham.”

Law student Andy Marlow, who represented the occupiers of the building, said:”Our argument is that Article Eight of the Human Rights Act procures a right to a home.

“There are several homeless people who would be rendered homeless again if a possession order is granted.”

He said eviction would also contravene the occupiers’ rights under the United Nations convention of economic and cultural rights and that the state was failing in its duty to the homeless because Devon County Council has cut 200 beds.

After the case representatives of both groups said they would be leaving peacefully.

A spokesman said: “Regarding the Cathedral Green, please remember that grass grows back but jobs and lives and services don’t.

“Our society is a mess but the mess is usually hidden away from sight and there are far worse messes in Exeter than the Green. The camp is over but the idea goes on. We will continue to take direct action around Exeter.”

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