TWO anti-nuclear protesters have been cleared of defying a police order to leave a road during a demonstration.

A judge ruled that an inspector had acted unlawfully when he ordered members of Trident Ploughshares to clear an entrance to Devonport Dockyard.

David Jesse and Theo Simon called the prosecution of demonstrators a waste of money after they were cleared following a trial at Plymouth Magistrates' Court.

Five protesters were originally charged shortly after the blockade on November 1 last year but none was convicted.

Jesse, aged 28, from Taunton, and Simon, aged 53, of Shepton Mallett, both denied failing to comply with an order given by a senior police officer during a public assembly.

They admitted diving under a police van parked in the road after the order was given rather than retreating behind the barriers with most of the other protesters.

But Jesse and Simon argued that the direction had not been lawfully given by Insp Steve Bickley under the terms of the legislation.

District judge William Tait ruled that there was no evidence that the protesters were causing 'serious disruption to the life of the community' as required under the law.

Insp Bickley had argued that the blockade at Camel's Head gate was causing long tailbacks on busy roads nearby when he gave the order at about 8am.

Mr Tait, who saw some CCTV footage of the roads at the time, said: "It is difficult on the evidence to see why he then perceived that serious disruption was being caused to the life of the community.

"Some traffic congestion was certainly caused but it was free-flowing through the junction when the lights changed.

"I am not satisfied to the required standard that the direction imposed to move off the road and beyond the barriers was lawful."

Mr Simon, a professional singer-songwriter, said after the case: "I am very pleased that the importance of our right to protest has been recognised by a judge.

"I think Devon and Cornwall police need to think very carefully about how they police these protests in the future. They have to see human rights as more than a box-ticking exercise.

"I will be back to protest because in my view it is fair for the people of Devonport to hear our argument that the Trident missile system is not just a waste of money but also illegal under international law.

"These verdicts on weak charges against us and the dropping of cases show these prosecutions have been a waste of public financial resources."

Mr Jesse added: "I am pleased that the outcome recognises our legitimacy to protest against weapons of mass destruction."

The case against three further protesters also due to stand trial was dropped by the Crown Prosecution Service on Thursday.

Robert Larkin, aged 51, of Helensburgh, Scotland; Janet Fenton, aged 64, of Biggar, Scotland; and Sylvia Boyes, aged 67, of Keighley, West Yorkshire, had all denied wilful obstruction of a highway.

A spokesman for Devon and Cornwall police said: "The policing of demonstrations is difficult particularly in ensuring a balance is reached in allowing peaceful protest while maintaining public order and protection of the public.

"In this particular case the judge decided that the criteria for serious disruption had not been met.

"We continually assess our performance in policing such incidents and will consider any potential learning points."