AN animal rights campaigner who staged a bloody protest outside a bank was exercising his democratic human rights, a judge said yesterday.

Andrew Kirk,41, was convicted by magistrates on Teesside of using threatening words and behaviour.

But Judge Michael Taylor said in an appeal hearing at Teesside Crown Court that while Mr Kirk's appearance in a white butcher's coat drenched with fake blood might have upset people, he had not committed a crime.

He said the Human Rights Act which comes into force in a few days would automatically protect the right to make such protests.

Kenneth Bell, manager of a NatWest bank in Linthorpe Road, Middlesbrough, called police last December saying that unemployed Mr Kirk was causing distress to customers.

Catharine Fagan, for the Crown told the court that Mr Kirk displayed a placard depicting mutilated animals, handed out leaflets and asked people to sign a petition.

He was protesting against the bank's alleged involvement with companies which use animal experiments.

Before Mr Kirk's barrister, Paul Cleasby, outlined his appeal against the conviction and £250 fine and costs imposed by Teesside magistrates, the judge said: "You are saying that he was exercising his democratic right to protest in a free country. We do not start prosecuting people because they express a particular view."

Mr Kirk, from Swanage Close, Marton, Middlesbrough, Teesside, said afterwards that he planned to sue Cleveland Police for wrongful arrest.