Eco-zealot who was arrested after trying to confront David Attenborough as he ate in Michelin-starred fish restaurant attempts to call HIM as a witness in her upcoming trial

• Emma Smart, 45, was alleged to have refused to leave the eatery in Weymouth
• She has now appeared in court where she made an application to call Sir David
• But her application was rejected by magistrates as it deemed was ‘not relevant’

An eco-zealot who was arrested after trying to confront Sir David Attenborough has now attempted to call him as a witness in her upcoming trial.

Emma Smart, 45, was arrested for breaching the peace after she interrupted the legendary TV presenter’s meal at a Michelin-starred fish restaurant in Weymouth, Dorset.

Smart was alleged to have refused to leave the eatery when asked and had to be dragged away by police.

The climate change protester has now appeared in court where she made an application to call Sir David as a key witness in her case.

Emma Smart, 45, was arrested for breaching the peace after she interrupted the legendary TV presenter’s meal at a Michelin starred fish restaurant in Weymouth, Dorset. Pictured: Smart leaving Weymouth Magistrates’ Court yesterday

Smart was alleged to have refused to leave the eatery when asked and had to be dragged away by police

But her application was rejected by magistrates in Weymouth.

District judge Jonathan Layton said that the application was ‘not relevant’ and did not issue a summons.

He said: ‘I don’t see that it is in the interest of justice to issue a witness summons. 

‘I have made my ruling, your application is refused.

‘The case is about you rather than anything directly to do with Sir David Attenborough.’

Smart has indicated a not guilty plea to a charge of failing to comply with a section 35 dispersal order in that she remained at the location shouting out towards Sir David after having been given a direction to leave.

The climate change protester has now appeared in court where she made an application to call Sir David Attenborough as a key witness in her case. Pictured: Sir David had been in the harbour town to film a fishing documentary

Smart has indicated a not guilty plea to a charge of failing to comply with a section 35 dispersal order in that she remained at the location shouting out towards Sir David after having been given a direction to leave

The incident happened at the Catch at the Old Fishmarket restaurant on November 17

The incident happened at the Catch at the Old Fishmarket restaurant on November 17.

Sir David had been in the harbour town to film a fishing documentary.

At the time Smart stated she had been trying to get five minutes with Sir David to give him a letter about ‘telling the truth’ about climate change.

Smart said: ‘We don’t need another documentary series showing us that we are losing, some 150 species going extinct globally every single day.

‘What we need is action.’

A trial date was set for March next year at Poole Magistrates’ Court.

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