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So they now try him for the SAME CONTEMPT EVENT AGAIN but say it was incitement of a gang to siege the court ( which is odd because in spite of having 1 million facebook followers and the most active followers group in the UK NOT ONE arrived at that court that day OR ANY OTHER SUBSEQUENT DAY to attack the rapists. Probably because he did not incite them to do it! )
At another point, the respondent incited viewers to harass the criminal defendants. The words relied on are:“ You want to harass someone’s family? You see that man who was getting aggressive as he walked into court, the man who faces charges of child abduction, rape, prostitution – harass him, find him, go knock on his door, follow him, see where he works, see what he’s doing. You want to stick pictures online and call people and slander people, how about you do it about them?”
On 8 May 2017, the respondent attended the Crown Court at Canterbury, at a time when a jury had been sent out to consider their verdicts at the end of a trial (unrelated to the Huddersfield charges) in which four defendants were accused of rape. The respondent filmed himself on the steps of the court building and inside the building, including two pieces to camera in which he described the trial as involving “Muslim child rapists”. He then published the footage on the internet. At a hearing on 22 May 2017, when he was represented by Leading and Junior Counsel, the respondent admitted contempt by filming in the precincts of the court. For this contempt, he was committed to a term of three months’ imprisonment, suspended for 18 months. Leeds
On 16 April 2018, the Akhtar trial began, before HHJ Marson QC and a jury. There were originally 10 defendants. On Thursday 24 May 2018, the jury were sent out to Draft 9 July 2019 10:45 Page 3 High Court Unapproved Judgment: AG v Yaxley-Lennon [2019] EWHC 1791 (Admin) No permission is granted to copy or use in court consider their verdicts. By this time there were 9 remaining defendants. On the morning of Friday 25 May 2018, the respondent attended the Court. He spoke to Court staff. He was filmed speaking about the case, and speaking to some of the defendants. The video was live-streamed. Later that same day, the respondent came before HHJ Marson accused of contempt of Court. The Judge adopted a summary procedure. The respondent took advice from Counsel, and admitted contempt. Counsel mitigated on his behalf. It was accepted that “he was aware there was a reporting restriction”, but Counsel submitted that there was mitigation that would “allow [the Judge] to draw back from the imposition of an immediate custodial sentence.” The Judge was not persuaded, and committed him to prison for 10 months, simultaneously activating the suspended order imposed at Canterbury, which was made consecutive. The respondent was therefore committed to prison for a period of 13 months.
originally posted by: oldcarpy
a reply to: bartconnolly
Just no, really. Again, read the Judgment and try to understand it.
the Attorney General alleges that the respondent’s conduct amounted to
contempt of court in three different respects. First, the online publication involved a
breach of a reporting restriction order (“the RRO”) that had been imposed under s 4(2)
of the Contempt of Court Act 1981, and which prohibited any reporting of the Akhtar
trial until after the conclusion of that trial and all related trials. Secondly, the Attorney
General alleges that the content of what was published gave rise to a substantial risk
that the course of justice in the Akhtar case would be seriously impeded, thereby
amounting to a breach of the rule of contempt law known as “the strict liability rule”.
Thirdly, it is alleged that by confronting some of the defendants as they arrived at Court,
doing so aggressively, and openly filming the process, the respondent interfered with
the due administration of justice. Contempt of court is quasi-criminal in nature, so the
onus is on the Attorney General to prove his case so that we are sure.
Subject to this section a person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.
the content of what was published gave rise to a substantial risk
that the course of justice in the Akhtar case would be seriously impeded, thereby
amounting to a breach of the rule of contempt law known as “the strict liability rule”.
by confronting some of the defendants as they arrived at Court,
doing so aggressively, and openly filming the process, the respondent interfered with
the due administration of justice.
On the morning of Friday 25 May 2018, the respondent attended the Court. He spoke to Court staff. He was filmed speaking about the case, and speaking to some of the defendants. The video was live-streamed. Later that same day, the respondent came before HHJ Marson accused of contempt of Court. The Judge adopted a summary procedure. The respondent took advice from Counsel, and admitted contempt. Counsel mitigated on his behalf. It was accepted that “he was aware there was a reporting restriction”, but Counsel submitted that there was mitigation that would “allow [the Judge] to draw back from the imposition of an immediate custodial sentence.”
originally posted by: paraphi
originally posted by: bartconnolly
Note these are REASONS the IRA commit terrorist acts. This is not a justification for such acts it is just suggesting these are the reasons
The Provisional IRA existed to ...
There is not much that is similar in circumstance between gangs of culturally backward Pakistanis abusing vulnerable white girls, and armed thugs blowing up a pub.
originally posted by: oldcarpy
a reply to: Grambler
youre assuming they didn’t break the law because they weren’t charged. This is exactly what I am criticizing. Selective application of laws, and people show the fact people weren’t charged as proof they were innocent
Because they were not on a suspended sentence for previous contempt?
There was no clarity about what parts of the video were relied upon as amounting to contempt, what parts the appellant accepted through his counsel amounted to contempt and for what conduct he was sentenced.
originally posted by: oldcarpy
a reply to: bartconnolly
I appreciate that to non-lawyers Judgments like this can be a bit impenetrable (they are to lawyers quite often!) but you have misunderstood the process.
PARAGRAPH 42 (8)
At another point, the respondent incited viewers to harass the criminal defendants.
The words relied on are:-
“You want to harass someone’s family? You see that man who
was getting aggressive as he walked into court, the man who
faces charges of child abduction, rape, prostitution – harass him,
find him, go knock on his door, follow him, see where he works,
see what he’s doing. You want to stick pictures online and call
people and slander people, how about you do it about them?”
1 Section 4(2) opf the Contempt of court act does not apply! BECAUSE www.legislation.gov.uk... Section 4(1) the Preceeding paragraph says: Subject to this section a person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith. Tommy robinson quoted a BBC REPORT published contemporaneously ! Section 4(1) rules out section 4(2) applying. If you can show TR said something not from a published source then where is it?
originally posted by: paraphi
originally posted by: Grambler
Were any of them?
Surely, did any of them break the law?
It's a rhetorical question, because they did not.
originally posted by: oldcarpy
a reply to: Grambler
Hardly on a par with what SY-L did though, is it?