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Paragraph 3 in the Judgement First,
1. 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.
2. 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”.
3. 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
originally posted by: bartconnolly
Now the Judgement sayd the AG had THREE accusations. REMEMBER the earlier accusation of affecting the Jury and Predjudicing the trial; were thrown out so the AG brought in NEW and DIFFERENT accusations for the same acts i.e. he retried TR for the same acts but now claimed it was some other offence that he was guilty of even though the original accusation was throen out.
Nothe also the same paragraph says contempt is "quazi criminal" i.e. it is NOT a crime! Yet they put TR in a Category A prison?
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.
Pleased that you are posting actual court papers, many of which have been posted already.
However, not sure why you are still making these basic errors, as above. For example, no earlier "accusations" were thrown out.
This is a change of position by the Attorney General, who
previously suggested that the publication created a risk that the trials would be
prejudiced by the impact on jurors. That no longer forms any part of the case for the
Attorney General.
www.bailii.org...
The finding of contempt must be quashed and all the consequential orders will fall away
On 21 November 2018, a single Judge of the CACD considered an application by Faisal Nadeem, one of the defendants in the Akhtar case, for permission to appeal against
conviction.
The single Judge dismissed the application. He rejected the contention that the jury
would have become aware of the video and been prejudiced by it as “a wholly
speculative ground of appeal which has no evidential basis
Accusations have not been resurrected, or recreated, or changed. They remained the same.
The Attorney General's involvement was because Robinson successfully appealed his original conviction and judge at the appeal escalated it to the Attorney General.
ME The transcript shows that no sooner had the judge seen part, but not all, of the footage in the presence of the unrepresented appellant, he decided on his own motion to pursue proceedings for contempt of court and to do so immediately. He appeared to give no consideration to the option of referring the matter to the Attorney General with a view to the instigation of contempt proceedings, nor to an adjournment to enable the matter to proceed at a more measured pace.
In the Attorney General's judgement there was qualification of the word "quazi" which you have missed; "quazi" did not mean that it was not a crime. It is a crime.
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.
The order drawn by the court says on its face that it is an "Order for Imprisonment - Made under the Criminal Justice Act 2003". The term of thirteen months is described as a "sentence" and the suspended order of committal made at Canterbury Crown Court is identified as a "suspended sentence". None of this is correct, for reasons we have already given.
As with Canterbury, the formal record of the contempt proceedings wrongly suggests that the appellant had been convicted of a criminal offence, rather than found to have been in contempt of court.
Rule 7 (3) of the Prison Rules 1999 provides:
"Classification of prisoners
7.(3) Prisoners committed or attached for contempt of court, or for failing to do or abstain from doing anything required to be done or left undone:
(a) shall be treated as a separate class for the purposes of this rule;
(b) notwithstanding anything in this rule, may be permitted to associate with any other class of prisoners if they are willing to do so; and
(c) shall have the same privileges as an unconvicted prisoner under rules 20(5), 23(1) and 35(1)."
you say:
Advice - read the documents you posted twice and read each sentence and paragraph as contextually linked. This is especially true in a summary of a court judgement. It's not appropriate to quote documents so selectively to support a contrary position, when this will be easily picked up by people who read the quoted documents. It’s a bit dishonest, and I say that as a way to help.
It's not appropriate to quote documents so selectively to support a contrary position, when this will be easily picked up by people who read the quoted documents.
originally posted by: bartconnolly
Are you seriously arguing the current inceration of Tommy robinson was based on the ORIGINAL accusation of affecting the procedure of the trial or the deliberations of the Jury as claimed at the time?
3.The contempts we have found proved were not ones of deliberate defiance; there was no intention to interfere with the administration of justice, and, in the event, neither the Akhtar trial or the trial that followed, were prejudiced. Nevertheless, the respondent’s conduct amounted to a serious contempt. It consisted of the reckless disobedience of an important court order imposed to protect the integrity of the Akhtar trial and subsequent trials, and of conduct which created a substantial risk of a serious impediment to the integrity of the trial process.
ME
Are you seriously arguing the current inceration of Tommy robinson was based on the ORIGINAL accusation of affecting the procedure of the trial or the deliberations of the Jury as claimed at the time?
YOU
No. I am saying what I said, which is that to selectively quote without context in order to assert a different point, is not helpful, or entirely honest.
Anyway, Robinson was found guilty of contempt.
Nevertheless, the respondent’s conduct amounted to a serious contempt. It consisted of the reckless disobedience of an important court order imposed to protect the integrity of the Akhtar trial and subsequent trials, and of conduct which created a substantial risk of a serious impediment to the integrity of the trial process.
originally posted by: paraphi
Here's a trail of the recent court cases
originally posted by: Jay-morris
So, this gang of child abusers. How many years did they get each?