Saturday, June 9th, 3 p.m., Whitehall
593,000 people is not a small number and yet that is how many have signed the petition to free Tommy Robinson so, despite the best efforts of shills like secret barrister and those trying to ignore what really went on, here are the salient points below.
Irrespective of the fine points of law which might eventually convict or release him on commenting on a trial, the injustice in his arrest and incarceration was:
1. This judge was holding one of many secret trials on a matter of huge national and international importance and the justice of that alone has not been satisfactorily addressed. Think back to the major trials of the past 100 years and how much media frenzy there was.
2. The judge, from an upstairs window, saw a man resembling TR in the street below, not within the precinct of the court, TR was some distance away and he was on a mobile phone. That was the extent of the probable cause.
3. He sent an order for police to arrest TR on the basis of that – not to take him in for questioning, allowing his lawyer to be present but to actually arrest and charge him – those were the words used by police.
4. And the charge? Breaching the peace. Nothing to do with the suspended sentence hanging over him from an equal travesty the last time – the judge made that clear later that it had nothing to do with it – no, it was breaching the peace this time, liable to cause unrest by influencing jurors.
5. There was, however, no one there to have his peace breached apart from the TR crew and the charged perps going into the court. TR himself kept at a distance, the person making verbal contact with the charged perps was Caolan Robertson – why then was he not charged? He was the one who asked the questions of the still free charged perps.
6. Why were they free anyway? Gang rape is a major crime – why were these charged perps not remanded and brought to court by the authorities? How could they just turn up to the court on foot? Was that not breach of peace in itself?
7. Within an hour, the breaching of the peace was dropped – it was ridiculous – and was replaced by contempt of court. Which court? It turned on the using of the mobile phone to live stream.
8. There’d been no contact between TR and any jury member.
9. The judge watched a few seconds and didn’t bother watching any more than that. This is the same man who’d been standing, grinning, in that upstairs window and who had sent out the police already in place. If a man is about to go down for 13 months, then surely at least a substantial portion of the phone record should have been viewed?
10. The TR team were tricked, lied to, about the need for a lawyer. They were told it was not necessary, that he would be freed. The location of the contempt trial was kept from this team, meaning they could not organize a lawyer, a lawyer was not allowed to brief TR before the trial.
11. A court appointed junior lawyer was given to TR at the last moment to defend a man about to go down for over a year. And secret barrister calls this justice? He calls it due process within England and Wales?
12. TR was advised to plead guilty as he would either be freed or have a far more lenient sentence. This was an outright lie.
On these 12 grounds alone, there was serious evidence of a probable breach of justice and procedure by this judge and the law enforcement he sent downstairs, that’s before even going into the judge’s background and the almost certain bias he had.
This travesty and the ones before it, stretching back, are the reason 593,000 people signed that petition. Over half a million people.
13. What has May done about it? [Stop laughing over there please.]
14. That same judge ordered a complete crackdown on any reporting of this trial of TR – he did not make the order about the other trials. Even the captive media revolted against that and the Independent managed to get it overturned – a clear breach, as they argued, of the freedom of the press to legally report salient details rather than argue a case.
15. There has been scant reporting of this rally today, a rally which last time attracted thousands.
What should have happened?
Well not this Ceaucescu kangaroo court for a start. Yes, he could have been taken in on suspicion and as did happen – the breach of peace was dropped.
A date would then have been set and ample opportunity given to secure a lawyer of TR’s choice. That lawyer would have been briefed, would have read the wording of the charge and could have prepared the defence.
Bail would have been set and TR would have turned up on the day, just like the charged perps.
16. The charged perps were all given these full provisions of E&W law. TR was not.
17. In prison, he was given seconds to speak to his people – other prisoners get at least a few minutes. He also had only small change inside his pocket – that’s how quickly he was separated from his crew, the whole point was separation from his crew.
This today is about due process not being followed. Had he been given a fair trial and it had still resulted in a jury decision that he had held the court in contempt, that’s another issue. All the learned comments in the comments threads from armchair lawyers about British law are irrelevant – if that had ultimately come out in the wash, then fine. That might have been justice.
But it never ultimately came out because it was not allowed to, because there was a clear suspicion of a withholding of justice for this one man, no one else in England and Wales. Not even his offsiders or crew were treated this way.
This is what today is all about – it’s about the targetting of one man by the state when he tries to expose something. Just as Jon Wedger has been trying to do.