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The CPS and free speech

While no apology has yet to be posted on the Crown Prosecution Service’s website [UPDATE: now here] about Undercover Mosque, Ken McDonald QC, head of the Crown Prosecution Service, has an interesting speech posted there. Amusingly, it was delivered in Birmingham. It is an interesting read, discussing when the line is crossed from merely offensive to an offence:

Prosecutors have to show both determination and restraint when it comes to tackling crime based upon expression.

Determination, because it is important to demonstrate that sometimes statements overstep not just the boundaries of taste, decency and tolerance, but also the boundaries of the law.

So, as Mr Justice Hughes emphasised in the Abu Hamza case, it is not an offence to describe Britain as a ‘toilet’. Nor is it an offence to suggest that the West is corrupt and without moral conscience.

But it is an offence to say that “the killing of non-Muslims is justified in any circumstances”.

That prosecution succeeded because this was speech which broke the law.

He makes the very good point that:

Prosecutorial decisions that unduly interfere with the right to free speech risk degrading the whole of criminal justice.

He may wish to expand this opinion, to take into account that Prosecutorial forays into reviewing television may risk the reputation of the Crown Prosecution Service.

Comments

Nick (South Africa)    
  15 May 2008, 1:16 pm

He may wish to expand this opinion, to take into account that Prosecutorial forays into reviewing television may risk the reputation of the Crown Prosecution Service.

I think this is rather understated…. have tarnished the reputation of the CPS, as well as the WMP, and bought the law into disrepute, would be closer to the mark!

More, it creates a climate where journalists editors and producers, will….hell it already does …cause them to avoid putting themselves in the same position as Ch4 by giving Islamofascists and Islam generally, a soft ride, for fear of retribution from the state, as well as fear of hyperventilating, teeth baring, belligerent, violent, Islamic mobs and Jihadists in a paroxysm of sanctimonious religious rage.

We saw this in the craven reaction of the British and US press to the Danish cartoons. The reluctance of the press to actually publish the cartoons - which are very mild - at the centre of all the Islamo teeth bearing, threats, violence etcetera.

Mrs Ben    
  15 May 2008, 3:10 pm

The original letter to Ofcom, on behalf of the WMP chief constable, outlined the complaint: the programme had been “subject to such an intensity of editing that those featured in the broadcast programme had been misrepresented”. ACC Patani wrote: “It has become clear from comparing the original material to that which was broadcast that sections of speech have been edited in such a manner to change its nature and context.”

Bethan David, the CPS lawyer who supported the West Midlands Police, claimed to have reviewed 56 hours of seized footage in coming to the decision to support the WMP and jointly refer the matter to Offcom.

She was quoted as saying:”The splicing together of extracts from longer speeches appears to have completely distorted what the speakers were saying.” One has to wonder what she watched and read and how a trained legal mind can arrive at such a badly wrong decision. Unless of course she relied upon what ACC Patani told her without actually reading anything at all.

I think we might as well ignore the hapless ACC Patani, who seems to occupy the sort of made-up sinecure to placate the local religious hardliners we see in so many public sector organisations. Indeed I have some lingering sympathy for the WMP who made this bed for themselves by pandering to the likes of Dr of the Birmingham Mosque in the first place.

But what about the role of the CPS in all this? This incidence raises serious questions about Bethan David’s own competence and the whole impartiality of the CPS in maintaining the laws of this country. How much confidence can the rest of us have in their impartiality after this, if we had much before?

The CPS now looks ridiculous. These are supposed to be lawyers, after all, applying legal proofs to their allegations. Kevin Sutcliffe deputy head of News and Current Affairs at Channel Four, has commented:

“Dispatches boasts an impressive history of tackling Islamic extremism. In Kill or Be Killed, it filmed Abu Hamza lecturing young Muslims on how to bring down a plane at Heathrow, when the rest of the media were still treating him as a caricature. And Trouble at the Mosque showed how young men armed with baseball bats took over Luton mosque.

“Dorothy Byrne, who commissioned these programmes, recently asked Metropolitan Police Commissioner Ian Blair why the police did nothing about these cases. Blair replied that the police had sent files to the CPS, but they decided to take no action. Perhaps they were too busy referring TV programmes to Ofcom.”

David    
  15 May 2008, 5:25 pm

You should keep watching the McCleans and Mark Steyn splat with three young Muslim lawyers whose appeal to the Human Rights Commission is based on the refusal of McCleans to give up editorial control to them so they can write a balancing article to what was written by Mark Steyn. So if you criticise Islam in any way you have to produce a balancing article or programme that shows that all is sweetness and life. A really odd but not unexpected position from people who do not really understand freedom of expression.

There is a concentrated attempt across the West to make any negative comment about Islam in any shape or fashion either illegal or such a pain and a financial drain that people stop going there and this CPS / Birmingham police fiasco is part of that.

Oh by the way, Britain is a toilet.

field    
  16 May 2008, 5:08 am

Let’s not be mealy mouthed -

The West Midlands Police and CPS conspired to jeopardise the careers of these journalists by accusing them of malpractice when all they had done was convey the plain truth.

It is the sort of technique we are well used to with totalitarian powers and their allies.

It speaks volumes about the real state of the nation when the Police and CPS can get involved in such underhand behaviour.

[Note - the Police and CPS are supposed to be protectors of our democracy (in case you forgot), not the allies of Jihadist propagandists.]

hellosnackbar hellosnackbar    
  2 June 2008, 11:07 pm

After watching undercover mosque .I was surprised that the bearded comedians(aka imams)who were the stars of the show were not arrested for sedition(I heard nothing that could in any way be described as ambiguous). everything I heard and saw indicated the presence of an organised group of people brazenly plotting the take-over of the state.
Silly though this sounds, it surely incumbent on the authorities to nip this sort of thing in the bud.
But no! theWMP seek to prosecute the program makers with misrepresentation via the CPS.
This surreal action predictably failed and the program makers must rightfully be paid damages.
But this fiasco deserves further scrutiny.
The whole affair should be subject to a public enquiry in order to determine who instituted this bizarre action and more importantly WHY?

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