Prosecution of Worcestershire Farmer Discontinued

Proceedings against a Worcestershire farmer accused of displaying a sign that derided his local community have been discontinued.

As reported in my earlier article, Carl Powell, 75, of Stone Arrow Farm, Peopleton, erected the sign on a 15-foot tall disused grain dryer after villagers objected to plans to install a new path on the 100 acre property. The application was subsequently refused by Worcestershire County Council.

The sign read as follows: "Welcome to Peopleton; a murderous, lawless, godforsaken place; probably, most definitely, the nastiest village in Worcestershire."

So incensed were the people of Peopleton that a complaint was made to West Mercia Police, which duly attended Mr Powell's farm and ordered him to remove the sign.

Clearly not one to be moved, Mr Powell refused to comply with the police's diktat. He also refused to accept a penalty notice for disorder in relation to the alleged offence.

Ruffled by Mr Powell's apparent intransigence, the police decided to prosecute him for an offence under section 5 of the Public Order Act 1986 - namely that he had displayed a sign that was threatening or abusive within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Mr Powell denied the offence, so a trial date was set. That being the case, I kept my powder dry in my earlier article, but I think most people reading will have deduced my opinion on the matter - particularly my comment: "You do have to wonder about the merits of some cases coming before the court."

Last week - after several months of stress, inconvenience, wasted resources and unnecessary public expense - Mr Powell received word from the court that the prosecution had decided to withdraw the charges against him.

In other words, it has finally dawned on West Mercia Police what was patently obvious from day one - that there was negligible evidence of an offence and even less of a public interest in pursuing a prosecution.

For the prosecution to succeed, it would have had to convince the court, beyond reasonable doubt, that the harassment, alarm and distress of people reading that Peopleton was a "murderous, lawless, godforsaken place" trumped Mr Powell's right to freedom of expression under article 10 of the Human Rights Act 1998. With a sign displaying such tame comments, there was no way that was ever likely to happen.

Quite frankly, if people are being caused harassment, alarm or distress by words like "murderous, lawless, godforsaken place" it's an absolute miracle they were brave enough to leave the safety of their homes in order to read the sign in the first place. You hear far worse walking along the street every single day, yet people aren't recoiling in horror.

West Mercia Police has seriously misjudged its handling of this case. It needs to be giving itself a good shake that matters ever got this far.