A Croydon man has admitted distributing a grossly offensive video of a burning effigy of the Grenfell Tower.
Paul Bussetti, 47, of Sundial Avenue, Croydon, admitted an offence under section 127 of the Communications Act 2003 when he appeared at Westminster Magistrates' Court on Wednesday, 20th April 2022.
It is an offence under section 127(1)(a) of the Act to send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character. The maximum penalty for this offence is 6 months' custody and/or an unlimited fine.
This case is notable in that Bussetti had previously been cleared of the offence following an earlier trial at Westminster Magistrates' Court. That trial was presided over by then Chief Magistrate and Senior District Judge Emma Arbuthnot - now High Court Judge, The Honourable Mrs Justice Arbuthnot.
Briefly, a video emerged on social media showing a burning effigy of the Grenfell Tower. The free-standing cardboard model was burning on top of a fire pit. It was a social gathering and people could be heard passing comment as the model burnt. Black cardboard figures were shown attached in the windows of the model, some of which were seen falling into the flames.
Senior District Judge Arbuthnot acquitted Bussetti on the basis that she could not be sure that the video was actually filmed by him; nor could she rule out his claims that the black cardboard figures were actually meant to represent his friends.
You can read about it in our earlier article.
The Director of Public Prosecutions made an application for the case to be reviewed by the High Court - a process known as an appeal by way of case stated. Appeals by way of case stated are used in cases where there may be an error of law or jurisdiction in the findings of the Magistrates' Court.
The appeal was allowed and Bussetti's acquittal was quashed. The case was remitted to Westminster Magistrates' Court for retrial before a differently constituted bench.
You can read the judgment of Lord Justice Bean here.
The current Chief Magistrate and Senior District Judge, Paul Goldspring, presided over this morning's hearing.
Addressing Bussetti, he said: "There's very little, I'm afraid, to mitigate the overall impact of what you did. It was disgusting, disrespectful, abhorrent, and by the nature of the charge, it was grossly offensive.
"It was not just grossly offensive to those that died and the wider community. I suspect it was offensive to almost everyone who has an ounce of decency about them."
Bussetti was sentenced to 10 weeks' custody suspended for 2 years, with 120 hours' unpaid work requirement.
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