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Tuesday 23 April 2024

Tommy Robinson Cleared of Failing to Comply with Police Dispersal Direction

Far-right activist Tommy Robinson has been cleared of failing to comply with a police dispersal direction.

Robinson, real name Stephen Christopher Yaxley-Lennon, 41, was accused of failing to comply with a direction issued under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014.

He has been cleared of the offence during a trial at Westminster Magistrates' Court on Tuesday, 23rd April 2024.

Having heard the prosecution's case - which was, quite frankly, abysmal - District Judge Daniel Sternberg, presiding over the trial, concluded that there was no case to answer. In other words, taking the prosecution evidence at its highest, no properly-directed and reasonable tribunal of fact could find the offence proved to the required standard.

The offence was said to have taken place on Sunday, 26th November 2023, when Robinson attended a protest march against anti-semitism in central London.

He was accused of failing to comply with a section 35 direction when he refused to leave the area outside the Royal Courts of Justice on The Strand.

By way of context, I should explain that a section 35 direction can only be issued where an officer of at least inspector rank has granted an authorisation under section 34 of the Act. Such an authorisation can only be granted for a maximum of 48 hours.

It now transpires that the section 35 direction Robinson was arrested over was issued outside the time and locality to which the section 34 authorisation applied.

Inspector Steve Parker-Phipps, who granted the section 34 authorisation, told the court that because his laptop was almost dead, he mistakenly timed and dated it as 10 am on 24th instead of 10 am on 26th November. That being the case, the authorisation had already lapsed by the time Robinson was arrested on the afternoon of 26th November.

Alasdair Williamson KC, defending, put it to Inspector Parker-Phipps: "This document is not correct, is it? Can we have any confidence that a lawful order was in place?"

The officer replied: "No."

With that it was game over. How could the prosecution possibly prove its case?

It also turns out that even if the section 34 authorisation had been valid, the manner in which the officer made the section 35 direction was defective. This is because the officer making the direction failed to take into account Robinson's claims of acting as a journalist at the protest - which, given his vast following, seems an entirely reasonable claim - and also gave insufficient time for Robinson to leave the area as directed.

This is a complete and utter shambles. How many reviewing Met and CPS lawyers have overlooked the glaringly obvious flaws in this prosecution? Did they feel compelled to get it "over the line" due to the high profile nature of the defendant?

A total waste of time, effort and public funds in prosecuting an offence that simply didn't exist. I take personal offence that such a fundamentally flawed, poorly prepared case has been pushed in the direction of the court. It's an insult. As if that's not bad enough, Robinson will undoubtedly now receive tens of thousands in compensation as a result of his unlawful arrest and detention.

This whole episode is absolutely cringeworthy.

55 comments:

Anonymous said...

Good on him

Ex-Tory Boy said...

I do hope he receives a LOT of compensation.

Selma said...

Why did you use the pejorative and arguably incorrect term 'far right' at the start of your article?

Cypruk said...

This is where police officers and CPS lawyers etc. should be held personally responsible and sanctioned in some form, at least to the sum of the cost to reimburse the public coffers. I know you should never ascribe to malice that which is adequately explained by incompetence. However, these people are meant to have studied, passed exams, have the qualifications, gathered experience and applied this to their job. May be they should concern themselves with the protesters who clearly break the law with their placards, slogans and behaviour rather then going after soft targets.

Derek Millward said...

Great to hear that justice is still alive and well in England, I was under the impression that it had died a slow and painful death. God bless the judge!

Rob McKinney said...

There are no 'Far Right', the government has two listed Far Right organisations in the UK but they are from outside the UK!

Craig said...

Tommy should sue you for referring to him as 'far right'.

Derek Millward said...

Great to hear that justice is still alive and well in England, I thought it had died a slow and painful death. 3 cheers for the judge!

PG said...

This is not about TR , this pathetic shambles goes far beyond that . It cost £60 k to defend the case and in my opinion should be repaid , by whoever is responsible and damages paid ,that would be justice , this political persecution is becoming a farce and very dangerous , who is authorising it . It just demonstrate the corruption of our government , legal system and cops and those responsible in making such pathetic mistakes , need to be made accountable and face the consequences .

Bill. said...

We need to look at the Police using the legal system as the PUNISHMENT for being a nuisance. Many cases, especially auditors, have no real foundation for charges but they are made anyway. The bail conditions imposed and length of time it takes to bring it to court, sometimes years with police and prosecutor delaying tactics. When eventually it comes to court and gets dismissed many people have been discouraged or lost the income they were getting from YouTube etc. This is a dangerous new move.

Magistrates Blogger said...

As I said to someone else, however I described his politics would upset someone That being the case I used the description from Wikipedia. He hasn't got much of a defamation case. I'll leave it to you to do some reading to work out why.

ELIAKIM said...

There are so many "unlawful arrests" every year. Yet, do the the lack of legal aid to help people to defend themselves, very few can afford to fight back against the system that isn't working to defend our people from such injustice. My dad was a magistrate and if he was alive today, he would be horrified at what has been allowed to go on in the police force. We do have some good police officers but their hands are often tied by their backs by their superiors. They often said to me that their superior wouldn't allow them to pursue the case. Has far as I'm aware there are over 67,000 cases waiting to go to court, 10,000 of those cases are rape cases, yet time was wasted on this case, and it has cost a huge amount when all resources are greatly required. Not only that but they stopped Tommy from doing his job in London as a journalist, so "loss of income": is also an issue when the police make an "unlawful arrest". I watched the whole scene when it happened, Tommy was sitting down in cafe having breakfast when the police barged into arrest him. Outrageous, unlawful behaviour from the police force that cannot be justified.

Waste of Money said...

What a waste of public money. Surely by now, with what has been going on over the last few years. It is about time these Police timewasters and CPS should personally (yes out of their own pockets) PAY ALL COSTS...NOT THE TAXPAYERS.??????

Anonymous said...

Your opening line "Far-right activist" is at best shameful.
This label needs to be dropped as it is not factual.

Mickethius said...

Surely the bigger issue here is of that of two tier policing, no doubt TR is a grifter and in it for likes on twitter but today, at a gathering of his supporters the police issued section 60 AA orders due to the fact some had face coverings on, now correct me if I am wrong do we not see face coverings every week at the pro Palestine marches? I haven't heard of any 60 AAs being issued. Now I don't necessarily think the police are wrong for issuing them today, quite the opposite, but why issue them today and not at other times? Is it because it's easier? I have very little time for the management of any police force, the front line officers are undoubtedly going to work with their hands tied behind their backs, they have my sympathy.

Anonymous said...

A Wikipedia article is not a reliable source. I'll leave it to you to do some reading to work out why.

Scooters said...

Be that as it may, Wikipedia is hardly a non partisan publication, is it?
Not a defamation issue, one, rather of objectivity

Anonymous said...

i keep hearing the term waste of time when in actual fact there is a massive bill which not only includes the cost to tommy of over £60,000 this and a lot more taxpayer money has been poured in someone somewhere is getting richer and this is why it will continue to happen over and over again!!
i dont begrudge tommy 1 penny of his compensation but i will always hate on those others who are taking us for mugs!!

Scooters said...

There's an interesting aspect to the treatment Robinson has had from the state which seems to have started when Theresa May was Home Secretary.
Those of us who are old enough to remember the Cold War remember the sinister way the old DDR would treat its dissidents.
Even the DDR had some laws protecting the bare minimum rights of the long suffering population, to get round this the STASI invented the idea of Zersetzung...literally... to decay. The state would target a dissident and make life impossible for them. Constant persecution by the police, refusal of utilities services, finance, employment, schooling. Families would be targeted and friends. Constant lawfare, constant harassment.
The punishment us in the process and by doing this they crush and destroy the dissidents, bullying and intimidating others by example.
Having seen what Robinson has had to face over the years from the police, media, CPS, home office and a score of other organizations, it is hard not to draw the conclusion thar the British state has used Zersetzung on him.
Why should that worry you? If they can do it to him, they can do it to you.

AndrewHu said...

Its malicious when you consider the lost bodycam footage, all of it, and that he was pepper sprayed just inches from his face whilst handcuffed.

Anonymous said...

It's been a farce from the outset. The police stated in the original video that the people protesting didn't want TR at their protest.
When did people get to choose who supports their protest , or does that only apply to TR.
Which seems to be the case on a regular basiso. Or is it just being used as an excuse bythe met police.

Jason said...

Why do people have to be labelled as far right, surely from a legal point of view a person is well a person, if a person is accused of a crime it shouldn't matter which side of the one sided political system they stand just as it shouldnt matter about any other feature of a person. The labeling of far right (and all other labels used against people) just seems like a tactic to delegitimise a person.

While I welcome the result, I feel that the system is heavily bias against anyone left of Mao,

Shouldn't the justice ignore a person's political beliefs fully so that the justice system is applied fairly.

Its things like this that cause me to have almost ZERO faith in the police and justice system.

I hope there is a investigation into the prosecution because with a plain lack of standing it could stand that there the legal system was being used as a political weapon by a member(s) of the prosecution.

Magistrates Blogger said...

I'll bear it in mind if I write about him again.

Anonymous said...

"If that's not bad enough Robinson will be able to claim thousands in compensation". This statement shows your bias, and since it has cost him £60k to defend himself I sincerely hope he gets double that amount.

Jim O'Neill said...

The person who complained about TR at the event and tried to get him banned was a certain Gideon Falter. Strange how things turn out.

Anonymous said...

You clearly stated Steven Yaxley is Far Right by that you have labelled him as such when there is nothing, no evidence or factual proof to support that quote other than others like you stating that ! And that is what’s wrong, fact is most if no everything that Mr Yaxley has given us over the years has been factual and biting you all in the backside!

Magistrates Blogger said...

It shows I don't like police incompetence needlessly costing the taxpayer thousands. Nothing more.

Paul Reading said...

Do we know if he has been awarded costs? Can he claim compensation for malicious prosecution in particular he police bail conditions? It seems completely wrong that someone can be excluded from the M25 under police bail conditions for such a minor offence. It was neither necessary nor proportionate.

Anonymous said...

Police & CPS perverting the course of justice again & how can the judge refuse the £60k costs!? All corrupt.

Anonymous said...

If I was to appear in court for example to defend a speeding charge would you post my name followed by my alleged political status? No you wouldn’t ecause you would have no idea of my political status. If I appeared in court draped in a Union Jack flag again you would have no idea but would you then label me as “Far Right” Please stick to the job you know which as far as I know does not involve politics.Perhaps you have now had time to review your post you may retract that part as “you state This is a breaking story, which will be updated later”

Anonymous said...

Totally agree with your question

leegee said...

Very disappointing to hear both 'far-right' and Wikipedia used anywhere, but of all places, here?

Anonymous said...

If justice is alive , then the police officer who pepper sprayed him should be held to account ...let's see how far that goes.

Magistrates Blogger said...

What can I say. You might be better off visiting the mainstream media instead.

Magistrates Blogger said...

Do you not think his political persuasion, perceived or actual, is relevant to his arrest in the first place?

Anonymous said...

Repeating the Weaponised Label "Far-right activist" does you no credit

Citizen Kane said...

Not only should he be compensated costs - £60k but also he was stopped from working in London for a long period of time. This should be at least another £60k.
Further orders against him should also be strongly considered as harassment.
We are Private Citizens with rights that are very quickly being both eroded and ignored. This is a short leap into being a Fascist state.

Anonymous said...

"Far right" is used here as derogatory. How is "Far Right" proven ? What is meant by it ?
Just like calling BBC a Marxist run Fake News outfit, and they are.

Anonymous said...

Bully for you

Anonymous said...

'Far right' simply means white working class, a completely unnecessary phrase inserted at the very beginning of the piece

John C. said...

Why is it that everytime someone who has an ounce of patriotism in their bones is automatically classed by the MSM as "FAR RIGHT"? Are the MSM aligned with communism and hate anything to do with the UK's way of life? Only the other day we had a conservative conference in Brussels branded "Far Right" when the current conservative party is almost left of the labour party!
With reference to "Tommy" he never has been "FAR RIGHT" only all for the rule of law to be applied equally across the whole population of the country! This includes those of the Muslim faith who take a different view of law due to their religious beliefs! He is standing up for all those victims who are not getting justice from the police in this country! What I see as a distinct possibility if this situation is not resolved and quickly is there will be a nation wide reaction the police will not be able to contain. The police must get their sense of priorities refocused on the law of the land and not on hounding the reporters of injustice !!

Anonymous said...

Definitely

Kevin said...

Tommy Robinson has consistently opposed the Far Right. E.g. he doesn't allow Patriotic Alternative (the actual Far Right) to attend his events and he is anti-racism. He is opposed to Islam but he's obviously not Far Right.

Edward said...

You nailed your colours to the mast with the opening doxing and unfounded accusations of 'Far Right'. This diminished your article and reduced it to bias. Of course, you are entitled to your views, and you made no attempt to hide them. How does one defend one's self from accusations of being a 'Far Right' racist other than to protest verbally? Robinson has surrounded himself with the diverse culture that migrated into the country before he was born and became part of the school population. Attitudes towards Islam are well known and are now becoming mainstream as a threat to British democracy. This is demonstrated clearly by the two tier policing that his activism is based on. A personal review of your attitude, that appears biased, will serve you well. Perhaps search for Tommy Robinson | Full Address | Oxford Union.

Anonymous said...

Wikipedia is bigoted, run by left wing administrators who wouldn't know the truth if they even understood the word neutral. You can edit anything but it will be reversed in 5 seconds by paid admin.

Anonymous said...

Absolutely if there was no case then costs should be paid and compensation for how they treated him. I do not like his politics but pepper spraying for fun as it appeared disgusting

Anonymous said...

Why when there was no case was costs not awarded

David said...

I tend to agree with C J Strachan analysis (linked below). Do you?
https://open.substack.com/pub/cjstrachan/p/the-british-state-is-using-an-old?r=2mw483&utm_medium=ios

Anonymous said...

Cypruk...Absolutely correct.

Anonymous said...

The case demonstrates institutional corruption It's not just about how did the CPS think the charge was safe but fudged paperwork and missing body cameras

Anonymous said...

Perspicacious comment and very worrying.

Anonymous said...

Absolutely. Correct. Far right used terribly and the whole thing is a complete shambles. Embarrassing

Anonymous said...

There seems to be a real lack of training here, regarding the arresting officer. Knowledge of the law and its correct application should be paramount.

Anonymous said...

Yes, very ironic, and the police claimed that Gideon Falter was wearing the Kippah and could be inciting an incident by crossing the road through the anti Jewish march. Which it probably would, and probably moreso than Tommy Robinson being at the march against anti-semitism.
A miss used word as the people considered semitic are from the modern Middle East not just Jewish people.
In ancient history the term “Semite” included Arabs, Assyrians, the Akkadians of Babylonia, the Canaanites, Aramean tribes, certain groups in Ethiopia and the Hebrew tribes. Most Semitic groups were nomadic and traveled throughout the Arabic peninsula. By 2,500 BC they had migrated as far as Mesopotamia, Egypt and the Mediterranean coastline.

Kevin said...

I think the key part of this is that the CPS decided to take this to court despite the Metrolitan Police's complete bungling. Surely they knew it would be thrown out by any fair minded judge. Tommy Robinson has stated he believes it's "lawfare" and that the purpose was really to keep him out of London and tied up with the court case. It's difficult to think of an alternative reason other than complete incompetence.