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Adam Wagner @AdamWagner1
, 13 tweets, 4 min read Read on Twitter
1/ Tommy Robinson freed on bail after winning appeal. Please read judgment from p17 before commenting. Will post some thoughts below this tweet after I have read. judiciary.uk/wp-content/upl…
2/ Here's a summary. Tommy Robinson (real name Stephen Yaxley-Lennon) appealed two findings of contempt. Canterbury in May 2017 and Leeds in May 2018. He lost his appeal re Canterbury and won his appeal re Leeds. The Leeds matter will now be considered by a different judge
3/ The Leeds contempt finding was a total dog's breakfast. There were 4 errors. (1) It was rushed through for no good reason, (2) there was no clear statement of what he was accused of, (3) his sentencing was messed up, (4) the haste meant his lawyer couldn't properly mitigate
4/ This is clearly the right result. Contempt findings can happen very quickly and in highly charged situations - and you don't get more highly charged than this. So it is essential, as courts have said repeatedly, to get procedure spot on as procedure protects against injustice
5/ The Court of Appeal was scathing of the judge who imposed the contempt. No real sympathy despite the emotional charge around the case. Here are some key bits of the judgment highlighted.
6/ The court also pointed out than error in the way the Judge wrote the order meant that Robinson was imprisoned under the wrong regime. Very bad - and the fact that this is high profile (internationally too) makes it worse in a way
7/ Where does this leave us? Is this all an establishment conspiracy with political overtones. Clearly not. The first contempt finding in Canterbury was approved by the Court of Appeal which was clearly being fair and reasonable and not afraid to criticise judges below.
8/ The fact that we have an independent Court of Appeal who are fearless in upholding rights of whoever comes before them shows this isn't an "establishment conspiracy" which "reaches all the way to the top". Good on the Court of Appeal who approached this without fear or favour
9/ Tommy Robinson is someone whose politics I can't stand. He has also acted recklessly and still may be found guilty of contempt before a different judge (and the Canterbury ruling still stands). But that shouldn't detract from this being a failure by the Crown Court
10/ I think there was a bit of a rush here on Twitter to assume Robinson had been treated fairly and was guilty. If I was part of that rush then I apologise. Human rights apply to all humans even those we disagree with. The judge here, and all of us, should have kept that in mind
11/ This is clearly, to me, a cock up not conspiracy. I am basing that on years of experience of seeing how the courts operate. Judges are human and make these kind of mistakes. I have been involved in cases with no political content at all where this kind of thing has happened.
12/ I will leave you with my @Guardian article on the alt right and how this is all part of the plan. Robinson wins whatever, but now he has been given a huge turbo boost and will be seen as a martyr. As Trump would say, SAD. theguardian.com/commentisfree/…
13/ Final thought. Liberal democracy, which Robinson holds in contempt, is about free speech and giving the people we despise the rights that we cherish. That means institutions must be able to admit and correct errors. It is a tribute to the courts that they have done that here
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