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Verdict is due tomorrow. Until then here are some court notes on Kate Scottow's case. Thread. #IStandWithScottow
Day 1. The question of persistence is posed, what does it mean? Does it mean 9 tweets over 6 months? Kate didn't tag the claimant in for many of them so it was not intended to be brought to the claimant's attention.
#IStandWithScottow
The legislation was not designed to cover public debate of politics. Malicious communications 2003, section 127 was to cover get 650 messages from one person for example. . #IStandWithScottow
The right to a fair trial was discussed because the police did not disclose evidence to the defence and the length of time between arrest and charge them to include additional tweets.
#IStandWithScottow
The CPS argued that Scottow accepted what was presented to her over the course of the interview. That she did not have a solicitor because she had declined #IStandWithScottow
The police have lost the video tapes of both the interview and Kate's detention. (How clumsy)
#IStandwithKateScottow
The CPS argues that persistence does not mean frequency but deliberacy. Therefore having more than one Twitter account would be persistence. The Act makes clear that persistence to cause annoyance or offence is a crime.
#IStandWithScottow
The CPS described Scottow's views as 'forthright'. At about 12:48pm the e CPS argued that 'radical feminist views are at the heart of this'.
#IStandWithScottow
#ExpelMe
The CPS pointed out, regarding feminism, that 'she was forthright and persistent in these' views.
#IStandWithScottow
#ExpelMe
The CPS admitted that the officer's view was probably coloured which subsequently coloured his investigation. #IStandWithScottow
The defence asked: How can you judge purpose without context?
- Evidence should have been disclosed.
#IStandWithScottow
Judge's Summary.
PC Rob believed Scottow's interview amounted to a confession.
Considers delay & lack of evidence does not constitute abuse, It does not preclude a fair trial
#IStandWithScottow
Defence. Ms. Hayden has a previous for battering someone with a golf club. Judge is shown tweets where Hayden repeatedly 'jokes' about battering feminist with golf clubs, playing golf at courses linked to Scottow's family #IStandWithScottow
There is a context of serial legislation of the complainant and the complainant's previous convictions for fraud and deception
#IStandWithScottow
CPS cites Archibald, argues bad character can't be admissible under section 100
#IStandWithScottow
CPS claims an offence under this Act doesn't require a victim.
#IStandWithScottow
CPS claims that Hayden's threats are banter, not bad character
#IStandWithScottow
Defence. The crown is trying to have it's cake and eating it
#IStandWithScottow
Judge allows bad character submission. If we are relying on Hayden's word then Hayden's credibility is of paramount importance #IStandWithScottow
CPS asks for officer Rob to sit next to him & help him. #IStandWithScottow
Hayden takes the stand. Has a GRC, says they are a male fo female transsexual and 'for all purposes a female'
#IStandWithScottow
Hayden explains how had information on Kate's children, pets, husband, university course. How Hayden had also been observing Scottow online.
#IStandWithScottow
Hayden contacted Scottow's university lecturer, then contacted Scottow on Facebook.
#IStandWithScottow
Hayden claims PIP for memory loss, thos was disclosed in a statement for Leeds Crown Court.
Hayden alleged that 'the Mumsnet feminism board is nothing more than a platform for transphobia' so Hayden monitors it
#IStandWithScottow
#ExpelMe
Hayden originally made the complaint against Scottow to West Yorkshire Police and also began civil proceedings #IStandWithScottow
Mandy McGirldick makes an appearance on Twittwr in March. Hayden claims Mandy 'has the same attractive dog as Kate, a Jack Russell named Morrisey'
Mandy was breastfeeding, Hayden found this suspicious #IStandWithScottow
OMG, My Twitter has been glitchy tonight. Tweets deleting and tweets not sending, five minutes or more to send a tweet. #IStandWithScottow
Day 2! Hayden is on the stand to be questioned by the defence.
Defence: You go on t.v., consider yourself a public figure?
Hayden: Yes, I am a public figure.
#IStandWithScottow
Defence: you regularly call people bigots, nutters, 'intersex freak'?
Defence then interrogates Hayden's alleged racism. Hayden is agitated and aggressive, the judge warns Hayden not to argue
#IStandWithScottow
Hayden's defence of a Nazi gassing Jews was read in court #IStandWithScottow
Hayden's tweet calling an intersex advocate a 'freak in chief's was read out #IStandWithScottow
Radical feminist views are briefly outlined by the defence: women only spaces for example
Hayden's 30th March tweet is read out describing Mumsnet as 'nutters net'
Defence claims this prosecution is intended to silence women.
#IStandWithScottow
#ExpelMe
Hayden retorted:
'I couldn't care about what women think'
#IStandWithScottow
#ExpelMe
Scottow has been found guilty. #FreeSpeech #IStandWithScottow #ExpelMe
Post verdict in the womb room, notes to come later #JeSuisMandy #IStandWithScottow
The police came, they heard my views were unbecoming and forthright. #JeSuisMandy #IStandWithScottow #ExpelMe
They decided not to arrest me, but inform my husband #IStandWithScottow #ExpelMe #JeSuisMandy
Hayden is a guest on the #Robertoperone show on BBC 3 at 3pm. Tune in, call in? #IStandWithScottow #ExpelMe
I was agog at the Judge's summary and so my notes are brief but here they are. Judge:
-'we teach our children to be kind to each other. You were unkind'
-'Your repeated use of male pronouns [in police interview] was deliberate. You were unkind'.
#IStandWithScottow
#ExpelMe
Judge:
'Persistence is not solely a question of frequency'
-'you were deliberate'
#IStandWithScottow
#ExpelMe
Something else that emerged during the trial: you can ask to go home when you are in police custody, you can ask for the interview to stop. The CPS argued that because Kate didn't ask for these it shows there was no distress and Kate was happy (they lost the tapes remember)
The CPS described this as banter, the judge accepted this was banter. But a woman saying 'pig in a wig' was criminal.
It is now a criminal offence for women to be unkind in the U.K.
#IStandWithScottow
#ExpelMe
From Kate Scottow. (This statement is also important to correct any 'x number of tweets' I may have mistaken in my notes.)
#IStandWithScottow
#ExpelMe
My thread looking at potential HRA1998 violations with regards to the Scottow case. That these questions even arise shows that it was a dodgy prosecution. The CPS should give no room for this.
#IStandWithScottow
#ExpelMe
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