Rumours are spreading online that claim activist Tommy Robinson has been imprisoned for attempting to “expose Muslim pedophiles” in what is claimed to be an apparent infringement on free speech designed to silence his reporting.
In May 2018, activist Tommy Robinson – real name Stephen Yaxley-Lennon – was convicted to 13 months in prison after being arrested outside Leeds Crown Court whilst filming a live video on Facebook about the on-going court proceedings where several defendants were on trial for child abuse offenses.
In the aftermath of Robinson’s conviction, rumours and hearsay have become prolific online, especially social media, that claim Robinson had been arrested and silenced for merely attempting to “expose” Muslim pedophiles.
However, regardless of whether you believe the 13 month sentence handed to Robinson was fair or not, such claims are simply false, and ignorant to how the UK justice system works (and always has worked!)
In the UK, and indeed in any developed country, everyone has the right to a fair trial, regardless of the crime they are accused of having committed. This includes the right to be assumed innocent until proven guilty, and the right not to have witnesses, jurors or anyone else involved in the case unfairly influenced outside of the confines of the court.
It is for this reason that a court judge may impose media restrictions on many on-going trials, especially for trials where the defendant is facing serious charges or for cases that may otherwise garner much media attention. In the UK, it is not uncommon to restrict the media from reporting any details of an on-going case up until the point where the case is concluded, simply because such reporting may influence public perception, which in turn could contaminate jurors, witnesses and so on.
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When a case reaches its conclusions, such restrictions are usually lifted and the media are free to report details about the case.
In May 2018, Tommy Robinson ignored such restrictions and began filming outside Leeds Crown Court as defendants arrived, despite the fact the case had not yet reached its conclusion. Robinson filmed defendants as they arrived, while also broadcasting details about the case (some of which were incorrect) to many thousands of online viewers. He pleaded guilty.
This was not only a breach of the restrictions placed by the trial judge, but also put him in breach of a previous suspended sentence from last year (2017) where he had committed a similar offense in Canterbury when he risked collapsing a rape trial by filming himself on the court steps (which risked unwittingly identifying the underage rape victim) and referring to the defendants as ‘Muslim pedophile rapists’ before they had been convicted of such crimes. Thankfully, in that case, the men were still all convicted and had to face a total of 49 years in prison.
At that time in 2017 when Robinson avoided a custodial sentence and was given a suspended sentence, a judge told him –
This contempt hearing is not about free speech. This is not about the freedom of the press.
This is not about legitimate journalism; this is not about political correctness; this is not about whether one political viewpoint is right or another. It is about justice, and it is about ensuring that a trial can be carried out justly and fairly.
As such, in 2018, Robinson was arrested for contempt of court, ignoring media restrictions that are in place to ensure a fair trial. He was also arrested for breaching the conditions of his existing suspended sentence from 2017. It had nothing to do with “exposing Muslim pedophiles”. The people he was unlawfully “reporting” on were already facing a criminal trial for child abuse offenses.
This is false. Few details were available about the case because of the on-going media restrictions that mainstream media had been obeying. In his hour-long live video, Robinson reported a number of details about the case, including the defendants names as he attempted to confront them and readily stated it was his aim to identify them. He also read out a list of their alleged charges, some of which the details were incorrect. He also encouraged the media to harass a man he has previously filmed as he arrived at court.
Judge Geoffrey Marson, who had watched Robinson’s live video, confirmed the potential dangers of Robinson’s actions, telling Hull Daily Mail –
If the jurors in my present trial get to know of this video I will no doubt be faced with an application to discharge the jury. If I have to do that it will mean a re-trial, costing hundreds and hundreds and thousands of pounds.
He also told Robinson –
You have to understand we are not preventing publication. We are postponing publication to ensure that the trial is fair.
No. According to reports, the case was still on-going and jurors were still considering verdicts at the time Robinson was broadcasting to his viewers. As such, the case could have still been tarred by his actions.
Only when a court case reaches its final conclusion and media restrictions are lifted are the media (or anyone else) allowed to report on the details of the case. None of this had happened when Robinson was broadcasting online.
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Correct. At the time of his arrest, officers had obviously not had a chance to watch his live video. Once a judge had watched the video and deemed it to be in violation of the media restrictions in place to ensure a fair trial, Robinson was later charged with contempt of court and given a 13 month custodial sentence that same day.
Many of these rumours about Tommy Robinson were likely down to similar media restrictions on Robinson’s own case, which left his supporters to speculate as to what had happened to him. The media restrictions were later lifted at the end of May 2018.
And it never has been. The ability to exercise a fair trial is the core foundation of any successful judiciary body, and it is absolutely imperative for anyone lucky enough to live in a country with a fair judiciary to protect it to the best of their ability. This is why the courts may place restrictions on the reporting of on-going legal cases. If you brazenly breach such conditions, you are breaking the law and risking the collapse of a fair trial, costing the tax-payer money and potentially handing dangerous criminals their freedom. With freedom of speech comes the responsibility to use it within the confines of the law, and if you don’t you may very well find yourself sitting in a cell.