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Good for him. He should move to America where at least he would not be jailed for simply reporting on a trial.
He can't move to America as he has a criminal record that uncludes assault and morgage fraud.
Robinson will now face a retrial under a different Judge.
Quote:
Originally Posted by BBC
In his written judgement, Lord Burnett said: "We are satisfied that the finding of contempt made in Leeds following a fundamentally flawed process, in what we recognise were difficult and unusual circumstances, cannot stand.
"We will direct that the matter be reheard before a different judge."
He can't move to America as he has a criminal record that uncludes assault and morgage fraud.
Robinson will now face a retrial under a different Judge.
The feds here I am sure could let him in if they so chose. There is a family member of a neighbor of mine whose husband with a green card got deported for numerous drunk driving convictions while living in the US and finally won the right to return here. So it is possible. He would be a celebrity here.
Can the judge be sanctioned in any way for making such a horrible decision?
If they know they had no grounds to have arrested him in the first place, what could they do? Now he needs to pursue them and take them for an 8 figure settlement.
The feds here I am sure could let him in if they so chose. There is a family member of a neighbor of mine whose husband with a green card got deported for numerous drunk driving convictions while living in the US and finally won the right to return here. So it is possible. He would be a celebrity here.
Can the judge be sanctioned in any way for making such a horrible decision?
He was jailed for entering the US using a false passport, and can't set foot in the US.
If they know they had no grounds to have arrested him in the first place, what could they do? Now he needs to pursue them and take them for an 8 figure settlement.
He was arrested in order to breach of the peace, however the police didn't pursue a prosecution.
The police can intervene if they think someones actions may lead to violence and confronting people outside of court on video could very well lead to violence, as someone of the responses to Robinson demonstrated.
Robinson pleaded guilty to Contempt of Court at both Canterbuty and Leeds.
The Court of Appeal only found that the process had been flawed and not the actual case against him and the Judge was right to bring him before him.
Robinson will now be retried by a different Judge at the Old Bailey in London.
The Judge will review the evidence and any mitigating aggravating circumstances.
Quote:
Originally Posted by The Independent
Judges found that while Geoffrey Marson QC was right to bring Robinson before him to have the video deleted and protect jury deliberations, the case was dealt with too fast and did not follow criminal procedure rules.
“There was no clarity about what parts of the video were relied upon as amounting to contempt, what parts the appellant accepted through his counsel amounted to contempt and for what conduct he was sentenced,” the judgment said.
“Whilst the judge was entitled to deal with the contempt himself, the urgency went out of the matter when the appellant agreed to take down the video from Facebook.
There should have been an adjournment to enable the particulars of contempt to be properly formulated and for a hearing at a more measured pace, as had happened in Canterbury.”
They ordered the matter to be heard again at the Old Bailey “as soon as reasonably possible”, and bailed Robinson on the condition he attends the new hearing and does not go within 400m of Leeds Crown Court.
What exactly is breach of peace? That sounds like it would be open to much interpretation.
It was actually to prevent a Breach of the Peace and like other areas of public order legislation is a relatively minor offence which the police did not pursue.
Given that he wasn't charged or tried for the offence, and that the police can prove for the video that he was causing problems relating to provoking those entering court, then I don't think he has any legal recourse.
In terms of Canterbury, the Court of Appeal upheld the suspended sentence and the Courts decision.
In terms of Leeds, it was found that not enough time was given in order to launch a proper defence and that the correct thing to do would have been to delay any trial until the defence could look at the evidence aganst Robinson. This is a flaw in process, and it was therefore decided to hold a re-trial at the Old Bailey in London, where a different judge will preside.
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