What follows is the account of a fellow patriot who for all intent and purposes was imprisoned for a section 5 offence that was taken unnecessarily to the absolute limit of the law. Why? Because his legal representatives did NOT do their job.
The views and opinions expressed here in are not necessarily shared by or endorsed by Myself, or the English Democrats.
The names of individuals, solicitors, and barristers have been changed to protect the accused, the innocent, and the guilty, as well as illuminate the risk of further court action been taken against me the author, and the accused. I have full permission to reproduce the accused’s account of the proceedings.
Asking for advice on legal proceedings to be brought against the solicitors and barristers who worked on the case the accused found no respite, and was told that most if not all would NOT touch a case of this kind. One of the solicitors actually admitted some liability and paid the accused £100 compensation. The accused is still seeking a prosecution of the barrister for misrepresentation. He states he would like to complain about his solicitors and also the 2 barristers who did nothing to help his case.
Original offence. Section 5 public order, conduct likely to cause a Breach of the Peace.
Actions warranting arrest,
Under the influence of alcohol the accused shouted “Muslim bombers off our streets” outside a mosque.
Although it is considered a breach of the peace, the accused was not charged under this law, which would ordinarily warrant a fine and or community service. Instead he was charged to the full extent of section 5 public order offences and was given 8 months imprisonment. Here is his account of what happened from his arrest.
IN HIS OWN WORDS
After being released, I contacted a solicitor to be here known as Solicitor 1, solicitors from Barnsley, these were very good and listened to the accounts of why I was charged, I visited them on a couple of occasions to give them all the information they needed, Shortly after I was due to attend Barnsley magistrates court.
On arrival, the solicitor told me to “make no plea” as he said there was still a mention of “pushing” which I was cleared of by the police, after that first appearance at court Solicitors 1, were wondering if it was better that I pleaded not guilty, as I hadn’t done anything I was accused of, Which I thought was fine, I couldn’t see any reason why I should plead guilty to pushing, swearing and racial abuse when all I said was these 5 words.
“Muslim bombers off our streets”.
Soon after the first court appearance Solicitors 1, realised they had a conflict of interests as they had represented in the past one of the Muslim’s who was against me, so they had to pass my case onto another solicitors.
I was passed to Solicitors 2, I spoke briefly on the phone to a representative of Solicitors 2, who said “He was taking over my case” I asked if he needed to see me and he replied saying no he had everything he needed and there was no hurry as my next court date wasn’t for a couple of weeks or so, I informed him of my holiday plans which did not conflict with court dates so everything was fine.
When we got back from holiday I had received a letter from Solicitors 2 requesting to see me, this was dated for a date whilst I was away so as soon as I got back I phoned them and spoke to the representative who said all he needed was for me to fetch my proof of earnings in with bank statements etc. as he was letting his trainee do my legal aid stuff, so I got them ready and dropped them off at the solicitors office.
A couple of days before I was due at court in Barnsley I phoned Solicitors 2 up to see if the representative needed to speak to me before court.
I was told he was on holiday but not to worry someone else would be at court to meet me.
On arrival at court at 9.30am as instructed by my solicitors, By 11am, NO ONE had shown up, it got to about 11.15am one of the court porters luckily spotted another representative from Solicitors 2 on his way out of court, he told this representative that I was waiting to go in court with someone from Solicitors 2.
He looked on his list……No record of me, but he phoned his office and had my papers sent up to court, around 12pm Solicitors 2 Rep, came back and spoke with me, he told me to plead NOT GUILTY, which I agreed with as I hadn’t done anything else apart from say the 5 words, we went into court and a date was set for Sheffield crown court.
The week before I was due at crown court I telephoned My rep, again to see if he needed to see me before crown court,
he said, “NO, all I expect you to do is plead GUILTY at your earliest convenience”
“why should I plead guilty to things I haven’t done”
“you’re a guilty man”
I told him that at Barnsley, Solicitors 2 who he WORKS for told me to plead NOT GUILTY and also Solicitors 1 had agreed it would be better going not guilty.
Yet all my rep said was
“well we have a difference of opinion don’t we”.
Understandably I was not happy with him saying that, after all I was not guilty of all the things they accused me of, I told my rep “ I only said 5 words whilst I was drunk and offered to apologise straight after”, but again all my rep said was,
“it’s a very serious charge and you are guilty and you will get a third off your sentence if you go guilty”,
So I said “what happens if I say not guilty”,
He replied saying
“You will put the 3 Muslims THROUGH HELL going to trial and the jury will find you guilty as it’s a racist charge”,
(Obviously with no care or thought for the hell I was soon to endue)
I asked if I was identified at the voluntary ID parade I went on, he wouldn’t tell me, all he said was whether you have been picked out or not, it doesn’t matter. So he refused to say if I had or not. He was more bothered about saying how beautiful and stunning his secretary was, he said at Sheffield you will meet a very beautiful stunning young lady, you will probably smell her before you see her as she smells as good as she looks, I thought he sounded a bit of a pervert to be honest as he was more bothered about how lovely she was rather than my case. He said he had briefed a very good barrister about my case and again he expected me to plead guilty.
So on arrival at crown court I spoke to a Mr Barrister, who was appointed by Solicitors 2, he spoke to me before I went in court and said
“You are pleading guilty aren’t you?
I said “I wasn’t happy with pleading guilty to things I hadn’t done”, and just like my rep, said the same,
Mr Barker “ You are a very guilty man, I’ve read your police statement and all what you have told them is the usual lies they hear all the time such as I’m not a racist, I don’t think I did it, no I didn’t say that etc. etc.
What he meant was all my statement was lies, he was more like the prosecution,
“I would be happier going not guilty”
So he said,
“I can tell you know Mr B, if this goes to trial they will get the 3 Muslims here and they will all be pointing the finger at you, saying yes it was him etc. etc. and they will find you guilty and you will get 2 years in prison”,
“You’re joking, 2 years for saying 5 words”,
“It’s not a joking matter I expect you to plead guilty to get a third off your sentence”,
so I said “There is no way that I’m lying in court and admitting to things I never said or did, I admit to saying Muslim bombers off our streets whilst I was drunk but I didn’t swear and I didn’t push and I didn’t throw anything.
Needless to say he got slightly annoyed and said “we will have to hurry up and make your mind up or we can adjourn it for another 5 weeks”,
I said “I would plead guilty to saying the 5 words and nothing else”, so he made out a written plea which he added other things onto such as I shouted Muslim bombers off our streets, I told him,
“I only said it and didn’t shout,
He also added it was said with intent to cause distress amongst other words which are shown in my court papers.
I told him I wasn’t happy at all with him adding things like that but he said
“He had to put other things down to be in the judge’s favour or he wouldn’t believe it”,
He made out he was doing me the favour, the plea was agreed with by the prosecution and he said “He would get it typed out straight away. I then went in court and pleaded guilty on the written plea basis, the judge asked the barrister “what date he would like sentencing date”, My Barrister looked in his diary and asked for the xxth of September, this was agreed by the judge.
On arrival at Sheffield crown court on the xx/09/2011 I was met by My reps secretary again who told me my case had been passed to another barrister only last night as my Barrister was busy.
It was passed to My Miss Barrister who came to see me, she said
she had read through my case and said if it wasn’t for your honesty at the police station it wouldn’t have even got to court, she had struggled to find any similar cases to compare to mine but she had found a couple which she included in her report where one man got a prison a sentence and another man got a suspended sentence, but both had a list of previous offences, I had never been in any trouble before, so she would do her best.
My Mr barrister hadn’t even prepared a defence case to pass onto My Miss Barrister so she had to do everything in a very short space of time, then both the secretary and My Miss Barrister, said I had the worst judge possible, Mr judge Dredd, who just likes to give out maximum sentences, so she said it wasn’t looking very good, she said
“The only way you might get off without custodial is if you offer to pay £1,000 costs, I said
“I would do anything” and agreed to this, she said
“Even the prosecution was scared and even shaking knowing we had Mr Dredd.
I was called into court and the CPS read out details of what happened, the pushing and swearing and racial abuse was all mentioned, which I was not guilty of, My Miss Barrister intervened and said to the judge,
“He has pleaded guilty on a written plea basis and the copy of this is on your desk”, judge Dredd ruffled about a few papers on his desk and picked up a scrap piece of paper which had the hand written plea on and he said
“I cannot read this writing, who’s writing is it? Is it yours miss?
“No its Mr Barristers, there should be a printed copy on your desk”,
Again he ruffled papers about and said he couldn’t find it, just then the CPS handed him a copy which he very briefly read to himself, I had around 12 very good character references which were passed to Mr Dredd, again he very briefly looked at a couple before moving onto the excellent probation pre-sentence report which stated I had my own business, 2 young children, a wife, my own house with mortgage and I was the only source of income, and it would cause catastrophic events if I went to jail, it also stated I wasn’t the type of person who would cope in jail, again Dredd very briefly looked at it before aggressively saying such vile acts will not be tolerated etc. etc.
HE SENTENCED ME TO 8 MONTHS IN PRISON.
I was shocked, My Miss Barrister and the secretary came to see me before I was put in a cell, Miss Barrister said there was nothing she could have done in such a short space of time, but asked if I would like her to apply for bail and put an appeal in, Immediately I said “yes please could I get out on bail today”
She said “No it will take a few days before it goes through but hopefully I could be on bail within a week pending appeal which could take 6 months.”
I was then sent to Doncaster prison.
It was like a nightmare, my wife had no money or savings to pay bills etc., she was already on antidepressants and had to be put on double the dose, I also had to go on them in prison as I couldn’t cope.
Remember, his only care was for the 3 Muslim's, “You will put the 3 Muslims THROUGH HELL going to trial.
On the following Monday my wife phoned my solicitors 2 who said not to worry, the appeal had been sent off and it had been passed by counsel already which was a good start, they said it had been expedited as well, yet going by the date of the letter it was dated on the Tuesday so probably posted Wednesday.
Nothing was heard about the appeal or bail until about 2 months on, Solicitors 2 kept coming up with excuses like they had phoned appeal office up daily but they are short staffed and it will be the next few days before my appeal goes to court, this went on for a few weeks, my mum and wife had gone into my solicitors 2 to complain as nothing was being done and to say how poor I was treated by them, then finally it was passed by the first judge, My Solicitors 2 stated he would visit me to explain and answer my complaints, he told my mum he would visit me in the next couple of days but he never came, then he did finally arrange and give a date and time to visit me in Doncaster, I was called down to visits area and waited about an hour, the lady phoned My Solicitors 2 to confirm Mr Solicitors 2 hadn’t forgotten and she was told he set off about 2 hours ago, I waited a while longer before I was told to go back to my cell.
He never turned up, I was told afterwards his wife was ill and he had gone home but he would visit me another day, a couple of days later he arranged a video link, and apologised for not turning up due to personal problems, he stated my rep didn’t turn up at court in Barnsley because his secretary had forgot to put it in his diary, yet I said I phoned a couple of days before I was due at court and he said again no one had passed it on through lack of communication, he failed to answer most of my other complaints so I asked him if he could apply for a HDC tag, as my religious harassment charge came under racial charges and if I wanted to appeal to contact solicitor.
Mr Solicitors 2 said “No need to apply as your appeal has been passed by the first judge so you will be out before your tag date anyway”
I asked if he was sure, he said
“Oh yes, certainly, no other judge in south Yorkshire would have even sentenced you and you have already served 2 months in prison, 90% of cases don’t even get past the first judge so I’m certain you will be out soon.
I said “what if there is another judge Dredd, he said
“Very unlikely and not to worry”
I again asked if he could apply for my HDC and he said “He would put it on the back boiler for now as he was certain I would get out on appeal.
A couple of weeks later my appeal was turned down, I was shocked! My wife phoned Solicitors 2 up to ask why, and they said they were waiting for another fax to come with details and they would let her know as soon as they find out, my wife or myself received no more contact from Solicitors 2, not even an explanation of why appeal failed, yet in the local paper it gave lots of info on my appeal and why it was declined, my opinion is that Solicitors 2 had let Miss Barrister know I had been complaining about them all so I don’t think she will have bothered doing or saying anything in my defence as it was very odd how it got passed the first judge and he agreed my sentence was excessive.
I wrote to Mr Solicitors 2 asking him to apply for my HDC tag and my mum emailed him about it but neither of us got any replies, so I wrote to another solicitor out of the prison newspaper who within a couple of days spoke to me on video link and couldn’t believe I was in prison for that charge, he said he would speak to a barrister and see if it was worth going back to court to force a judicial review, but he was running out of time as I only had a few weeks left, his barrister friend agreed it was worthwhile and he applied to Doncaster for my tag saying I was an exceptional circumstance as shown in the PSI handbooks, but Doncaster replied saying it was home office rules not to give me HDC, and then there was not enough time left to go to court. South Yorkshire CID came to see me the week before I was released and they said they had read through my case and couldn’t believe I had been sent to prison, they asked who my solicitor was and when I said Solicitors 2 rep, they both shook their heads and said
“That’s why your here, he is an ex superintendent, I think they called him, then added
"he would want you to plead guilty to it all to get it over with so he doesn’t have to do any work on the case",
From what they had read it looked like I should have been given a £50 fine and no court case or anything. Whilst in prison I got my mother to try and complain on my behalf about the solicitors 1 and 2 and the barristers and judge.
So now I am back home, I would like to know how to carry on with these complaints, what information do you need, I have copies of letters to solicitors showing my complaints to them, there replies, my court papers, my appeal papers etc, I would like to take these complaints as far as possible as I think through their lack of service and help I ended up spending 4 months in prison, Solicitors 2 were more like the prosecution, likewise the barristers were no help especially leaving the case just the night before and not preparing any defence case to pass onto the new barrister.
I’m absolutely disgusted with the service I was given, I have ended up with about £20,000 debt due to my business and mortgage, bills etc. can you let me know what I need to do next and what information you need from me. Full and concise details of the case are available on request.
For information- I served my sentence with remission. I went to see the probation people who interviewed me at length and I told them that my solicitor and barrister wanted me to plead guilty to things I hadn’t done and they said it doesn’t say much for our justice system, and whilst in prison I spoke to other prisoners who were also forced into pleading guilty even though many were innocent of added on charges. Previously known as, Taken into consideration, or TIC.
I thought in court you were to tell the truth, the whole truth and nothing but the truth, yet solicitors, barristers and prosecution are so corrupt in making you tell lies to get a lesser sentence. Things need to change as there is too much corruption going on, yet alone the costs involved in court cases, and costs keeping prisoners in prison, these things should be brought to the publics notice and things definitely need to change.
Signed (The accused and convicted)
To put this into some perspective, read a small selection of how our judiciary treat and deal with Muslim criminals.
YOU WILL NOTE, NOT ONE GOT A CUSTODIAL SENTENCE.
A group of fanatics — who call themselves Muslims Against the Crusades — branded our brave boys “the death squad” and chanted “go to hell”. http://www.thesun.co.uk/sol/homepage/news/3015394/Extremists-insult-to-troops.html