Now Russell Brand's been convicted of rape, we need to talk about Sylvie Berki. Because she can't speak for herself.
In 2014, Ms Berki said she'd been assaulted by Russell Brand.
But if she talks about it, even now, she risks jail.
Why?
Because Brand (and his then-girlfriend, Jemima Goldsmith) obtained a permanent, life-long, injunction against her.
Brand/Goldsmith said Ms Berki's accusations amounted to harassment, which caused them "anxiety and distress".
We can't see the final injunction, but we can see an interim injunction. It is insane. Berki was forbidden from telling anyone. The only exceptions: Thames Valley Police (to challenge its decision), and lawyers (if involved in the proceedings).
How could this be granted?
Because Ms Berki had no legal representation. Mr Brand had plenty.
You won't find a copy of the judgment anywhere - it was a summary judgment, without a trial. Ms Berki had no representation.
The judge apparently relied on inconsistencies in Berki's changing account and his assessment of her motives.
But how could he assess her credibility and motives, without hearing her evidence tested at trial?
Particularly when she had no lawyer? inforrm.org/2015/11/03/case-law-brand-v-berki-summary-judgment-granted-in-harassment-claim/
This was basically a nasty legal trick. Brand initially threatened libel. But libel law almost never lets you get an interim injunction to silence someone. So Brand's lawyers turned it into a harassment claim. It would never have worked if Ms Berki had had a lawyer.
So what precisely did Ms Berki allege? There's little in the UK press. But there was extensive coverage in the Hungarian press: 24.hu/szorakozas/2014/08/04/vilagsztar-akarta-szexre-kenyszeriteni-szilviat
I don't know if her accusations are true. But I do know Ms Berki should be able to talk about it. A police refusal to prosecute should not result in state-imposed silence.
I doubt Ms Berki has the resources to apply to lift the injunction. She probably can't crowdfund without breaching the injunction. So we'll never hear from her.
Unless...
Witnesses to Parliamentary Committees have absolute parliamentary immunity.
If the House of Women and Equalities Committee called Ms Berki as a witness then she'd be unconstrained by the injunction.
And, for the first time in eleven years, we could hear her side of the story.