Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Feminism: Sex and gender discussions

Miranda in court

850 replies

EweSurname · 01/03/2019 12:11

I didn't realise Miranda Yardley was in court today over alleged transphobic harrasment.

Debbie Hayton
@DebbieHayton
At Basildon Magistrates Court where Miranda Yardley is on trial for transphobic Harassment. The prosecution applied for reporting restrictions to prevent the complainant Helen Islan from being named. The judge has not granted them. So Helen Islan can be named.

Sending Miranda good luck vibes.

OP posts:
Thread gallery
16
PreseaCombatir · 04/03/2019 07:51

Obviously this case didn’t set a legal precedent, but hopefully it will show the police/cps that you need PROOF of harassment.
As in, being harassed. Over a period of time.
Not reading a tweet that hurt your feelings.

Needmoresleep · 04/03/2019 07:51

If the CPS has any sense at all - and who knows if it has - it will think very very carefully before bringing another ridiculous prosecution based on the hurt feelz of a TRA.

And hopefully, in the light of the judge's comments, they will look carefully at their current guidance, written by whatever bit of the Stonewall hydra, on what constitutes hate crime.

buzzbobbly · 04/03/2019 09:12

Responses to a Government consultation on those reforms...

I read somewhere they had over 100,000 responses. I bet they don't know what to do with themselves with so many replies to a Government consultation!

SharkBastard · 04/03/2019 09:50

Glad Ed has put an FOI on my arrest. Saves me a job 😁

FemalePersonator · 04/03/2019 10:13

waves to Shark

You are great and I have enormous respect for you.

Melroses · 04/03/2019 10:17

Can you put in a foi on someone else’s arrest that you are not representing? Will it not clash with GoPro or something? Confused

Melroses · 04/03/2019 10:18

GDPR not sure why the silly iPad thinks that is GoPro.

SharkBastard · 04/03/2019 10:37

I doubt he'll get anything back other than a response of 'no'. I'll be looking into it obviously cause I would like to see who signed it off and on what grounds did they think it acceptable.

It's with the CPS at the moment so still ongoing 3 months later

Datun · 04/03/2019 10:43

I've never done an FOI request, but as far as I was aware, you have to be very, very specific. He has asked:

"Request:
I want all data held relating to the decision to prosecute Miranda Yardley regarding harassment against Helen Islan.

Yours faithfully,

Edward Williams"

I don't know if that's specific enough?

EweSurname · 04/03/2019 11:22

Joani Walsh
‏*@joaniwalshi*
Miranda Yardley has made a complaint to the CPS about bringing a case without evidence.

OP posts:
Popchyk · 04/03/2019 11:27

Good on ya, Miranda.

RiverTam · 04/03/2019 11:41

God, well done, Miranda! I wouldn't have blamed you at all for just wanting to step away from this shitstorm but thank you so much for pursuing this.

nauticant · 04/03/2019 11:45

There seems to be something off to me about the application of Mischon's Pink Law in this case. It's one thing to give advice to marginal communities and quite another to support a case that is apparently without merit in a way that causes worry and hardship to a targetted individual over a long period of time.

I have seen cases in the past where firms have been held liable for being a little too zealous in their approach in acting on behalf of their client.

OlennasWimple · 04/03/2019 11:46

Datun - no, you don't have to be specific in making a FoI request, but it's helpful in terms of getting the info that you are actually after rather than something that is close but easier for the authority to produce

The CPS aren't going to give the response that this person is after, thought. The FOI Act has a number of exemptions that allow a request to be refused, many of which are potentially at play here (criminal investigation, legal privilege, personal data...) IMO Miranda's complaint to the CPS is more likely to get to the heart of what happened, particularly if he has support from his MP

A more interesting FOI would be to ask the CPS who has delivered training to them on hate crime - I bet I know the answer in advance...

Popchyk · 04/03/2019 11:55

"There seems to be something off to me about the application of Mischon's Pink Law in this case".

It is supposed to be for the benefit of the LGBT community.

In this case it was used for a heterosexual woman to harass a transsexual through the courts.

Slow handclap for Pink Law.

wrongsideofhistorymyarse · 04/03/2019 16:27

💐 Shark

LordProfFekkoThePenguinPhD · 04/03/2019 16:38

I guess the woman was complaining that Miranda was targeting her child (by referring to them by using information which was already plastered on social media by mommy dearest)? So a pink on pink complaint.

I know nothing about her child so guess they weren’t old enough or bothered enough to complain themself.

However it seemed like an overbold action taken out by a complainant who felt empowered to harass and a law firm who is potentially damaging their reputation and making themselves look foolish for a very obvious Lawyering 101 mistake.

Datun · 04/03/2019 16:56

OlennasWimple

Ah ok, thanks for that info about the FOI request.

And I agree, asking who has delivered the CPS training would surely expose the reason why they felt confident in bringing a case with no merit.

EweSurname · 04/03/2019 19:20

Joani Walsh
@joaniwalshi
I think Miranda’s going in the Telegraph tomorrow.

OP posts:
Popchyk · 05/03/2019 11:33

Spectator article about Miranda, written by Debbie Hayten.

Debbie is transsexual for those who don't know.

A collapsed case shows the perils of policing transphobia

blogs.spectator.co.uk/2019/03/a-collapsed-case-shows-the-perils-of-policing-transphobia/

Won't copy and past the whole article, but Debbie obligingly listing West Yorkshire Police's tactics:

"In April last year, Islan complained about Yardley to West Yorkshire Police. This constabulary has a record of investigating potential transphobic hate crime with enthusiasm. While trans people like me really do appreciate efforts to stamp out the intimidation and abuse we face on the street, West Yorkshire Police take an enthusiastic interest in political disputes between campaigners. Even worse, their reach extends far beyond their county: they previously spoke to Graham Linehan (creator of Father Ted) and sent officers to interview Posie Parker (creator of the Woman = Adult Human Female campaign). In Yardley’s case they managed to convince the CPS that a social media squabble between consenting adults constituted harassment. In April last year, Yardley was interviewed under caution, then in August fingerprinted and charged with harassment with the aggravating circumstances that the crime was motivated by transphobia".

"But why did West Yorkshire Police investigate a political dispute, and the CPS then prosecute it? The deleterious effect of post-modern identity politics is certainly a factor, but there are some rather more specific alarm bells ringing in this case: who has been training public bodies including the police and the CPS? Training and education on transgender inclusion is firmly in the grip of advocacy groups including Mermaids UK, the group that Islan herself has been closely involved with. Mermaids proudly cite their training of the police on their own website. Meanwhile the CPS took advice from a Mermaids representative when formulating their own guidance. The potential for conflicts of interest are staring us in the face".

Popchyk · 05/03/2019 11:38

Basildon, Canvey, Southend Echo:

Transgender Miranda Yardley innocent of hate crime

Refreshingly referring to Miranda as a man.

www.echo-news.co.uk/news/17475551.transgender-miranda-yardley-innocent-of-hate-crime/

OlennasWimple · 05/03/2019 12:10

Good piece by DH (though I don't think it's accurate to describe Miranda as a "self-identified transsexual", is it?)

Incidentally, the district judge who heard the case has a long history of critcising "cases that should never have been brought". I'm so glad we have an independent judiciary in the UK

ErrolTheDragon · 05/03/2019 13:52

I don't think it's accurate to describe Miranda as a "self-identified transsexual", is it?

My understanding is Miranda has been diagnosed and treated for dysphoria - but 'self-identified transsexual' is correct as that's the description Miranda chooses (versus transgender, let alone 'woman'). The TRA lobby don't like this.

Popchyk · 06/03/2019 21:06

Just a bit more info put up by Miranda's firm of barristers. Strong statement by them.

www.2harecourt.com/2019/03/04/gudrun-young-secures-no-case-to-answer-in-controversial-first-prosecution-for-transgender-hate-crime/

Gudrun Young Secures No Case to Answer in Controversial First Prosecution for ‘Transgender Hate Crime’

The country’s first prosecution for “transgender hate crime” collapsed when District Judge Woolard sitting at Basildon Magistrates Court ruled that there was no case to answer at the close of the prosecution evidence.

The complainant, Helen Islan, who works on behalf of the controversial charity Mermaids, alleged that the defendant was guilty of harassing her by potentially exposing her and her transgender child to bullying and abuse.

Helen Islan frequently campaigns on transgender issues via social media on the basis that she is the mother of a transgender child. The defendant Miranda Yardley, herself a transgender woman, had tweeted a message linking Helen Islan’s full name to her Twitter handle and stating that the “self-interest of Helen Islan is in justifying to herself her decisions to trans her daughter”. The information was contained in a screen shot of a Google search which had also brought up an image of Helen Islan and her children.

When Helen Islan took to Twitter to complain that this had “outed” her transgender child, Miranda Yardley accused her in subsequent Tweets of being a “manipulative liar”.

It was the Defendant’s defence to the offence under section 2 of the Protection of Harassment Act 1997 that all of the information contained in the original Tweet was already in the public domain – put there by Helen Islan herself – and she was entitled to express her views regarding the complainant’s campaigning activities.

Having heard the complainant’s evidence, the Judge stated that there was no evidence of harassment, that issues of freedom of speech enshrined in Article 10 of the ECHR were clearly engaged and that it was a case that the CPS should never have brought.

Questions need to be asked as to why the CPS not only decided to prosecute Miranda Yardley in these circumstances, but were also so quick to inappropriately label it an incidence of “transgender hate crime”.

Of even more concern is that the CPS unsuccessfully applied for reporting restrictions to prevent the complainant’s full name being published (on the basis that this was necessary to send a message to future victims of “transgender hate crime” that the courts would protect them by granting anonymity). The Judge unhesitatingly ruled that there was a clear public interest in reporting matters of this kind.

However, had the application been granted, this would have set a worrying precedent. This is especially so given that the case had potentially far-reaching implications, not only in terms of the sensitive and difficult debate on transgender issues, but regarding freedom of speech and in particular the extent to which the expression of views on social media that some people find offensive can or should be criminalized.

Whilst the attempts by the police and the CPS to signal support for victims of what is increasingly called “hate crime” (the very concept of which requires further thought and definition) is understandable, they should be very wary of attempts to use the court system to silence political and ideological opposition.

truthisarevolutionaryact · 06/03/2019 21:12

That's a very strong piece from Miranda's barristers and an excellent piece from Debbie Hayton in Spectator.