Maya Forstater court case

[Bardonnay]

Sorry to link to the DM but they've covered Maya Forstater's upcoming court case here:
https://mol.im/a/7683207.

Maya's account of events is here and her post links to updates about the case: https://medium.com/@MForstater/i-lost-my-job-for-speaking-up-about-womens-rights-2af2186ae84

I don’t think the defence solicitors are rubbish - it’s just that any arguments that support being able to actually change sex are rubbish. They haven’t got anything to actually build a case on. A dry, precise court where emotional arguments have no sway is precisely the right place to expose this. The judge is used to sifting evidence and arguments and should see right through this. (Fingers crossed.)

I think the defence team will be dying to get home tonight to open a bottle of wine and try to forget today. Hope the College of Policing team know what is coming their way next.

jellyslice
I didn't express myself well.
I meant, I can see that trans people may wish to argue that gender is fixed, and since it is an internal state that is subjective it is hard to argue against this except by stating that one's own experience is not that.
But arguing that sex is not fixed is bonkers, surely everyone can see that.

Common law contempt of court: Intention is necessary to commit common law contempt. The material must have been published with the design to prejudice criminal proceedings that are pending or imminent, a definition which introduces a fine line between pressing for prosecution, which is acceptable, and influencing public perception of an individual who is about to be prosecuted, which is forbidden. There is no defence for publication in the public interest, but a court would need to consider the requirements of article 10 of the European Convention on Human Rights and the need for proportionality in view of any legitimate purpose which the publication may serve.

Guardian?^^

Love this tweet I found rt by Object

He's basically saying that women will just have to work with difficulty and get used to it over time, it's what society wants - for women to submit to men on this, so just get used to it

But it isn't what society wants at all. In fact quite the opposite, yet we are being ignored. A tiny % of the population that has an issue with their birth sex are demanding loudly that they should be priority over everyone else and that the rest of us must ignore our own words, beliefs, safeguarding and reality on nothing more than their say so.

Maya took every opportunity to articulately put across the gender critical point of view and need for women's spaces and sports. All the journalists that were present means those views will now get a wider audience

Pygmy, it must have been really encouraging to watch this. It sounds like Maya has done a superb job and this will be such a significant victory if she is successful. It will be interesting to see how the media reports on this.

Ah no, I missed the word ‘criminal’. But maybe this?

Statutory contempt of court: Liability for statutory contempt of court is strict. This means that the publisher cannot escape liability by arguing that he had no intention of prejudicing on-going legal proceedings or that he did not know that the material was sub judice. The degree of prejudice which results from the publication is also irrelevant; it is sufficient that there was a risk that the proceedings would be substantially prejudiced.

Looking at twitter - Maya is playing a blinder , and good luck and all the rest.

Is bleak though that biological science can only be defended as being on a par with a belief in the miracles at lourdes or Xenu the galactic warlord...

These are not criminal proceedings Birdsfoottrefoil.

I sincerely hope that the entire court is packed to the rafters with journalists.

Pencil I realise that with common law contempt but I think statutory contempt of court is also civil? I am not a lawyer though.

I sincerely hope that the entire court is packed to the rafters with journalists.

And that they report it.

x post. Possibly:

www.channel4.com/producers-handbook/media-law/contempt-and-reporting-legal-proceedings/contempt-or-sub-judice-rules

Just from reading this, I think if it's just going to be a single judge throughout the ET then it's probably not contempt as judges are considered to be immune from prejudice. If there's going to be a panel with lay members at the main hearing then I think this is worth looking at.

But I am also not a lawyer

Either way it's not true and it's defamatory - dangerously so in the current climate.

It might be worth asking for a correction, or asking them to quote Mayas statements to this effect instead of paraphrasing

Where the heck does that dude think that tutting loudly is a response.

If I tut at him loudly will he go away and stop telling women what to do?

They've corrected it already:

A researcher who lost her job at a charity after tweeting that transgender women cannot change their biological sex has said at an employment tribunal that she “does not harbour any ill-feeling” towards trans people.

And that they report it.

Asking how anyone knows what sex someone is too juicy a morsel, to me.

I mean, I'm still reeling to be honest !!!

A researcher who lost her job at a charity after tweeting that transgender women cannot change their biological sex has said at an employment tribunal that she “does not harbour any ill-feeling” towards trans people.

That's completely different!

Are these people writing stuff with one hand while they're playing call of duty with the other ??

Screenshot of the original article.

I don’t think the defence solicitors are rubbish

Well they did say that gender identity is a protected characteristic under the GRA. Wrong protected characteristic and wrong act of parliament. For a barrister that really is quite rubbish

The employers appear to have shit lawyers AND nothing to build a case on.

Perhaps the employers’ lawyers were specifically throw the case by being hopeless so that a loss can be pegged in crap lawyers rather than shaky foundations.

Specifically asked...

Telegraph report

https://www.telegraph.co.uk/news/2019/11/15/bar-offence-low-discussing-transgender-policy-proposals-tribunal/