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Feminism: Sex and gender discussions

Marion Millar's case delayed again

351 replies

Cabinfever10 · 04/10/2021 14:10

As the title says yet again today's hearing/legal arguments have been rescheduled this time until the 1st of November. 🤬🤬

Marion Millar's case delayed again
OP posts:
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MargaritaPie · 04/10/2021 17:44

www.heraldscotland.com/politics/19624223.new-court-delay-case-scots-feminist-charged-hate-crime/

"The complaint alleges she directed threatening or abusive behaviour at three people"

So there were 3 people, not 2.

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MargaritaPie · 04/10/2021 17:49

In other news, an MSP is calling for Joanna Cherry (the MSP representing Ms Millar) to resign or be expelled because of alleged transphobia.

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CuriousaboutSamphire · 04/10/2021 17:53

So there were 3 people, not 2. How could we know? How could she have known prior to her last court appearance? That's the problem when you only know what you are being accused of the day you get to court - no bugger knows!

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KittenKong · 04/10/2021 17:55

3 people - how can they know, what with all the pronouns and that...

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Artichokeleaves · 04/10/2021 18:00

@MargaritaPie

In other news, an MSP is calling for Joanna Cherry (the MSP representing Ms Millar) to resign or be expelled because of alleged transphobia.

Been saying sex is real again? Shame.
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MargaritaPie · 04/10/2021 18:04

www.heraldscotland.com/politics/19622815.snp-mp-retweets-call-joanna-cherry-expelled-party/

Link.

AN SNP politician has retweeted a message calling for Joanna Cherry to be expelled from the party

I'm glad some are willing to stand up against homophobia and transphobia.

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BrandineDelRoy · 04/10/2021 18:04

@jhuizinga

It's again possible to do some gardening on behalf of Marion if you know where to look.

I just contributed from Texas!
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CuriousaboutSamphire · 04/10/2021 18:06

I'm glad some are willing to stand up against homophobia and transphobia.

I'd be delerious happy if someone could just bloody identify what transphobia actually is.

I know JCs comments weren't homophobic! So please, @marge, point at anything Cherry has said or done that is transphobic. Just so's I can get a handle on it!

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OldCrone · 04/10/2021 18:07

@MargaritaPie

In other news, an MSP is calling for Joanna Cherry (the MSP representing Ms Millar) to resign or be expelled because of alleged transphobia.

Apparently Kirsty Blackman (like Joanna Cherry, an MP not MSP) retweeted a tweet which said Joanna Cherry should be expelled from the SNP. Blackman later deleted the retweet.

www.thenational.scot/news/19623832.snp-mp-shares-post-calling-joanna-cherry-expelled-party/
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Maskless · 04/10/2021 18:16

@jhuizinga

It's again possible to do some gardening on behalf of Marion if you know where to look.

I have dug deep today and I hope my small contribution helps.
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Lovelyricepudding · 04/10/2021 18:29

@CharlieParley

I have been told that if she wins the hearing not only will all charges have to be thrown out of crt but it could see the hate crime law being struck off the statute (IANAL so don't understand how/why this could be or even if it's correct)

Unfortunately, the hate crime law is not going to be struck off the statute if the charges against MM are dropped or she is found not guilty.

The reason is simply that she was not charged under the new hate crime law, so nothing that happens at the hearing can have an impact on that law.

And judging from the Offensive Behaviour at Football Act (a previous and similarly bad law that led to countless discriminatory charges, predominantly against young Catholic men), it will take years of campaigning to change the new hate crime law away from being a new blasphemy law into something less totalitarian.

I agree that there doesn't seem a way this case could address hate crime laws. But the Scottish Parliament is not able to legislate against human rights - they do not have authority to do so, so any legislation that tries to is not 'valid'. Another thing that would go with independence.
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Jaysmith71 · 04/10/2021 18:32

The charge is the present-day version of 'Breach of the Peace,' with homophobia/transphobia as an alleged aggravating factor.

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nauticant · 04/10/2021 18:36

To me the point is the Scottish government and the prosecuting authorities in Scotland might start to realise that they're going to run into significant problems if they try to use pre-existing and the new hate crime laws in the ways they'd like. That they need to wind their neck in and instead should only seek to prosecute actual crimes involving actual hate.

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nauticant · 04/10/2021 18:38

Instead of using the hate crime legislation as a highly repressive tool to stop people saying things that the Scottish government and their favourite oppressed groups don't approve of.

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MargaritaPie · 04/10/2021 21:38

@nauticant

To me the point is the Scottish government and the prosecuting authorities in Scotland might start to realise that they're going to run into significant problems if they try to use pre-existing and the new hate crime laws in the ways they'd like. That they need to wind their neck in and instead should only seek to prosecute actual crimes involving actual hate.

I see a lot of people mention the proposed hate crime laws, but they aren't applicable to Millar's case. How can they be if they aren't even put into law yet.

Millar's charges have "homophobic and transphobic aggravators" I understand the wording used is.
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nauticant · 04/10/2021 21:40

You seem to have very poor reading comprehension.

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Mycatismadeofstringcheese · 04/10/2021 21:43

Can anyone give me a clue where I could find a garden? I saw there were a few false details doing the rounds and I want to be sure I’m digging for carrots in the right place.

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MellieBellie · 04/10/2021 22:06

Margarita, again you're incorrect. It is not 'proposed', it was passed into law in April. As Nauticant said, there is this bill & there was previous legislation to tackle hate crime.

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KimikosNightmare · 04/10/2021 22:17

@ACNHMAMA

Usually court cases get delayed because the court is double booked or the judge has an emergency appointment on the golfcourse

Please don't post nonsense, even if is struck out to try to be funny.

I see Miller has changed solicitors- it was Beltrami & Co, now Levy and McRae.

Senior and junior Counsel seems an overkill for a Sheriff Court non- jury trial.
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Lovelyricepudding · 04/10/2021 22:22

@nauticant

Instead of using the hate crime legislation as a highly repressive tool to stop people saying things that the Scottish government and their favourite oppressed groups don't approve of.

I guess that is one potential way it could scupper the hate crime bill indirectly: by showing that the prosecution of behaviours covered by that legislation is against human rights?
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KimikosNightmare · 04/10/2021 22:23

@MellieBellie

Margarita, again you're incorrect. It is not 'proposed', it was passed into law in April. As Nauticant said, there is this bill & there was previous legislation to tackle hate crime.

Margarita is correct. The Hate Crime Act was passed but it is not in force yet except for 2 sections which are administrative only.

The Act has no relevance to Miller's case.
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Theendoftheworldisnigh · 04/10/2021 22:30

@CharlieParley

I have been told that if she wins the hearing not only will all charges have to be thrown out of crt but it could see the hate crime law being struck off the statute (IANAL so don't understand how/why this could be or even if it's correct)

Unfortunately, the hate crime law is not going to be struck off the statute if the charges against MM are dropped or she is found not guilty.

The reason is simply that she was not charged under the new hate crime law, so nothing that happens at the hearing can have an impact on that law.

And judging from the Offensive Behaviour at Football Act (a previous and similarly bad law that led to countless discriminatory charges, predominantly against young Catholic men), it will take years of campaigning to change the new hate crime law away from being a new blasphemy law into something less totalitarian.

Is there an argument that the new Hate Crime legislation is not compatible with international human rights law?
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EmbarrassingAdmissions · 04/10/2021 23:15

@nauticant

You seem to have very poor reading comprehension.

That seems to be a recurring issue for someone who has repeatedly demonstrated an incorrect comprehension of various stories and texts.

I'll be interested to see how much longer the various bodies can continue to delay a case where one of the defence arguments is built on an understanding of human rights.
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Tesla73 · 06/10/2021 12:15

And like clockwork certain people are out to sabotage her again

as Glinner says here even if you are blocked you can report them for harassment (i was banned from Twitter long time ago so i cant do it)

grahamlinehan.substack.com/p/billingham-targets-marion-millar?r=hul36&utm_campaign=post&utm_medium=email&utm_source=

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CuriousaboutSamphire · 06/10/2021 12:20

How the hell Billingham has escaped police enquiry eludes me!

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