Posts Tagged ‘Juries’

Tories Trying to Undermine Justice by Appealing against Colston Statue Decision

January 11, 2022

I’ve already written a long piece about the acquittal of the four people responsible for the attack on the statue of Edward Colston. They were accused of criminal damage, but successfully defended themselves on the grounds that the attack was justified as the statue constituted a hate crime. The 12 good men and women true agreed, or the majority did, and so they were found not guilty. The right has been outraged, fearing that this defence leaves other controversial monuments at risk of destruction by the woke. I don’t believe that this is necessarily the case, and think that the threat to Britain’s heritage is probably exaggerated. As for the case of the Colston statue itself, there were campaigns to have it taken down going back thirty years or so. The people of Bristol voted for it to stay when they were polled, but now that it’s been torn down I think probably most people in the city are sick and tired of hearing about it.

But not, it seems, the Conservatives. Suella Braverman, our wretched attorney-general has apparently appealed against the decision. Mike and Zelo Street have both put up excellent articles stating what this appeal actually means. It’s another attack on British justice. Braverman and the Tories have no evidence and don’t allege that there was a mistrial, and so there is no real justification for an appeal. It’s just the Tories trying to revoke a decision they don’t like. This is an attack on the independence of the judiciary, which is one of the fundamental constitutional checks against government power. And the Tories aren’t just doing it with the verdict for the Colston Four. They’re also trying to pass legislation that would allow them to set aside judicial decisions against the government and its policies. It’s another step towards the right-wing dictatorship Johnson and co seemingly want for this country. It’s not too far from the way judges in the 17th century would send juries back to reconsider their verdict, and even imprison them, if they gave one they disagreed with. That power was undermined and discredited in a historic trial in Bristol in the late 17th century when William Penn, a Quaker and the founder of Pennsylvania and a group of his co-religionists were put on trial for seditious preaching. The jury repeatedly refused to convict them, and so the beak kept sending them back until he had them imprisoned until they came in line with his views. Which they didn’t. As a result, Brits not only have the freedom to be tried by their peers, but their peers have the freedom to deliver verdicts which accord with their consciences, not the authorities. Braverman’s appeal isn’t going to restore this unjust practice exactly, but it is doing something similar.

But it may also be a case of ‘be careful what you wish for. You might just get it’. Zelo Street’s article gives the learned opinion of lawyer Adam Wagner, who tweeted “there is a basic issue which will be becoming clear to ministers – a jury verdict sets no precedent, so the law is as it was, but a Court of Appeal decision would set an important precedent, which may not be the one the govt want”.

The Sage of Crewe also gives the opinion of those other internet legal gents, the Secret Barrister and and Jolyon Maugham. The Barrister said: “Not a single high profile criminal case can now pass without the Attorney General – a person with no experience of criminal law – exploiting it for political gain. It is difficult to think of an AG who has more enthusiastically abused their office”.

And the foxhunting lawyer gave his opinion on how much Braverman’s and the Tories’ determination to attack the verdict showed they really cared about British tradition and liberty: “By attacking the jury verdict in the Colston case Braverman tells a simple truth about how much Government really cares … about ‘British traditions’ … Theirs is a government without principles, without substance, of empty nationalistic signalling”.

But you wouldn’t know that by the way the right keeps banging on about our ancient constitutional liberties and the philosophers and lawyers who contributed to and guarded them. Like Sargon of Gasbag and the other Lotus Eaters raving about John Locke against the threat of the woke. Locke is one of the country’s great constitutional theorists. His Two Treatises of Government attacked autocratic theories of absolute monarchical power and instead provided powerful justification for the people exercising their sovereignty through elected representatives. He wasn’t a democrat. Indeed, the constitution he worked out for Virginia is based very much on the contemporary British social hierarchy and the power of the landlords. But it was a vital step towards modern, liberal theories of democratic government.

The Tories’ attack on the verdict represent another attack on these vital traditions and liberties in favour of restoring the power of a ruling class threatened by any indication of dissenting popular opinion.

https://zelo-street.blogspot.com/2022/01/suella-braverman-is-idiot.html

Daniel Haqiqatjou – The American Muslim Propagandist Who Wants to Kill Gays, Apostates and Bring Back Slavery

August 18, 2021

This is another piece from the anti-Islamic YouTuber, the Apostate Prophet. I said yesterday when I posted another piece up by his that I don’t share his atheism nor his wholesale dismissal of all of Islam, although it very definitely isn’t my religion. Not all Muslims are the same, and I got the impression that there is a wide variety of belief and practice within global Islam. It’s therefore wrong and dangerous to give the impression that all Muslims are somehow militant hardliners wishing to impose the sharia and subjugate the unbelievers.

But there certainly are some very unpleasant individuals in the western Islamic community, who would like to impose an extremely strict, repressive version of Islam and who have a bitter hatred of gays, non-Muslims and apostates from Islam. These people, like White Fascists, deserve to be exposed and condemned for their vile views. One of these is Daniel Haqiqatjou. Haqiqatjou is an American Muslim apologist of Iranian extraction. In this post from June last year, 2020, the Apostate Prophet discusses Haqiqatjou’s squalid views and his connections to the Yaqeen Institute, a hard-line Islamic organisation whose leader, Omar Suleiman, attended some kind of public gathering with Joe Biden.

Haqiqatjou would like the death penalty for homosexuality. On LGBTQ Remembrance Day last year, he joked about remembering them through Muslim base jumping. It’s a tasteless joke about the method used by some Muslim countries of executing gays by throwing them off tall buildings. When AP called him a vile piece of sh*t, Haqiqatjou made it clear that people like him wouldn’t be forgotten either. Which is a reference to the traditional Muslim penalty for apostasy, death. The video contains a clip of Haqiqatjou explaining this to one of his callers. He also wrote a piece for the website of Muslim Jurists of America hailing the Sultan of Brunei’s introduction of Islamic law against homosexuals and fornicators, and urged western Muslims to come to Brunei to watch a public caning to see Islamic law in action. Thanks, but I’d rather stay in Britain and watch Gardener’s World. He also whined about how the West looks down on child marriage, but western children are sexually active at 13, 14, 15. The Apostate Prophet points out that this is 14 year old kids having sex with other 14 year olds. It is not a case of thirty year old men marrying 13 year old girls.

Haqiqatjou did, however, have some criticism for his posts from the American Muslim community. This was from an American convert, Justin Parrott, who objected to them, not because he found them to be wrong or offensive, but because he and other Muslim authorities didn’t want him to make Islam look bad. Haqiqatjou dismissed this by saying it is exactly what Jews and Christians have done to their religion, and they won’t look well on Islam unless Muslims convert to their religions. And so he blithely carries on spreading his backward views.

The Apostate Prophet also makes point in this video that there is something wrong in western society. If a westerner expresses hatred of homosexuality, like the baker who refused to bake a cake for a gay couple, or if they express concerns about Islamic grooming gangs and immigration, then they are met with immediate howls of disapproval and cancellation. But the worst thing that happened to Haqiqatjou when he posted his obnoxious views online was that the post was taken down, something he found to be terribly tyrannical. Which is especially rich coming from him, as if left to him he’d end freedom of speech. All in the name of Islam, of course.

And in July last year, Apostate Prophet put up this video in which he questions Haqiqatjou on his attitude to slavery. Guess what! Haqiqatjou doesn’t condemn it. Indeed, he tries to defend it by saying that where it exists, the slaves may be better treated than free workers. He accuses AP of comparing slavery to an idealised form of freedom that has never existed, and may not make people happy. It seems to me to be very clear from this that Haqiqatjou would like to bring back slavery.

Now Haqiqatjou is correct when he says that in countries where slavery still persists, the slaves may be well treated. I can remember one book on modern slavery stating that the lot of slaves in those cultures that still practise traditional slavery is much better than modern from of enslavement, disguised as long-term work contracts, for example. I also suspect that Haqiqatjou has a very romanticised view of Islamic slavery. It could be different from western chattel slavery, in that slaves could serve as soldiers, scribes and arrange their masters’ business affairs. The Mamlukes, the Muslim warriors who ruled Egypt prior to Napoleon’s invasion, were originally such a corps of slave soldiers. Their name actually means ‘White slaves’. And ostensibly free labour, as we’ve seen, can be highly exploitative. The abolitionists’ opponents in the 19th century argued that it was hypocritical of William Wilberforce and the others to demand freedom for enslaved Blacks, when their White ‘factory slaves’ endured such grinding poverty and poor conditions. I suspect Haqiqatjou looks back on Islamic slavery as a time, that actually didn’t exist, when loyal slaves worked for caring, paternalistic masters. One of the British ambassadors to Zanzibar and Pemba in the later 19th century argued that the British government should not bother about demanding the abolition of slavery there because it was so benign and gradually dying out. But it didn’t, and the resentments of the enslaved Africans grew until there was a rebellion in the 1920s in which the ruling Arab class was massacred.

As for Haqiqatjou’s bizarre statement that ‘owning a person is better than renting a person’, this shows his ignorance about the issue. In free labour, the employer rents the worker’s labour. He does not rent the worker. It’s a fine, but important point.

Now I believe that genuine freedom comes with true democratic rights – the right to elect one’s rulers, serve on juries and negotiate with employers over wages and conditions. Which means the right to form trade unions and other professional associations, which Conservatives and Libertarians hate, because their interpretation of freedom is just freedom for the bosses, not the workers. But freedom begins with personal freedom – the freedom to do exactly as one wishes away from work, regardless of the views of one’s master, and not to be tied to one employer. Haqiqatjou, it seems, would like to end that, just as he would like to end secular law and government.

Now I think Haqiqatjou is almost certainly an extreme case. I doubt many western Muslims would want to see the return of slavery. Even the Saudis officially ended it in 1964 or so, although it still goes on in private and foreign workers are treated as slaves under the sponsorship system. I read somewhere that the Mullahs in Iran briefly considered bringing it back after the Islamic Revolution, but they decided against it. And there are certainly Muslims in the West who very strongly oppose views like his.

Unfortunately, liberal, modern Muslims are given no support in their struggles against the hardliners, and there certainly does seem to be a double standard amongst western liberals towards intolerant, repressive Islam. At the moment the west is going through paroxysms of guilt about its historic involvement in the slave trade. I realise that there are a few extremists out there, who would like to have it brought back. They are tiny minority who are rightly marginalised and attacked for their views. But it seems that their Muslim counterparts with deeply unpleasant views, like Haqiqatjou, are free to express similar views and no-one says anything against them.

This has to change. Fighting Islamic intolerance does not equal Islamophobia or fighting Islam. It is defending democracy and freedom, not all of whose enemies are White or somehow virtuous because they’re people of colour.

Attack of the Clowns: Widdecombe Compares Brexit to Slaves’ and Serfs’ Revolts

July 6, 2019

How stupid, moronic and just plain offensive can the Brexit party get before the British public wake up and realise that they’re a bunch of Fascist buffoons turning Britain into a laughing stock. A few days we had Nigel Farage himself going full Nuremberg at a rally, which began with the sound of air raid sirens. You know, to evoke the spirit of the Blitz, because Britain leaving Europe is exactly like that time in the Second World War when Britain stood alone against the might of Nazi Germany. Except that, er, we didn’t. We had the resources of the entire British Empire, as well as the members of the free forces of occupied Europe to help us. Like the Poles, who served in the RAF, and who shot down more Nazi planes than the bryl-creem public school boys. Zelo Street was particularly offended, posting up an article about the real horror of the Blitz, and the carnage Britain suffered, especially in area vital to the war effort, like Liverpool. Of course Brexit isn’t remotely like the horrendous death and destruction Britons suffered during the War, and to make the comparison trivialises it.

https://zelo-street.blogspot.com/2019/07/nigel-farage-back-to-nuremberg.html

The at the opening of the European parliament, they all turned their backs as the EU’s anthem, Beethoven’s ‘Ode to Joy’ play. Despite their bluster and protestations, this is exactly what the Nazis did in the Reichstag, and similar shows the Brexit party’s Fascistic psychology. Especially as Beethoven’s ‘Ode to Joy’ looks forward to peace and harmony amongst the world’s peoples.

https://zelo-street.blogspot.com/2019/07/brexit-partys-ode-to-nazism.html

And now the woman one gay Christian I know refers to as ‘the Widdy bigot’ position of her attitude to gays has also joint the ultra-patriotic orgy of crass stupidity, and compared Brexit to slaves’ and serfs’ uprisings and colonial revolts.

After first stating her objects to what she considered the unelected status of particular EU officials, Widdecombe declared

“There is a pattern throughout history of oppressed people turning against their oppressors. Slaves against their owners, the peasantry against the feudal barons”. 

To which she added her comment about ‘colonies rising against their empires’.

She’s wrong about the various officials and leaders of the European Union being unelected, as Zelo Street has pointed out in this article here:

https://zelo-street.blogspot.com/2019/07/eu-leaders-unelected-my-arse.html

As Mike reported yesterday, EU leader Guy Verhofstadt’s response to her nonsense was to call her a ‘clown’.

Widdecombe says Brexit is like the emancipation of slaves. No wonder Verhofstadt called her a clown

Black politico and activist David Lammy was particularly offended by her comparison to slavery. He tweeted

Anne Widdecombe just compared Britain leaving the EU to “slaves” rising up “against their owners”.

It is impossible to explain how offensive and ahistorical it is for you to equate my ancestors tearing off their chains with your small-minded nationalist project. Shame on you.

Exactly. To show how grossly offensive Widdecombe’s statement is, let’s consider the status of Black chattel slavery in the British Empire.

There have been different types of slavery throughout history, some types milder than others. But Black chattel slavery – which is the closest in history, and whose effects are still being felt – was particularly horrific. In this form slavery, which Mr Lammy’s ancestors suffered along with millions of others, slaves have zero rights. None. Nada. Zilch. They are property.

  • They have no political rights. They cannot vote in elections, nor stand for election to parliament or some other representative assembly. They cannot act in any official capacity whatsoever.
  • They have no legal protection under the law. They cannot serve on juries, nor can crimes committed by slaves be decided in a court of law. They have absolutely no right to due process or legal protection.
  • They may not claim equality or associate themselves with Whites.
  • As property, they have no property rights. Any property they hold is that of their master.
  • They have no right to family life. Families can be split up at their master’s pleasure. Slave women may be separated and sold apart from their men. Slave children may be separated from their parents and sold.
  • Their masters may feed, clothe and work them how they wish. Some colonies passed legislation providing that their masters had to provide some clothing for them. This was a shift – petticoat – for women, and drawers – underpants – for men. That’s it, provided once a year. Visitors to the West Indies described slaves frequently working naked in the fields.
  • They are absolutely and completely at their master’s mercy. Their owners may treat them how they wish, as they are property, not legal persons. Punishments for slaves include gagging in horrific iron masks, flogging, castration, amputation and being dissected alive. Along with other punishment too disgusting to be described here.

The status of European serfs during the Middle Ages is similar, but less severe. Serfs differ from slaves in that they are bound to the soil, while slaves are the property of individuals. European serfs also had some property and legal rights. However, they were still considered property themselves.

  • Serfs are not free but the property of the lord of the manor. Crimes between serfs are decided in the manor court.
  • They have families, but these are referred to in law as sequelae – broods.
  • They have their own land to work, but must work several days a week for their lord. They are subject to a beadle, an overseer, who presides over them with a whip as a mark of his authority. Like the slave drivers in later chattel slavery.
  • Women are not free to marry as they wish. Apart from being under their father’s authority, they are also considered property of the lord. Thus, if a serf’s daughter wishes to marry, then her father has to pay the lord compensation, called a merchet.
  • At a serf’s death, any property he holds from the lord immediately escheats back to him, and the parish priest may take his ‘best beast’. Widows have to plead in the courts, and follow various ceremonies in order to be granted their former husbands’ land and property.

Widdecombe’s stupid speech recalls the reasons why the great Black anti-slavery activist, Frederick Douglas, once attacked White American patriotic celebrations of independence in his speech ‘What To The Slave Is The Fourth of July?’ Douglas pointed out the complete irony of White Americans claiming to have thrown off the yoke of British slavery, when their Black brothers and sisters were still very much in chains.

American independence did not free all Americans from slavery. And Brexit isn’t remotely like any slave revolt or uprising. And it’s massively offensive and ahistorical, as Lammy says, for Widdecombe to claim it is.

The Tories, Adolf Hitler and the Secret Courts

March 24, 2016

One of the most grotesque and illiberal piece of legislation that the Tories and their Lib Dem enablers passed in the last parliament was a law providing for secret courts to try cases involving national security. These courts are Kafka-esque travesties of justice, where the defendant may not the evidence against him, or who his accuser is, or even the precise charges against him if this is felt to be sensitive information, which would be harmful to national security if divulged. They are also to be closed to the public and the press for the same reasons.

I’ve blogged before on how these courts resemble the perverted system of justice under the Third Reich and Soviet Russia. The Nazis set up a system of Special Courts from March 1933 onwards. These were to try political crimes without the use of juries. In 1934, the following year, Adolf and his fellow stormtroopers set up People’s Courts to try cases of treason. These did have juries, but they were drawn from the Nazi party.

Cameron and the Tories are a real threat to British democracy and traditional British freedom. They should be thrown out of power for good before it’s too late.

Pitt’s Speech Demanding the Suspension of Habeas Corpus During the French Revolution

March 2, 2016

Also going through the book, Your MP, by the pseudonymous ‘Gracchus’, I found Pitt’s speech of the 16th May 1794, asking parliament to pass a bill suspending Habeas Corpus in order to allow the government to round up subversives during the French Revolutionary War.

Now I’ve written a number of pieces on this blog about the origins of democracy in certain strands of theology that stressed the need for representative assemblies and which permitted Christians to overthrow a tyrant. One of the criticisms of this type of history, however, is that it misrepresents how difficult and arduous the process by which democracy emerged in the West actually was. Instead of a being a smooth development in which democracy finally flowered from long, historic constitutional roots, at each stage of the process valuable constitutional freedoms had to be fought for, and were only painfully won. And historians have pointed out that for much of its history, Britain was an authoritarian state, which was all too ready to dispense with its citizens’ ancient freedoms when it suited the governing classes. The classic example of this was the 18th century, when fear of the Revolution across le Manche spreading over here moved the British government to suspend Habeas Corpus and pass range of legislation severely limiting free speech and banning a variety of ‘seditious combinations’, including the nascent trade unions.

Here’s Pitt’s speech:

The monstrous modern doctrine of the Rights of Man … threatens to overturn the government, law, property, security, religion, order and everything valuable in this country, as it has already overturned and destroyed everything in France, and endangered every nation in Europe …

That great moving principle of Jacobinism, the love of plunder, devastation and robbery, which now bears the usurped name of liberty … the arrogant claims of the same class of men as those who lord it now in France, to trample upon the rich, and crush all; the dark designs of a few, making use of the name of the people to govern all; a plan founded in the arrogance of wretches, the outcasts of society …

With some qualifications because of its florid 18th century, this has a peculiar contemporary ring about it. The attack on the ‘Rights of Man’ for example. If you replace that with the European convention on Human Rights, which is based on the French Revolutionary tradition of les droits du l’homme, (excuse my French), then the sense is more or less the same. As is the rant about the ‘arrogant claims of the same class of men as those who lord it now in France, to trample upon the rich.’ With a few alterations, you could put this in the pages of the Daily Mail today and no-one would notice. Really. A few years ago the Mail took it into its tiny collective skull to publish a rant against the French education system. It particularly attacked the elite state schools, which educated the French technocratic and governmental elite. They were nasty, horrendous, undemocratic, and excluded the French hoi polloi. Which is probably true, I dare say. It then started to compare them negatively with the British public schools, which were supposed to be better, and the mark of a freer society. Some of us would argue that it actually shows the alternative.

In fact before the introduction of democracy over here in the form of the acts finally extending the franchise to women and the rest of the working class, the doctrine of universal human rights really wasn’t widely adopted over here. The ruling classes thought it was too abstract, and too French. Instead, they linked political rights to property qualifications and the ability to pay certain levels of tax and rates. And you can see that today. It’s carefully hidden, but there is definitely an attitude that if you’re rich, you should have more rights than the rest of us. Willie Whitelaw in the 1980s said that business owners ought to have two votes, as they were responsible not just for themselves, but for their employees. One of the High Tories about twenty years ago wrote a book arguing that we should ditch all the horrendous reforms of the 1960s, and get back to a more stable age before gender equality, the legalisation of homosexuality, when there was better respect for property. He wanted the property qualification restored for jury service, so that people with a responsible attitude to the protection of property would fill the court rooms, passing guilty sentences on those caught infringing the country’s property rights.

So it really doesn’t come as a surprise, given the long history of suspicion by the ruling classes against any doctrine of equality and universal rights, that Theresa May now wants to extend the powers of the surveillance state. Or even that in the last parliament the Tories and their Lib Dem enablers passed legislation providing for secret courts and massively extending the length of time a suspect could be held for trial during their investigation.

Britain considers itself one of, if not the great founding nation of political liberty. Pitt’s speech, and the ominous rise of the surveillance state under Major, Bliar and Cameron, makes you wonder how true this really is.

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