Wednesday, November 24, 2010

Twitter joke trial: Paul Chambers to take appeal to high court

Paul Chambers to appeal to high court over conviction for joke Twitter message about Robin Hood airport

The case of a man convicted of "menace" for threatening to blow up an airport in a Twitter joke is to go to appeal at the high court. A senior human rights lawyer will lead a three-strong legal team for Paul Chambers, a former accounts manager in the motor trade, whose conviction in the so-called "Twitter joke trial" has become an international cause celebre.

Dismissed as a foolish prank by almost everyone involved, including police officers and airport security staff, the 140-character threat has landed Chambers, 27, with a criminal conviction and fines and costs totalling over £3,000.

He was originally convicted of menace by Doncaster magistrates this summer, after sending a message via Twitter to his girlfriend in frustration at the possible closure of the local Robin Hood airport due to snow. The pair had recently met on the internet and arranged to meet in Belfast, where the young woman, known under her Twitter name of @crazycolours, lives.

The tweet read: "Crap! Robin Hood airport is closed. You've got a week and a bit to get your shit together otherwise I'm blowing the airport sky high!!". It was found in a routine web search by the airport and, although rated "non credible", passed to South Yorkshire police.

Chambers – who was detained for most of a day, had his home raided and computer seized and lost his job after the trial – appealed to Doncaster crown court last month. But Judge Jacqueline Davies, sitting with two magistrates, described the message as "clearly menacing" and ruled that Chambers, whom she described as an "unimpressive witness", must have known that it might be taken seriously. She also put aside arguments by Chambers' barrister Stephen Ferguson that the case had been brought under law dating back to 1930s measures against nuisance calls to "female telephonists in the General Post Office", because it needed less proof than measures specifically targeted at bomb hoaxers.

Davies said in her judgment: "Anyone in this country in the present climate of terrorist threats, especially at airports, could not be unaware of the possible consequences. The message is menacing in its content and obviously so. It could not be more clear. Any ordinary person reading this would see it in that way and be alarmed."

Her verdict led to a huge reaction on Twitter, with its familiar luminaries such as Stephen Fry sending tweets in support of Chambers. Many retweeted the offending message.

Chambers reserved a decision on a further appeal after the rebuff at Doncaster, in part because of the cost. But fundraising on Twitter and elsewhere has been vigorous including a message from Stephen Fry saying: "Whatever they fine you, I'll pay."

Chambers's legal team will be led by Ben Emmerson QC, a specialist in human rights and European law from the Matrix chambers, which also includes Cherie Booth. His previous cases include a European ruling in 2002 that prison governors could not add extra days to sentences as punishment, a verdict which led to 900 releases.

Emmerson will be joined by Ferguson, who took the Doncaster appeal, and Sarah Przybylska, who also appeared at the crown court hearing. Implications for tweeting have also been raised by possible proceedings against a Conservative councillor who sent out a "joke" message asking for someone to stone to death the newspaper columnist Yasmin Alibhai-Brown. Gareth Compton, who apologised and was reprimanded by the leader of the House of Commons Sir George Young, was arrested on the same day as Chambers lost his crown court appeal.

source: http://www.guardian.co.uk

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