Pensioner blogger's vicar Asbo quashed by High Court
A PENSIONER has spoken of his relief after an antisocial behaviour order (Asbo) banning him from contacting his local vicar was quashed.
Christopher Perry was given the Asbo earlier this year after being accused of targeting the vicar in his online blog.
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'Vindicated': Christopher Perry said his faith in British justice had been restored.
The order was due to run for ten years.
He also used it to accuse Humberside Police and local councillors of corruption.
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Mr Perry, 66, now wants the force to meet his £20,000 legal bill after the order was overturned at the High Court.
He said: "My faith in British justice has been restored but I shouldn't have had to spend that much to get it.
"I dread to think how much this will have cost the taxpayer. I would like the money back from the police that I have had to spend fighting this case.
"I feel vindicated but I am not too triumphalist about it, because it is sad. It shouldn't have happened in the first place."
Mr Perry, of Southfield Close, Wetwang, was given the order at Hull Magistrates' Court by District Judge Frederick Rutherford in January.
The court was told Mr Perry had targeted The Reverend Robert Amos, of Driffield Methodist Church, on his website Wolds Eye View.
Mr Perry, a retired journalist and teacher, said he investigated Mr Amos's "lifestyle" after being "let down" by him.
He told Mr Amos: "I'm going to bring you down by the power of journalism."
Mr Perry's solicitor, Brigid Baillie, argued against the Asbo.
He said it would breach Mr Perry's human right to freedom of expression.
That was rejected by Judge Rutherford, who said: "It is a nonsense to hide such appalling actions behind human rights. This is clearly antisocial behaviour and people need protection."
However, the High Court found the judge was "perfunctory and dismissive" in considering Mr Perry's right to freedom of expression under Article 10 of the European Convention on Human Rights.
In her application to the High Court, Ms Baillie said: "His actions may have offended, irritated and distressed some individuals which resulted in his community newsletter being shut down and the eventual imposition of the antisocial behaviour order.
"In effect, the State has stepped in to prevent people being written about, photographed and contacted. It fails to place the case in the context of a democratic society and amounts to a disproportionate interference."
Mr Perry said: "The last nine months have been absolute hell. I was frightened to go out of the house, especially when the police put posters about the Asbo all around the village."
The order banned Mr Perry from causing harassment, alarm or distress, entering any private land without permission of the landowner and contacting Mr Amos and several others, including former Driffield mayor Stephen Poessl.
A spokeswoman for Humberside Police said: "Humberside Police have been made aware of the decision made by the Court of Appeal in connection with the Asbo given to Christopher Perry.
"The force will now take time to consider the ruling."
Comments
by localad
Monday, October 22 2012, 7:38PM
“Perry is a vindictive nasty minded individual who should get a life, (don't delete this post HDM, i think it is called freedom of expression)
blooprint quite rightly points out that freedom of expression does NOT give any one the right to say what ever they like without fear, we also have the rules of slander and libel to protect peole too, in addition ot public order laws regarding use of foul language and threats.
Judge Rutherford is quite right, when he described Perry's actions as appalling.
Humberside police should not pay this dreadfu nasty minded thing a penny.
The appeal court did not find him not guilty, only saying the punishment is not right, which in itself is a ridiculous ruling.”
by CarmellaBrown
Monday, October 22 2012, 6:44PM
“watch out Mr Vicar the loon will be comming for his communion!”
by AstynomiaKats
Monday, October 22 2012, 6:33PM
“Whatever you think of Mr Perry, and I know of his activities and upset he has (allegedly) caused ASBO's are there to protect people physically & mentally, there is far too much censorship going on especially around these parts.
Sadly last week my cousin had to retire from posting on hear after being subjected to HacksDementureMalise. He is well on the way to recovery but has asked me to comment on matters from now on.”
by blooprint
Monday, October 22 2012, 5:16PM
“Humberside Police did a sterling job in attempting to protect the public from Mr Perry's ridiculous accusations. Unfortunately, the Judge, in the heat of his contempt for what Perry had done, bungled the last part of the job by being over dismissive about the relevance of the case to European legislation on human rights. If he had been more politically sensitive, the Court of Appeal would not have passed the judgement they did. Mr Perry's ASBO has therefore been overturned only on a legal technicality and he has no right whatsoever to feel 'vindicated'.
The judge should have been more moderate in his language and taken far greater pains to point out that Article 10 of the European Convention on Human Rights quite clearly places restrictions on freedom of expression if it infringes 'the rights and reputations of others' . Ironically, Article 10 could actually be used to prosecute Perry as a human rights abuser.
Bizarrely, the Court of Appeal has effectively legislated in favour of those who wish to defame others without facing consequences. There is absolutely no way that the police should waste taxpayer's money in compensating Mr Perry. Since the state has failed to protect abused individuals, the way forward now is for the aggrieved parties to collaborate in pursuing Mr Perry for libel damages. This case should not be allowed to close.”
by mikewhit
Monday, October 22 2012, 2:05PM
“While it may be fashionable to knock human rights, people on this very site enjoy freedom of speach.
Without the our freedom to speak people like Saville, South Yorkshire Police and the catholic church would all be free to pervert justice. The events were never a crimal matter.
The vicar should use the courts to sue, if and unless there is truth. May be thats why the vicar has not used open court.”
by Demonica666
Monday, October 22 2012, 12:23PM
“This is how wooly the Human Rights Act is. It promises to uphold the right to a private life but also individual 'right to expression'. Mr Perry is apparently in contravenance of the Human Rights Act. He has been banned from causing 'harrassment, alarm and distress' to a number of people. Ergo, is one to assume that he has previously been accused of this? If so, this is a ludicrous ruling. This act cannot possibly work as there are far too many loop-holes. Still, it keeps the judicial bigwigs in Europe in useful (prohibitively expensive) jobs doesn't it?”
by SASKIAATHULL
Monday, October 22 2012, 12:18PM
“Oh HDM, what breaking news - how do we survive without you. I also must point out that you need to read up on your regligious figures (a VICAR is Church of England, Methosists have MINISTERS). Therefore, Rev Amos is a MINISTER and NOT a Vicar. He's also a very nice man and I feel sorry that this ASBO has been lifted. Saskia x”
by Mark_Hull_65
Monday, October 22 2012, 12:01PM
“If memory serves this guy's 'journalism' consisted largely of a libellous vendetta against the vicar and councillors in the full knowledge that his victims didn't have the financial clout to see him in court.”
by Solly_Atwell
Monday, October 22 2012, 11:35AM
“meanwhile crime escalates out of control”
by David_Nivea
Monday, October 22 2012, 10:46AM
“"Pensioner blogger's vicar Asbo quashed by High Court"
Headline of the Year!!”