17 August (Part 4) - John Kerlen’s Appeal report
Seven times I have been in Court with Olly Cromwell, I think I know every
aspect of it now so when the Prosecutor started her spiel at 10:34 this morning
I knew it was a rather superficial account but there wasn’t much to pick holes
in. To say that Olly’s Tweets were ‘an out and out threat to his
[Seymour’s] family” was probably gilding the lily somewhat, but then that is
what this case has always been about.
The first sense that this hearing was going to go Olly’s way came as soon as the
Judge made a comment. He said the prosecution case did not show that Olly
intended any offence. The prosecutor argued something but she was using a dud
microphone, however the Judge still thought that she would have to show some intent.
The Judge then summarised his understanding of the case for the defence
barrister’s agreement. Simon Connolly, speaking for Olly, did agree but said in
legalese that if the Judge did not find for Olly on the basis of the evidence he
would make further submissions; based on the law of precedents etc. I believe. And
so the scene was set for the first witness to be called.
I’ve never been sure if councillor Sandra Bauer is a naive innocent in a wicked
world or a liar who had maliciously teamed up with councillor Melvin Seymour to
silence a council critic. Whether it was a team effort or not is still not clear but she
came across as a credible witness and acquitted herself reasonably well under pressure.
It was puzzling that she was absolutely insistent that she had sent copies of the Tweets
to Melvin Seymour because he had said under oath at
the Magistrate’s Court in April
that he had never seen them before. The Prosecutor said the same
two weeks ago. In the
circumstances I am going to assume that Sandra Bauer was telling the truth
because in other respects she seems to have been playing it straight. I shall
not be using the L word about her any more because I came to the conclusion
on the evidence seen today that she doesn’t deserve it. Seymour by
contrast came across as the shiftiest of wide boys anxious to stretch a point or two.
Bauer said that she thought Olly’s Tweets were threatening and that is why she
reported them to Seymour. Simon Connolly asked if she found Olly’s other jokey
messages threatening, like the one saying he would organise a bus tour of
councillors’ houses. She was eventually forced into admitting she did not. When
asked if Olly’s Tweets may have been done for a laugh, she replied “Perhaps”. If
she found the ‘post actual shit’ remark threatening did she check back to see if
an address had been posted? “No.” “Did you ever suggest to Melvin Seymour that
the threat was to put dog faeces through his letter box?” Again the answer was no.
The arresting policeman, DS Vanner, was put into the witness box. He admitted
that he saw no urgency to arrest Olly quickly with the implication that he
didn’t take the Tweet to be a serious threat either.
Then
it was councillor Melvin Seymour’s turn. He told the Court that he
was told that Olly was encouraging people to put dog faeces and “anything else
deemed appropriate” through his letter box. Well that’s a new one fresh out
of the Bexley council fib factory and is not what Sandra said. “I found it grossly offensive and a personal
attack on my property and me” said Seymour without blushing. How an attack was
to be mounted without either a name or address he did not explain. “He was actively
inviting people to come to my house” and the C word is “deeply offensive” to
this self employed painter and decorator.
“If he was so concerned for himself and his family about the threat, did he later
check to see if Olly had Tweeted an address.” “No” he said. When asked if Olly
had ever spoken to him in the street, at his home or contact him in any way the answer was again no.
The Judge had heard enough, Olly he said, had been uncivilised but his language
was not grossly offensive, he had “no case to answer” and he need not be called
as a witness. After a short recess he said he was inclined to keep the
restraining order in force however after he read it again carefully he agreed
that it got too close to curtailing Olly’s freedom of speech and said he should
be “perfectly entitled to sit in a public gallery of a council meeting, it is
after all supposed to be a democracy”. So Olly’s style is only cramped in the
sense that he is not allowed to directly or indirectly approach councillor
Melvin Seymour before 9th May 2017. I don’t suppose he wants to.
Where the Judge was less generous was in the matter of costs. Whilst he accepted
that the CPS had constantly messed things up and were the cause of a lot of
unnecessary expense, he refused to award more than £240, protecting he said,
public funds. Had the Judge from two weeks ago been sitting things may have been different.
The Court rose at 11:57.
John Kerlen’s solicitor’s report.
His barrister’s report.