SHEPPARD AND O'FARRELL TRIAL UPDATE
(reprinted courtesy of Heretical Press www.heretical.com)

 

Report on the Hearing at Hull Crown Court on 17 November 2006

Simon Sheppard and Luke O'Farrell appeared at Hull Crown Court yesterday, 17th November, for a Pleas and Case Management Hearing (formerly known as a Pleas and Directions Hearing, and still commonly referred to as such).

The most striking and significant thing that occurred was the addition of extra charges – as if, for Sheppard, ten wasn't enough. Ten already reeks of an ideologically-obsessed, if not hysterical CPS, without the tally now being brought to fifteen. Luke O'Farrell has also had extra charges added, but he is uncertain of the total as they were only read out to us and neither of us have written copies as yet. Sheppard has had a charge of 'Possession' of Tales of the Holohoax added to the existing charge of 'Publication' but other than that, the extra charges all relate to internet pages.

The prosecution barrister said that "the website is the prime object of the prosecution." In this respect however, the CPS appear to be attempting to overturn centuries-old Common Law by prosecuting a British subject for a "crime" committed elsewhere, out of the jurisdiction, i.e. at a webserver in the USA.

British and American law (the latter being derived from the former) is based on this Common Law, whereas continental Europe (France, Germany etc.) have as their basis Roman Law. A state operating Roman Law can prosecute (for example) a German national in Germany for offences he committed outside Germany.

The crime alleged in respect of the internet pages is distribution, but distribution took place in the USA.

Sheppard entered pleas for the first time, saying at the fifteenth (!) "Not guilty, to which is added for all the charges relating to internet web pages a plea to the jurisdiction." O'Farrell gave pleas of "Not guilty" to all his charges.

Another matter raised was in respect of venue, so at present there are various legal knots being unwrangled regarding the arrangement of the trial, its location, and the provision of technical apparatus for it. The prosecution clearly intend to show an off-line copy of the entire Heretical website and ask a jury to pass verdict on it!

The observer might conclude that the CPS have lost all touch with reality. It doesn't matter to them – the British taxpayer is paying for all of this.

It is estimated that the trial will take 2-3 weeks. It became clear that the court is so choked up with cases that finding a 3-week slot is to be no easy task (in Britain the prisons are full up too). Legal arguments regarding jurisdiction will be heard some weeks before the actual trial.

At the end of the hearing the judge gave us an apology that the case was dragging on so long. Ordinarily perhaps a timely trial might be desired, as the stress of a prosecution hanging over a defendant can be a punishment in itself. In our case however, it has been going on so long (since March 2005) that a few extra months will make little difference. After the judge delivered this apology Sheppard piped up "We didn't ask for this, your honour." The judge immediately replied "I regard that remark as facetious" which of course it was not meant to be in the slightest.

More could be said but it would not be in our interest to reveal too much. Our supporters will understand.