Graham Linehan Cleared of Harassing Trans ‘Woman’ but Convicted of Damaging Phone

Graham Linehan has been cleared of harassing a trans ‘woman’ on social media but convicted of damaging his phone and ordered to pay £1,350 in a fine and court costs. The Telegraph has more.

The Father Ted writer was told his social media posts did not amount to harassment of Sophia Brooks, but that he had damaged the complainant’s phone in October last year.

District Judge Clarke said that while his posts were “deeply unpleasant and even unnecessary” they were not “oppressive or unacceptable” and did not meet the criminal standard for harassment.

Reading a summary of her judgment to Westminster Magistrates’ Court, District Judge Clarke said she did not find the complainant “was as alarmed or distressed” as [he] had portrayed [himself] to be after Linehan made a string of tweets about [him].

The judge added: “I’m not satisfied that conduct amounted to harassment.”

She said while Linehan’s posts were “unattractive, annoying and irritating”, they did not cross the line of being harassment.

In her judgment, District Judge Clarke said she was not satisfied that the “complainant was giving entirely truthful evidence”.

The judge said that Linehan, in contrast, was a credible witness and that “while firm in his view on the sex and gender debate, he was not seeking to mislead the court”.

Clearing Linehan of the harassment charge, she said she was satisfied he had pursued a course of conduct towards the defendant, but that she was not satisfied to a criminal degree that his posts were “oppressive or unacceptable”.

She said the posts “did not cross the boundary from regrettable to unacceptable” and added that Linehan did not tag the claimant in any of them.

However, finding him guilty of criminal damage, she said that his actions were “reckless” and that Linehan had himself admitted that he did not feel threatened by the defendant at the time. …

District Judge Clarke has handed Linehan a £500 fine after he was convicted of criminal damage.

She also ordered him to pay court costs of £650 and a statutory surcharge of £200. 

The prosecution had asked District Judge Clarke to consider imposing a restraining order on Linehan, but she said she did not consider this to be appropriate.

In her judgment, she said: “In my view, having considered this case over a lengthy period of time, I am not sure at the time you demonstrated hostility on the basis of the complainant being transgender.

“In my view the test is not passed.”

Worth reading in full.

Update: Speaking outside court, Linehan said:

The judge found me and the women who gave evidence on my behalf to be credible, honest witnesses, and said that my actions were not criminal and did not constitute harassment.

The judge commented that the complainant, a well known trans activist, was not truthful.

There are a group of dangerous men who are determined to bully women and girls and to misuse the courts and police in furtherance of the misogynistic agenda. I’m proud to have stood up to them, and I will continue to do so.

He also thanked the Free Speech Union for its “unwavering support” in “helping to ensure that those who speak out against these dangerous activists are protected”.

Stop Press: Toby has written a piece in the Telegraph explaining why the Free Speech Union is going to fund an appeal.