Charges withdrawn after Tatchell offers to testify for defence
Home Secretary urged to issue new guidelines to police and CPS
Arrest for anti-gay views is unjustified and heavy-handed
Freedom of speech must be defended, even for homophobes
London – 17 May 2010
The Crown Prosecution Service (CPS) has dropped all charges against
homophobic Christian street preacher, Dale McAlpine, shortly after gay
rights campaigner Peter Tatchell offered to testify in defence of his
right to free speech.
Mr McAlpine, 42, was arrested in a street in Workington on 20 April,
after condemning homosexuality as a sin. He was charged with using
threatening, abusive or insulting words or behaviour likely to cause
harassment, alarm or distress, contrary to the Public Order Act 1986.
See details of the case here:
http://www.dailymail.co.uk/news/article-1270364/Christian-preacher-hooligan-charge-saying-believes-homosexuality-sin.html
“Although I disagree with Dale McAlpine and support protests against
his homophobic views, he should not have been arrested and charged.
Criminalisation is a step too far.
“Despite my opposition to his opinions, I defend his right to freedom of expression.
“Soon after I offered to appear as a defence witness and to argue in
court for Mr McAlpine’s acquittal, the Crown Prosecution Service
dropped the case. The sudden withdrawal of charges may have been mere
coincidence but perhaps not.
“Mr McAlpine should have never been prosecuted in the first place.
While the arresting officer may have acted with well-meaning
intentions, he was over-zealous and interpreted the law in a harsh,
authoritarian manner.
“Although clearly homophobic, Mr McAlpine did not express his opinion
in a way that was aggressive, threatening or intimidating.
“I am surprised and shocked that the CPS allowed the case to proceed at
all. The Public Order Act is meant to protect people from harm. Dale
McAlpine’s views are misguided and offensive but I see no evidence that
they caused harm to anyone.
“I urge the Home Secretary, Theresa May, to issue new guidelines,
making it clear that the police should not arrest people for expressing
prejudiced views in a non-threatening and non-aggressive manner.
Prosecutions should only proceed in extreme circumstances. The police
should concentrate on tackling serious, harmful crimes, such as racist,
homophobic and sexist violence.
“Causing offence to others is not a legitimate basis for putting a person on trial.
“Nearly everyone holds opinions that someone else might find offensive.
If offending others is accepted as a basis for prosecution, most of the
population of the UK would end up in court.
“Freedom of speech means accepting the right of other people to say
things that we may find disagreeable and even offensive. Unless people
make untrue libellous comments or incite violence, they should not be
criminalised for expressing their opinions,” said Mr Tatchell.