A
18.
I turn to the question of sentence. For that purpose I have of course heard the
submissions of Mr Pickthall. Before I refer to those, I should identify that the courses
open to me within my discretion include activation of the current suspended sentence
in whole or in part and a further order including imprisonment for the breaches of the
order. In his submissions on mitigation, Mr Pickthall made a number of submissions
to the effect that the order and the underlying proceedings were illegal and referred to
his continuing belief concerning crime and corruption. In everything he said, he
appeared to hold the view that the orders of the court were not binding on him. Orders
of the court are binding on him, as with any person. In his remarks on the previous
occasion of finding a contempt, Mr Justice Holroyde concluded that Mr Pickthall had
shown that he simply refuses to recognise that an order of the court is binding on him.
He also said that he had decided to suspend the sentence by a narrow margin and
added that he very much hoped that Mr Pickthall will comply with that order and that
it will not be necessary to come back before the court and that he must be in no doubt
what is to await him if he breaches again.
19.
I, of course, consider the matter entirely afresh in the exercise of my discretion but it is
quite clear that those submissions to which I have just referred provide further
demonstration that Mr Pickthall does not regard the orders of the court as binding on
him. From everything he says at the moment, he appears to intend to carry on as he
has done before. None of that, of course, provides any basis for mitigation. The
matter of potential mitigation that he raises concerns his health in which he has been, I
think provisionally, diagnosed as having hemiplegic migraine and he says that pending
a full investigation and diagnosis it would be wrong to send him to prison. Those are
the essence of Mr Pickthall’s submissions. I have taken that latter matter into account
but all in all I can see no basis whatsoever for not activating the suspended sentence in
full. These were flagrant and repeated breaches of the order made by Mr Justice
Holroyde. There is no element of contrition or regret and the only course, it seems to
me, that the court can take is to activate the suspended sentence. In doing so, I bear in
mind that the primary purpose of sentencing and committal is to ensure compliance
with orders of the court and the effective administration of justice. I can see no reason
for giving any further indulgence, for example, by any further suspension in the
circumstances of what he has said to me and what I have read.
20.
I have considered, given his continuing approach, the question of whether there should
be a further penalty for the contempt in breaching the order, namely in addition to the
activation of the suspended sentence but in the exercise of my discretion I have
concluded that that would, at least on this occasion, not be the right course to take. It
follows that I will activate the suspended sentence in full for the period of three
months and that will be my order.
B
C
D
E
F
G
[Hearing continues]
H
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