Judgment Approved by the court for handing down.
DPP v Bussetti
mentioned this in interview. He called a witness, Clifford Smith, who had also been at
the bonfire party and confirmed that the effigy depicted friends of the maker of the
effigy (a Mr Bull) at the windows.
14.
At the end of the hearing, when the Chief Magistrate was about to rise to consider her
decision, the prosecution advocate (Mr Stott) became aware that Mr Bussetti was not
the only person attending the bonfire party who had posted a video of the Grenfell
Tower effigy. There had been at least one other, taken by a Mr Hancock. Mr Stott of
course immediately informed the court.
15.
This discovery caused a degree of consternation, since the hearing had proceeded on
the basis that the video shown to the Chief Magistrate was the one which Mr Bussetti
admitted having taken. The prosecution conceded that they could not prove that it was
the same one. Submissions were made by counsel on each side. We are sympathetic to
the difficulties which this last minute development caused to all those involved with the
case, especially the judge.
16.
The Chief Magistrate gave her judgment in the following terms:
“1. As in all criminal cases the burden of proving the case is on
the Crown and it is a high one, before I could convict I would
have to be sure of the defendant’s guilt.
2. Putting this sort of video on the internet even in a private
WhatsApp group could in certain circumstances constitute an
offence under section 127 of Communications Act 2003 but in
this case the Crown have not discharged the burden upon them.
3. I cannot be sure that the video relied on by the Crown is the
one taken by the defendant, ie the message sent by the defendant
is the one that has been played to me. I cannot be sure that the
cut-out images on the tower were not the defendant and his
friends, burnt in a bonfire joke of colossal bad taste.
4. The truly offensive racist remarks and images sent by the
defendant to others on a very regular basis cannot fill the holes
in the Crown’s case, as abhorrent as they are and as much as they
show the sort of person the defendant is.
5. I find therefore that the elements of the case are not proved
beyond reasonable doubt and I acquit the defendant.
6. Had these issues been raised at half time, I may well have
upheld Mr Summers’ submission of no case. Furthermore, in the
light of the recent disclosure provided after the evidence and
submissions had finished, had Mr Summers raised an abuse of
process argument, that too may have succeeded.
7. Once someone has been charged with an offence, there is
sometimes a tendency, and I am not sure whether it is a police or
a Crown Prosecution Service tendency, to take the foot off the