United Kingdom / R v Fransen and Golding

Country

United Kingdom

Title

United Kingdom / R v Fransen and Golding

View full Case

Year

2018

Decision/ruling/judgment date

Tuesday, July 03, 2018

Incident(s) concerned/related

Harassment

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Magistrates Court

Key facts of the case

The defendants in this case were Paul Golding and Jayda Fransen, the leader and deputy-leader (respectively) of far-right group, Britain First. In May 2017, as four Muslim men stood trial for the gang rape of a 16 year girl in Kent, the defendants distributed leaflets and posted videos of themselves aggressively confronting people they believed to be the men on trial and targeting what they believed to be their homes. The videos were posted on Britain First’s website and Facebook page and included remarks such as, “Dirty Muslim rapist, come out, we’re not going to leave until you’re gone, come out. Dirty scumbags.”

Main reasoning/argumentation

The prosecution argued, inter alia, that the defendants were not merely exercising their right to free speech but were instead aiming religiously-aggravated abuse at innocent members of the public.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

This was an important case as Britain First are one of the most prominent Anti-Muslim groups in the UK. Additionally, many far right groups use similar tactics in their activism and use the technique of identifying, sometimes incorrectly, Muslim defendants to stir up hatred.

Results (sanctions, outcome) and key consequences or implications of the case

Jayda Fransen received a nine month custodial sentence and Pail Golding received an 18 weeks custodial sentence.

Key quotation in original language and its unofficial translation into English with reference details

"I am sure that when Miss Fransen and Mr Golding decided to come to Kent, their reason was not because four men were on trial for the rape of a 16-year-old child. The reason for their decision was the men included Muslim immigrants. I have no doubt it was the joint intention to use the case for their own ends. It was a campaign to draw attention to the race, religion and immigrant background of the defendants … I have no doubt that Miss Fransen and Mr Golding demonstrated, by their words and actions, hostility to those of the Muslim faith."

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