November 09, 2010

High Court reserves judgement in BNP membership case

A legal ruling in a long-running dispute over the BNP's membership policy will not be made for at least a week after the conclusion of a High Court hearing on Tuesday.

The party voted to change its rules after facing a court injunction over its "whites only" membership. But the Equality and Human Rights Commission has argued the new rules were still "indirectly discriminatory".

BNP leader Nick Griffin has applied for the case to be thrown out.

Judgement in the case has now been reserved for at least a week.

Mr Griffin, who had vowed to represent himself, was not at court as he is in hospital being treated for suspected kidney stones. But BNP supporters and rival activists from Unite Against Fascism gathered outside the Royal Courts of Justice before the first day of the committal hearing began on Monday.

'Significant breach'

Earlier this year BNP members backed changes to the party's constitution to allow "non-indigenous Britons" to join, after the equalities watchdog took legal action.

But the Central London County Court heard in March that prospective members still had to sign up to principles including a duty to oppose the promotion of any form of "integration or assimilation" that impacted on the "indigenous British", and a requirement to support the "maintenance and existence of the unity and integrity of the indigenous British".

The commission argues that the principles could be interpreted to oppose mixed marriages and could force people to deny their own identity.

Robin Allen QC, acting for the commission, told the High Court on Monday that the BNP had "played with" the watchdog over the issue and had "persistently" failed to comply with previous court rulings.

Although he acknowledged that the party's constitution had now been largely revised, he said the offending clauses had been suspended not removed - describing this as a "significant breach".

The Commission is applying for the committal of Mr Griffin, BNP deputy Simon Darby and party officer Tanya Lumby.

But, David Reade QC, appearing for Mr Griffin and Mr Darby, said there was no case for the party to answer as the rulings on its constitution were ambiguous. "Where there is a court order that is unclear as to the facts, or ambiguous, committal is not appropriate," he said.

In a statement, the party described the legal action as a "taxpayer-funded assault on our freedom of association" that it would continue to fight.

The BBC's Mike Sergeant said that if the BNP lost the case, the equalities watchdog was likely to press for a substantial fine or for the party's assets to be seized.

BBC

12 comments:

Anonymous said...

Photos of the High Court protests here.

Including a banner from the German Neo-Nazi NPD Party and some BNP'er flying an upside-down Union Flag:

http://www.demotix.com/news/501723/bnp-face-angry-protest-high-court-hearing

Anonymous said...

Hopefully the legal and court costs will cripple Griffin for life?

Anonymous said...

Well according to Griffins written piece on the green frogs new blog, Griffin has won, and all he has to do is send the lawyers back in a couple of weeks to ensure he gets the money he has forked out for lawyers.

and of course there are several large hints for additional funding.

tulip

Anonymous said...

"...and all he has to do is send the lawyers back in a couple of weeks to ensure he gets the money he has forked out for lawyers."

You mean he actually paisn up front. his lawyers - or was that the only basis that they would act for him ?

Old Sailor

Kev Scott loves The Jam said...

I noticesd that on nutzie central earlier today Tulip!

Along with the little nugget that all of a sudden he is 'fighting fit', seems like the kidney stones were just a temporal aberration in the space time continuum?!?!?

I wonder what his next one will be when they attempt to haul his large pig trough fed arse into court next time?

Lets see........maybe he will have a nasty fall at home and slip a disc, or food poisoning caused by the dodgy food at whatever shithole in 'South Derbyshire' will allow a few mentally challenged cronies to attend an audience with cyclops...to kiss the hand that robs them?

Funny the contrast between cyclops' take on events and HnH report!

NewsHound said...

PRESTON POLICE TO ALLOW THE EDL TO GET DRUNK IN PRESTON (:

http://www.socialistworker.co.uk/art.php?id=22980

JUST WHAT DEALS HAS GRASS YAXLEY LENNON DONE WITH THE COPS DURING LAST WEEKS "INTERVIEW?"

BOLTON FOLLOWED SHEFFIELD ... BEWARE!

Anonymous said...

Good point by Tulip.
Has anyone made note that the BNP have made two appeals for this court case on their website ? I wonder if the members have asked if the do win the case and get their money back what will happen to the funds ?

AndyMinion said...

Griffin, yesterday: "Don’t worry, I’m fighting fit again!"

Funny, that...

Anonymous said...

Griffin is saying that victory is a virtual certainty. As the man has never made a good call throught the history of his many encounters with the Courts I anticipate the EHRC coming out on top.

Whatever happens the fact is Griffin lost on the substantive point - ie the discriminatory nature of the BNP Constitution. Yesterday's litigation was about whether he complied with the Orders made in the London County Court earlier this year. For the record in my opinion the fact that the offending home visit clauses were only suspended rather than removed is problematic for Griffin & chums.

In any case the EHRC are going to get a costs award of £50,000 minimum even if the lose on yesterdays point. If they win it will be much, much higher. Eitherway they will bring the hammer down sooner rather than later. Furthermore, rumour has it several of of the BNP creditors have started proceedings & finally we can look forward to the 'Decembrist' case in Leeds at the end of the month.

gtm

iliacus said...

Nicholas 'Sicknote' Griffin reminds me of a former colleague who used to take virtually every Monday off work (and quite a lot of Tuesdays, and not a few Wednesdays).

His reasons for absence were many, varied and imaginative :

left my prescription on the bus and had to go back for a new one / my children wouldn't let me out of the house / I got up for work and the sausages had fallen out of the fridge and flooded the kitchen floor and I had to mop up [my personal favourite].

Ideas for Griffin?

Anonymous said...

Just to change the subject for a minute, have checked out the London Patriot site today and found something on there quite disturbing.

They are drawing their members attention to a site MuslimsvCrusaders

where it is advertised that on 11.11.10 Rememberance day there will be a Muslim demo against Rememberance day.......there is also a lot of the usual condemnation of British troops in all wars etc.

I am of the view that this is a bogus site, but, did wonder if any friends on here have the technical ability to check it out.

I suppose the really nasty thing about it is the usual boneheads will turn up for a fight.

tulip

Anonymous said...

Funny as hell video check it out!

http://www.youtube.com/watch?v=61yxRj1KfCU