Category Archives: Legal system

If you want to assault a woman and not go to prison, join an English police force

On Saturday, the Daily Mirror carried a well-researched and detailed article headlined:

MET POLICE’S SEXIST CULTURE OF PORN, BULLYING AND SEX JOKES EXPOSED
with the sub-heading:
EXCLUSIVE: Former female police officers have lifted the lid on the shocking misogyny in the police including male colleagues passing around porn and making jokes about having sex with a missing woman

It quoted former Greater Manchester Chief Constable Sir Peter Fahy saying: “I have three grown-up daughters. If a member of my family was attacked, I would probably say no they shouldn’t report it. (The criminal justice system is) built on Victorian principles. It needs an overhaul.”

Susannah Fish, a former Nottinghamshire chief constable, the Mirror reported, believes that “misogyny in our police forces feed into the UK’s shockingly low rape and sexual harassment conviction rates… Misogyny is so ingrained in the decision-making… I would worry about reporting a crime against myself because I am not sure that it would be taken seriously.”

The Observer yesterday ran a piece headed:

REVEALED: THE GRIM LIST OF SEX ABUSE CLAIMS AGAINST METROPOLITAN POLICE
with a sub-heading:
The force upheld 119 cases among 600 complaints; they included an officer who was sacked after having sex with a rape victim

It included this:

“Figures from the Royal College of Policing’s current ‘barred list’ – officers who have been dismissed from a force and are banned from joining another – show that nearly a fifth of offences include abuse of position for sexual purposes, domestic violence or harassment against the public and colleagues.

“Of the 555 officers barred since the list was introduced in December 2017, more than 1,100 reasons for dismissal are listed of which more than 200 involve sexual, harassment or domestic abuse offences. Nearly a quarter of the barred officers served in the Metropolitan Police.”

Today, I read a piece in my local paper, the Borehamwood and Elstree Times, about a woman who had been sentenced to prison for assault – spitting at a Hertfordshire police officer. Admittedly spitting in someone’s face during the COVID pandemic is serious.

But a week ago, I posted a piece written by promoter Sally Homer about her niece, who had been brutally attacked and violently assaulted in the street at night in Warwickshire by a serving, off-duty West Midlands police officer.

It detailed the delay and obstruction which was encountered in trying to prosecute the police officer, despite a CCTV video (with clear sound) of the incident showing the unprovoked attack.

PC Oliver Banfield at the court (Photo by Sally Homer)

The policeman – PC Oliver Banfield – was last week found guilty of ‘assault by beating’ and sentenced at Leicester Magistrates’ Court for his attack. He was given no prison sentence. He was prosecuted in Leicester despite the fact the crime did not happen in Leicester, he does not live in Leicester and does not serve in Leicester. One can only presume this was done so as not to embarrass him in his home area. 

Instead of a prison sentence, he was given a 14-week night-time curfew and faces disciplinary action; he is still a serving police officer and avoided a community service order because it was said it would be difficult for him to work with criminals.

A propos the 14-week night-time curfew – PC Oliver Banfield’s ‘sentence’ for a violent ‘assault by beating’ – it is worth remembering that the current COVID Lockdown restrictions mean no-one is supposed to leave home unless it is absolutely necessary; all pubs, restaurants, cafes are closed except for take-aways; and all entertainment venues are closed.

I cannot see his life being affected.

Sally Homer has written this follow-up piece which discusses the PR spin (some might call it continued dishonesty) used by the police in this case.…

Sally – an expert in issuing PR statements – suggests that this piece should be a must-read for Police Communications Officers. I agree.


My niece’s attacker was sentenced on Friday. She gave an exclusive interview with Channel 4 News and the story went far and wide. This was media relations – the job I have done all my career.

On Friday afternoon both police forces – Warwickshire (investigating) and West Midlands (PC Banfield’s employer) – issued statements after C4 News invited them to respond within 24 hours.

West Midlands’ statement begins: “To protect the criminal case we’ve not been able to carry out our own misconduct investigation until its conclusion. Now sentencing has taken place, our investigation will be carried out and PC Banfield faces allegations of gross misconduct and is currently suspended.”

We were pleased to learn he had been suspended but the word ‘currently’ is deeply misleading.

We received a phone call and follow-up email from their professional standards dept on 17th February (this year) explaining that, because PC Banfield pleaded guilty, they did not have to wait until sentencing and their conduct review could begin immediately:

To clarify our conversation today I have explained that this matter is no longer Sub Judice as the officer pleaded guilty to assault and he is due to be sentenced on 5thMarch 2020. That now means we can continue with our conduct investigation which will include the review of the criminal case too.”

Did they give us false information a full month ago whilst PC Banfield remained in post (albeit on restrictive duties)?

Were they lying to the victim or misleading the public?  

Frames from CCTV video of attack by PC Oliver Banfield (6ft 2in tall) on the woman (5ft 2in tall)

Warwickshire’s statement ended:

We acknowledge that, due to internal process errors, the initial response to the report of the assault was not as swift as it should have been and an apology has been issued with regards to this. A proportionate investigation was then conducted, which ultimately led to the charge and prosecution of the perpetrator.”

A ‘proportionate investigation’ – nothing to do with the case against Banfield – was conducted into their OWN investigation because we made a formal complaint in August 2020 – that ultimately lead to the apology offered to my niece. The charge was made because we made a ‘victim’s right to appeal’ to the Crown Prosecution Service and the prosecution resulted because he pleaded guilty.  

In fact, Warwickshire Police did less than nothing to bring this case to court and this statement is deeply inaccurate and misleading.

So Police Communications Officers take note:

THIS IS HOW TO WRITE A PR STATEMENT:

  1. DON’T TELL LIES
  2. DON’T TAKE CREDIT FOR SOMETHING YOU HAD NOTHING TO DO WITH
  3. DEMONSTRATE COMPASSION

Personally, I think it is a faint hope that the police will change their ways.

Found guilty – but PC Oliver Banfield walks free (Photograph from C4 video)

Harriet Wistrich, Director of the Centre for Women’s Justice, issued the following statement:

“No wonder women are angry and protesting against male violence, misogyny in the police and across the criminal justice system.

“They are being failed by the police, failed by the CPS (the Crown Prosecution Service) and now failed by the judiciary.

“A mere curfew for a misogynist and violent crime such as this is laughable.

“We hope the police will now take uncompromising action against the officer and signal that there is no place for this conduct under any circumstances from their officers.”

Also, if you read the email received from the Police ‘Professional Standards Department’ on 17th February this year and quoted by Sally Homer, you may have noticed they said in writing: “…this matter is no longer Sub Judice as the officer pleaded guilty to assault and he is due to be sentenced on 5thMarch 2020″.

The sentencing was later delayed to 19th March. But police accuracy is somewhat called into question when they think this is 2020 not 2021…. If you want to know the time (or the facts) do not ask a policeman.   

THERE IS A FOLLOW-UP BLOG HERE

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Filed under England, Legal system, Police, sexism

Christine Keeler’s son remembers mum

Yesterday was Mother’s Day in the UK and Seymour Platt wrote: 

“This Mother’s Day, I am working to get my Mum the best gift I can – a pardon.

“Abused as a child, Mum fled her home at 15 and, over the following years, powerful men took advantage of her. From the age of 19, she spent 18 months being stalked and frequently raped by a violent man, who eventually attacked her in the street. When the case went to trial, Mum would be jailed for perjury while her attacker would walk free. 

“She lived the rest of her life branded a liar, powerless to challenge the lies that were told about her.

“My Mum is Christine Keeler and I want to set the record straight…”

His ​​christine-keeler.co.uk website says:

​Christine Keeler was an icon of the 20th century.

But what you think you know about her isn’t true.

Behind the glamorous image was a woman who was abused throughout her life.

​A woman whose traumatic experiences affected her until her death in 2017.

​It’s now time to re-evaluate Christine’s life.

It’s time to #PardonChristineKeeler

Christine Keeler and her son Seymour, c 1975 (from Christine’s private collection)

Yesterday, Seymour wrote:


I was struggling to remember a Mother’s Day with my Mum. Did I get her a card and make her breakfast? I just can’t remember.

I do remember the first cup of tea I ever made her. I was probably about six years old and had seen tea made a hundred times. I felt very grown up when she said yes and I went off to the kitchen. We used a tea strainer to make tea – it was the 1970s – add a teaspoon of tea leaves in the strainer and pour the boiling water over into the cup then add the milk and two sugars. That was how she took her tea. As it was the first cup of tea I had ever made, I wanted to make it special, so I added a pinch of salt for extra flavour.

She took a few sips and asked, “What is that strange taste?” 

I told her how I had added a pinch of salt for extra flavour and she just started to laugh. 

“Oh god! That’s why it tastes awful!” and she was laughing so hard, tears were rolling down her face.

It’s not a Mother’s Day story, it is a tea story and there was a lot of tea in the 1970s. At about the same time, my mother had some toilet water and, after going to the loo, I would go and find that bottle of toilet water and then pour some into the basin before flushing.

My mother asked me, “Why do I keep finding my perfume in the toilet?” 

“That’s your perfume? I thought it was for the toilet.”

“You’ve been putting my perfume down the toilet?” 

She was laughing again and I learned that Eau de Toilette is another name for perfume and not, in fact, toilet water. 

The perfume wasn’t a Mother’s Day gift from me. In fact I don’t remember ever buying a Mother’s Day gift. 

A few years later, when I was about 17, just after the film Scandal hit the screens, my mother was taken to a fancy restaurant, for an interview. When she got back it was late and she was a little bit tipsy but, always thinking of her son, she had brought me back a ‘doggy bag’, some of the food wrapped up in a napkin. 

“It was delicious,” she said. “I had to save you a bit.” 

At 17, I was always hungry so I was delighted – that is until she opened the napkin. 

“It was some of my starter,” she said, “a beautiful steak tartare.”

If you don’t know, steak tartare is raw steak with chopped onions, all covered in a raw egg – one of the worst meals you could put to one side and save for later. After several hours in her handbag, it looked and smelled like dog food.

“Go on, have some, it’s delicious.”

The look and smell of the steak tartare made me never want to eat food again but, because Chris was a little tipsy, not wanting to eat this ‘dog food’ wrapped in a napkin was insulting to her. She had gone to all the trouble to bring me back a little doggy bag. She told me, “I had to get the journalist to distract the waiter while I put the napkin in my bag.”

She told me I was ungrateful for not eating the food: “If you’re not going to eat it, then I will!” and off she went to get a fork. 

After one bite, she said, “Don’t eat that, it’s gone off, yuk!” and she ran off to spit it out. We laughed so hard she started coughing that deep smoker’s cough.

The fancy restaurant meal that night wasn’t a Mother’s Day treat from me.

It seems every day more people are stepping forward and offering to help with the campaign to get her pardoned posthumously, which is wonderful; and any help is gratefully accepted. 

I am finding myself getting a little nervous now and thinking what would happen if her pardon is rejected or why it could be rejected. I guess these are all understandable fears, but I also realise it’s because the story of getting my mother a pardon is not just my story. In fact it hasn’t been for a while, as more and more people get involved, more people become invested. 

I sometimes sense the same nervousness in the people around me, the people who are working on this so hard to get her pardoned. I’m sure that is a good thing because sometimes being nervous reminds us when things are important.

On Mother’s Day, we do something in recognition of the women who brought us into the world and this week I wanted to tell you stories about my mother that could equally have been stories about any mother, stories that show a mother’s love.

If you are lucky enough to be with your mother today, why don’t you tell her that you love her and maybe make her a cup of tea? But don’t put any salt in the tea, it makes it taste yuk. 

Happy Mother’s Day, Mum.


Details of Seymour’s campaign to obtain a pardon for his mum are online at christine-keeler.co.uk


 

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Angelo Marcos on why comics are like lawyers and jokes are like whodunnits

Angelo Marcos is a stand-up comedian and actor. He has written two short story collections and two novels. His fifth book, the crime thriller Victim Mentality, is out now.


JOHN: So what’s it about?

ANGELO: Well, I’ve written other psychological thrillers and they were quite dark, so this one was meant to be a lighter book, but (LAUGHS) it didn’t turn out that way. 

JOHN: Part of it is written in the First Person and part of it in the Third Person. 

ANGELO: Yes. The First Person is from the point-of-view of a stand-up comedian. 

JOHN: Everyone says a first novel tends to be autobiographical but, with you, the fifth book is autobiographical?

ANGELO: This is the most personal book I’ve written.

JOHN: You did Law and Psychology at university.

Angelo Marcos (Photo copyright Remy Hunter)

ANGELO: Yes, I studied Law and while I did that, I was also performing stand-up and doing acting, but then I found I didn’t have any money. So then I worked a bit – various things – a bank, offices, a supermarket. I worked for a market research company which was basically just other actors, with everyone sitting around trying to do as little work as possible, waiting for their agent to phone.

Then I re-trained – basically a Post-Graduate three-year Psychology course in one-and-a-half years. And I was writing during that time as well.

JOHN: So originally you wanted to be a lawyer, which is a very level-headed thing to aspire to… but you also had this mad stand-up comedy gene?

ANGELO: I went to university because everyone was going and I thought – Well – Law – OK. But, from the beginning, I was also doing stand-up. I was at the University of London, so it was easy enough to find gigs. I knew I didn’t want to be a lawyer, but it wasn’t until about halfway through the degree that thought: OK, I DEFINITELY not only do not want to be a lawyer and I don’t want to work in Law. Let’s just get famous instead!

JOHN: Why didn’t you want to be in Law?

ANGELO: I found the analytical side of it fascinating, but I liked the kind-of absurd analytical side of it. I liked the fact you could pretty-much make words mean whatever you wanted them to mean.

I love stories. In criminal law, the cases were fascinating. So I elected to do subjects like Moral Philosophy, Law & Terrorism and other things kind-of affiliated with law, but not the core subject. I dunno. I just found Law itself a bit dry. It’s a really good degree to have. It’s a really good set of skills to have. But I prefer using them in other ways.

Lawyers and comics have much in common

JOHN: Barristers and comedians have in common the fact they both stand up and tell lies to create an effect on an audience.

ANGELO: That’s very true. Although lawyers get paid more, until you get to Michael McIntyre. But there IS that element of performance. 

When you are heckled as a stand-up, there are no holds barred. You HAVE to win. And I guess it’s similar in a court situation. If you are a barrister and someone questions one of your points or if you have a witness who is particularly hostile, I imagine the switch that goes on in the brain is the same: I have to win now!… In the same way that, as a stand-up, you don’t want to lose credibility, you don’t want to ‘lose’ the audience.

JOHN: And you have to persuade the audience that your story is credible and real, even if it might be a lie.

ANGELO: That’s true. You are saying: This is a scenario you need to buy into. This is what happened that night. Whether it’s true or not is a different thing. You have to sell that to the jury or the audience… I’m not saying that all lawyers do this. I’m not saying that no lawyers are interested in truth.

JOHN: I am. They are interested in winning and getting paid though, of course, they get paid whether they win or lose.

ANGELO: What I am saying is that, in my experience, it is entirely possible to be a successful lawyer and not be interested in truth.

JOHN: Being a lawyer in court and being a stand-up comedian are both about telling a story, which is what being a writer is also about…

ANGELO: Yeah. Absolutely. I do a lot of different things – stand-up, acting, writing – and I think the link is they all involve stories.

JOHN: And an interest in structure where the story has to build up to an interesting climax…

ANGELO: I think with the build-up to the punchline of a joke… the mechanism of that is the same when you are writing the twist in a novel crime thriller or a short story. In all three, you are giving the audience or the reader only the information you want them to have. Enough to follow you, but not enough to work out what the twist or what the joke is going o be.

Whether it’s a surprise punchline or the revelation that: “It was the babysitter all along!” – it’s a similar mechanism. I loved The Usual Suspects because it’s so clever and it totally tricked me.

JOHN: Like an optical illusion.

ANGELO: When I was doing Psychology, one of the lecturers explained the mechanism behind optical illusions and he was saying no matter how much you know about how they work, as a human being, every time you look at these pictures you will see the illusion first.

That’s where I got the premise for Victim Mentality: that it doesn’t matter how much you know, we are all wired in a certain way and that makes us all victims. You can try and look at the picture and not see the illusion, but you always WILL see the illusion.

“…the psychology of being a comedian is in the new book”

I suppose a lot of the psychology of being a comedian is in the new book. That sense of going to a gig that’s just not set up for comedy. There are a lot of hostile environments that you walk into at the open mic level, which is where the comedian in my book is.

He has been doing it for a while, struggling, and he’s also trying to get into acting. At the start of the story, his agent books an interview with him and an incarcerated criminal so he can get into character for the role. When they meet, it becomes obvious there’s quite a lot of similarities between them.

The premise of the book is that we are all victims of our own minds. The guy in jail is saying: “You are looking at me as if I am some kind of special case. You are trying to understand why I would do the things I do. But, essentially, we are all wired in certain ways; we all have certain life experiences that cause us to act the way we do.”

There is tragedy in the comedian’s past and in the criminal’s past.

I don’t go so far as to question Free Will, but it’s a case of Are you doing this because you are wired to do it or because it’s fun or whatever? Are you a victim of your own brain just like everyone else?

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Filed under Acting, Comedy, Legal system, Psychology, Writing

The U.K. legal system, where you are presumed guilty until proven innocent

Yesterday’s Sunday Herald on Luke Mitchell

I was reading a piece in Scotland’s Sunday Herald newspaper yesterday. I have absolutely no idea about the true facts or the guilt or innocence in this case, but there is an undeniable truth when the imprisoned guy says:

“The court system and the police, they’re not separate bodies, they’re all part of the state. The justice system isn’t there to protect you, it’s to get the conviction.”

The UK court system is inherently corrupt. It is not designed to uncover innocence or guilt. The police investigate a case and find the person they believe or claim they believe is guilty. That person is then presumed guilty unless he or she can (via an expensive paid advocate) prove themselves innocent or apparently innocent. The court prosecutes the person on the presumption of guilt and a judge or jury decides which of two paid advocates has constructed a better case.

It is a contest and career-building exercise between two highly-paid, trained debaters. The accused person is presumed guilty until and unless proven innocent. It is illegal for any jury member to attempt to check any evidence other than what is presented in court.

The Stefan Kisko case – the clearest miscarriage of justice

The only evidence which can be considered is the evidence of two trainee debaters paid to hide anything which might throw doubt on their own version of events.

Hiding facts is as important as presenting them. Points are effectively awarded for presentation, style, skill and content. The verdict is about which advocate has been a better performer. It is a bit like competitive ice skating with people’s lives, often on thin ice. Or like politics.

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Filed under Crime, Legal system, Politics

Worldwide comments on Louise Reay’s husband’s self-destructive court case.

Controversial Edinburgh Fringe show

If you want to complain about something included in a comedy show you have not seen, my advice is do not sue the comic. Whatever the rights or wrongs of the case, it will not make you look good and the media will love it.

Last Friday, I blogged about Louise Reay starting a crowdfunding appeal to cover court costs because her estranged husband is suing her for mentioning him in an Edinburgh Fringe comedy show Hard Mode last year.

As far as I am aware, he has never actually seen the show, which was about political totalitarianism and what would happen if the Chinese government took over the BBC.

I saw a preview of Hard Mode before the Fringe in which Louise mentioned how sad she was about her marriage breaking up. Without details.

I never saw the show in Edinburgh. Apparently her husband objected to some comments he was told she had made in a handful of shows and she removed the comments. Now, six months later, he is suing her.

Drawing attention to something only a few people heard by going into a public court and attracting inevitable media publicity is staggeringly counterproductive. As I mentioned in my blog yesterday, it triggers the Streisand Effect. I showed how the story had spread, virus-like – basically Husband Sues Comedian Wife for Talking About Him on Stage – and, since yesterday, it has spread further with people now commenting on it worldwide. The latest new references to it which I spotted on a cursory Google this morning are listed below at the bottom of this blog.

Eraserhead – Louise’s new show had to be written in 48 hours

In Australia, The Advertiser noted that the complained-of show “last year won an Adelaide Fringe Best Emerging Artist Weekly Award”. This year (Louise is currently performing in Adelaide), The Advertiser notes she was forced to write a new show Eraserhead in just 48 hours. It is “about the experience of censorship and the way it makes you feel like your identity is being erased”.

Louise is quoted as saying: “he’s suing me, which in my opinion is simply an attempt to silence me. As standup comedians, I believe it’s the very definition of our job to talk about our lives and social issues.”

Canada’s National Post wisely got in touch with Malcolm Hardee Comedy Award judge Claire Smith, who actually saw and reviewed the complained-about show in Edinburgh for The Scotsman last year.

She said that the show was about freedom of speech and political oppression. At one brief point in the show, she told the National Post yesterday: “My memory of it is that (Louise) said that she’d realized that she’d also been in an oppressive relationship. But it was so minor — there was very, very little detail… I’ve seen lots of shows where people talk about relationships where they’ve gone into a lot of detail about their relationships, their marriage. Mostly what she was doing was making a political point. It seems extraordinary that he has taken this view of it.”

The Malaysian Digest quoted Mark Stephens, a libel lawyer at Howard Kennedy in London, who told the UK’s Guardian:

“There’s a long history of British juries – before they were abolished [in defamation cases] – not finding in favour of claimants when it’s a joke… This will be the first time [the issue comes] before a judge. It’s going to be a test of whether the British judiciary understands a joke – I mean that seriously. It’s a test case for the judge to see whether they will follow the same route as juries used to take, which was to throw libel cases which were based on humour out on their ear. Judges have traditionally had something of a humourless side.”

The Malaysian Digest continues: “Drawing from personal experience has been key to vast numbers of comedians’ work. Last year’s Fringe, even, featured separate shows by ex-couple Sarah Pascoe and John Robins in which they discussed their break up, the latter winning the Edinburgh Comedy Award for Best Show, shared with Hannah Gadsby. Sarah Millican won the if.comedy award for Best Newcomer in 2008 for her show Sarah Millican’s Not Nice, inspired by her own divorce.

“It was a show about censorship and authoritarianism…”

“(Louise Reay’s) solicitors have also issued a statement on the case, reading: Louise started to write her Hard Mode show when she was still with her husband. It was a show about censorship and authoritarianism, asking the audience to imagine that the BBC had come into the control of the Chinese Government. It was in no way a show about her husband. While performing the show after their separation, Louise mentioned her husband a couple of times but this was in the context of telling the audience how sad she was that they had recently separated.

“At certain performances of the show, she cried at this point. While she used Mr. Reay’s image of a couple of times, she invited the audience to admire how good-looking he was and expressed sadness that the marriage had come to an end. She used an image and some footage from their wedding that she had been using in her shows for years without any objection from Mr. Reay.

Mr. Reay had claimed that there are sections of the show which will have been understood by the audience to mean that he was abusive to Louise. Louise’s position is that the key sections that he claimed are defamatory of him were not intended to be understood by the audience to refer to him. During the most of these sections, Louise was playing various different characters, including a newsreader and Jeremy Clarkson. Should this case go to trial, there will undoubtedly be debate over the meaning of the words complained about and whether they can truly be said to refer to Mr. Reay.

Claire Smith’s review of the show in The Scotsman last year, by the way, said it was: “an absurdist show about totalitarianism which intentionally makes its audience feel uncomfortable. We are hustled to our feet, given identity papers and surrounded by masked guards who are watching our behaviour. In the past Reay, who is fluent in Chinese, has been sponsored by the Chinese government to create absurdist mime shows in Chinese. It is safe to say Reay and the Chinese government are getting a divorce – particularly as she has worked on this show with dissident artist Ai Weiwei. It’s a bold experimental comedy.”

In fact, the Chinese, as far as I am aware at the time of writing, have not yet threatened to sue Louise.

Louise’s TV documentary work covers difficult subjects

Incidentally, Louise’s TV documentary credits include BBC1 Panorama, Channel 4’s Dispatches, BBC2’s study of income inequality The Super Rich & Us, Channel 4’s series on immigration Why Don’t You Speak English?,  BBC2’s series on education Chinese School: Are Our Kids Tough Enough?, BBC4’s History of India: Treasures of the Indus and Channel 4’s History of China: Triumph & Turmoil.

I don’t think the current court case could easily be the subject of some future TV documentary. More a TV sitcom.

Louise Reay’s crowdfunding page is HERE.

The latest batch of media reports are:

THE ADVERTISER (AUSTRALIA)

BBC NEWS, SCOTLAND

DAILY EXPRESS

DAILY RECORD (SCOTLAND)

(LONDON) EVENING STANDARD

GIZMODO

THE i

LINDA NIEUWS (HOLLAND)

MALAYSIAN DIGEST

MANDY NEWS online

NATIONAL POST (CANADA)

NEW YORK POST

THE SCOTSMAN

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Filed under China, Comedy, Legal system

Comic Louise Reay, her husband suing her and the destructiveness of publicity

Friday’s blog

On Friday, I blogged a story about comic performer Louise Reay crowdfunding to cover her legal fees because her estranged husband is suing her as a result of her saying, he claims, something derogatory about him in her Edinburgh Fringe show back in August.

She had removed the reference after he complained so why he has decided to sue her now – in February – is beyond me.

But, leaving aside the rights and wrongs of the case – I have no idea what his complaint is and the preview show I saw in advance of Edinburgh was not derogatory about him – there is the Streisand Effect to take into consideration here.

I mentioned this is my blog last Friday.

I can do no better than to quote the current Wikipedia entry – if it’s in Wikipedia, it must be true…

“The Streisand Effect is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the Internet. It is an example of psychological reactance, wherein once people are aware that some information is being kept from them, their motivation to access and spread it is increased.

The complained-of photo of the Barbra Streisand mansion (Photo Copyright (C) 2002 Kenneth & Gabrielle Adelman, California Coastal Records Project)

It dates back to 2003, when Barbra Streisand sued a photographer for violation of privacy by making an aerial photograph of her mansion publicly available amid a collection of 12,000 California coastline photographs which aimed to draw attention to coastal erosion.

The photograph she complained about had only, one presumes, ever been seen by coastline erosion enthusiasts and had only ever been downloaded six times (two of those were by Streisand’s attorneys). As a result of the legal action, more than 420,000 people visited the site over the following month.  (The lawsuit was dismissed and Streisand was ordered to pay the photographer’s legal fees, which amounted to $155,567.)

Last Friday, I blogged about Louise Reay being sued by her estranged husband over an Edinburgh show which, let’s face it – Louise is good, but – only a small number of people had ever seen.

On Saturday, the Chortle comedy website picked up the story.

On Monday, the Guardian newspaper was reporting it.

On Tuesday morning, it was on Channel 5.

By Tuesday teatime, it was on the BBC World Service.

By this morning – Wednesday – on a very superficial search (excluding blogs and social media mentions) these outlets (listed alphabetically) had reported the story:

BBC WORLD SERVICE
“BBC OS” at 16’00”-20’00” on
http://www.bbc.co.uk/programmes/w172vrbbtvrl739

CHANNEL 5
“The Wright Stuff” at 54’24”-55’55” on
https://www.my5.tv/the-wright-stuff/season-2018/episode-32

CHORTLE COMEDY INDUSTRY WEBSITE

CRAVE

(GLASGOW) EVENING TIMES

GUARDIAN

(GLASGOW) HERALD

THE INDEPENDENT

METRO

DAILY MIRROR

NATIONAL POST

THE SUN

THE TIMES

THE WEEK

Louise – the allegedly offensive show

Louise Reay’s husband is apparently suing her because he says she said things about him which will make people think less of him.

Apparently Louise Reay’s estranged husband is suing her for £30,000.

It seems to me that, if he is claiming damage to his reputation, then (if true) £29,999.50p of that damage would have been caused by he himself and 50p by anything a few people heard in less than a handful of shows in Edinburgh back in August 2017.

Do people take what comedians say in comedy shows seriously?

As Terry Christian said yesterday on The Wright Stuff on Channel 5: “Imagine how much money Les Dawson’s mother-in-law would have got.”

Someone on Facebook commented about Louise’s un-named husband: “He’s trying to tell the world he’s not a cunt by being an utter cunt.”

Louise Reay’s crowdfunding page to cover her legal costs

Note that that comment (with which, of course, I do not associate myself) is referring not to the perception of the estranged husband raised by Louise’s Edinburgh Fringe show but by the perception raised by the estranged husband’s legal action.

If it is possible under English law, I think Louise’s estranged husband would have a very strong case for suing himself for self-defamation of his own character.

Now THAT is an Edinburgh Fringe show I would pay to see.

MORE ON THIS STORY HERE

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Comedian Louise Reay is being sued over a Fringe show about free speech

Louise Reay, has come up against a brick wall, not in China

Last year, comic Louise Reay previewed her then-upcoming Edinburgh Fringe comedy show Hard Mode at critic Kate Copstick’s increasingly prestigious London charity emporium Mama Biashara.

It was the first time I knew Louise had separated from her husband.

Beyond that fact and a lot of rather arty Chinese references, I discovered no details of why they had separated. That is relevant to what follows.

The  blurb for Hard Mode read:


“Based on a dialogue with Ai Weiwei and featuring a team of masked police, this provocative show explores censorship”

Imagine how you’d act if you were always being watched? Imagine if you couldn’t speak freely? Imagine if the Chinese government bought the BBC?

An immersive comedy show where the audience experiences life in an authoritarian regime. Yay!

Based on a dialogue with Ai Weiwei and featuring a team of masked police, this provocative show explores censorship and surveillance.

Hard Mode is the latest show from multi award-winning comedian and journalist, Louise Reay.

‘Reay can legitimately claim to be unique’ (Independent)

‘Truly fantastic, utterly out there’ (Al Murray)

**** (Skinny)


“I am being sued. It’s really happening”

Last night, I got an email from Louise. She is currently in Australia, performing at the Adelaide Fringe. Her email read:

Dear John – I am being sued. It’s really happening. 

She is being sued by her estranged husband because he objected to what he claims was in her Hard Mode show.

I can only assume her estranged husband has not heard of The Streisand Effect.

Louise has started a GoFundMe crowdfunding page. It reads:


Hi! I am Louise Beamont, my stage name is Louise Reay.

I hope you’ll forgive me – but I need to ask you something.

You see, I am being sued over one of my stand-up shows.

Not just by anyone. By my husband (now separated of course).

He has a lot more money than me and he says that I accused him of abusing me in my show. And so he’s suing me, which in my opinion is simply an attempt to silence me.

As standup comedians, I believe it’s the very definition of our job to talk about our lives and social issues.

So this has become a free speech issue – and free speech means everything to me. As a Chinese speaker, I’ve spent many years in China and experienced the social impact when people do not have this freedom. I’ve also spent many years making documentaries for the BBC with vulnerable people whose voices are rarely heard.

And, I cannot begin to tell you how difficult an experience it has been to have my Edinburgh show censored.

I think therefore it’s really important for me to defend myself in this case.

And I’m afraid I need your help please because. I need to pay lawyers you see.

Here’s a bit more detail ….

I am a stand up comedian and documentary-maker, with a particular interest in speaking out for oppressed people.  On Tuesday 30 January 2018, I was served with defamation, privacy and data protection proceedings by my husband from whom I am separated. I cannot tell you how oppressive that feels.

The claim is in relation to a comedy show that I performed last year. a few times last year. It was a 50 minute show about censorship and authoritarianism, asking the audience to imagine that the BBC had come into the control of the Chinese government.

During that show, I referred to my husband a couple of times – perhaps 2 minutes’ worth of reference in a 50 minute show. The main gist of those references was to tell the audience how sad I was that my marriage had broken down recently. He has complained about 2 performances of my show in London, and my shows at the Edinburgh Fringe.

He is seeking £30,000 damages, his legal costs (which I can only assume will be massive) and an injunction stopping me from publishing statements about him. This is despite the fact that I gave him an undertaking (a sort of legal promise – without admitting liability of course) not to mention him in any further performances of the show, as soon as his lawyers complained. Indeed, all further performances of the show at the Edinburgh Fringe were without reference to him.

Defamation and privacy cases like this can be very expensive to defend. At present, I do not have the funds to defend this case. Therefore, I’d be very grateful for any assistance with costs. I have struggled greatly to pay all of my costs to date but and cannot afford to pay a barrister to prepare my defence.

I am confident I can defend the claim. However, these sorts of cases are fraught with uncertainty. It will depend on what the judge finds the words mean and possibly on whose testimony the judge prefers.

I am therefore seeking to raise an initial fund of at least £10,000. I might need to raise more as the case goes on.

If I am successful in defending this case, I hope to secure the recovery of some of my legal expenses from him (around 70% is typical I’m told). If I am able to recover some of my legal expenses, I will reimburse all those who have contributed to my defence fund in proportion to what each party has contributed.

Funds raised in this crowdfunder shall be used solely for my legal expenses. If I lose the case and damages and costs are awarded to my husband, I shall be personally liable for those. I’m told that, if this happens, it could be in the hundreds of thousands of pounds, and I will be bankrupt.

In any responses to this message can I please ask that you don’t post any negative comments about my husband. I’m not trying to embarrass him with this plea. I’m desperate. I need help. It’s about free speech … just like my show was.

Thank you very much for reading.


The link to the GoFundMe crowdfunding page is HERE

MORE ON THIS STORY HERE

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A man can avoid UK Death Duties and a woman can piss in a policeman’s helmet

I told someone an untruth yesterday.

In the UK, if you die, your estate has to pay Death Duties (Inheritance Tax) on what you leave behind over £325,000… unless you leave it to your spouse, civil partner, a charity or (rather oddly) a community amateur sports club.

So, basically, your sons, daughters and other heirs have to pay tax on what they inherit in your will.

If you are Lord Bloggs and own some flash country house, hundreds of acres and an estate worth several million pounds, the Inheritance Tax can be crippling. Tax is assessed at 40% of the net value of the estate. The ‘estate’ is property, land, cash, investments, anything of real value you leave behind.

But there is a way round this tax. Not just for Lord Bloggs but for any man who leaves an estate worth over £325,000 (and, with current house prices, that is not uncommon).

If you are a man and your wife is dead, you can marry your son.

A mother cannot marry her son. It is illegal.

A father cannot marry his daughter. It is illegal.

Incest is illegal.

But there is no law against a father marrying his son.

It is one of those quirks in UK law. Much like the quirk that used to mean male homosexuality was illegal but lesbianism was not illegal.

It was never illegal for a father to marry his son because the thought of it was inconceivable and male homosexuality was illegal.

So, now male-male marriages are legal, there is a quirky loophole in the law – that a father can marry his son provided the marriage is never consummated (because incest is still illegal).

That means that if, after the death of his wife, a man marries his son then… when the man dies, the son is his spouse and is not liable for death duties/inheritance tax.

Unfortunately, I found out today that is all a load of utter bollocks.

I told an untruth. Mea culpa.

Apparently a 2004 amendment to the Marriage Act 1949 specifically prohibits a father marrying his son – acccording to the Daily Telegraph, who should know about such things.

Pity.

A great pity.

I rather enjoyed the British quirkiness of it all.

Perhaps we should repeal the 2004 amendment to the Marriage Act.

I was always comforted by the thought that there is still an Oliver Cromwell law on the statute books which made it illegal for anyone in England to celebrate Christmas or to eat mince pies on Christmas Day.

But apparently it is an urban myth – Charles II repealed almost all Cromwell’s new laws.

London Metropolitan Police helmet

There is another urban myth that it is legal for a man to urinate on the rear wheel of his vehicle if his right hand is on the vehicle. And that pregnant women can legally urinate in any public place, including into a policeman’s helmet.

Alas, the BBC – who know about such things – say these are just that… urban myths.

Except – and this is true – the Law Commission does say that a police officer may make an exception for an expectant mother.

 

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The most feared comedy critic at the Edinburgh Fringe and her links to crime

Could this wordsmith have saved you from a prison sentence?

At this month’s Grouchy Club meeting in London, I talked to comedy critic Kate Copstick, one of the judges of the increasingly prestigious Malcolm Hardee Comedy Awards.

“So,” I started, “you were trained as a lawyer in Scotland…”

“Yes, I did a law degree at Glasgow University because I watched Margaret Lockwood in the TV series Justice at a very impressionable age and I saw the original Witness For The Prosecution with Charles Laughton when my whole brain was malleable. I got this idea that lawyers were there to help people… I pause for laughter.

“I really just wanted to be an actress, but then my mum died very suddenly and my dad went to pieces and I thought: We must do something to cheer up my dad. What I had always done to cheer up my dad, my gran, my mum – anybody – was do something clever – win a prize, be first in the class, something.

“So I thought: Great! I will make him magically forget the love of his life to whom he has been married for 17 years has just died overnight of a brain haemorrhage… by announcing that I am going to do a law degree.”

“Very sensible,” I said. “How long was the course?”

“Four years for an Honours degree. And then, in Scotland, you do an apprenticeship and then, if you want to go to the Bar, you do devilling.”

“Devilling?”

“They call it pupilage in England.”

“You enjoyed your law course?”

“It was great. I was drunk through most of the degree.”

“And you were bonking…”

“Endlessly. I fucked people for the same reason people climb mountains. Because they’re there.”

On his death in 2015, the Telegraph called Joe a man of “integrity and passion”

“And you wanted to be…?”

“A criminal lawyer and the really, really famous guy who all the criminals in Glasgow went to was Joe Beltrami. He was a phenomenal lawyer who judged nobody and absolutely gave everybody the best defence they could get. They had never had any women working for them other than as secretaries but I persuaded Joe Beltrami and did my apprenticeship with them and it was – fucking hell! – a bit of an eye-opener.”

“You were not doing motoring offences…”

“No. They only did the biggies – murder, armed robbery, rape. So I spent most of my time interviewing witnesses, talking to the police, collecting bits-and-bobs of evidence at prisons or in the High Court. It was a TOTAL eye-opener.”

“At what point,” I asked, “did you discover there was no justice?”

“Fairly early on. It completely turned the way I thought about… the way I thought about everything. I had just come out of university. What the fuck did I know? Nothing.”

“Why did you stop being involved in the legal system?”

“One reason was that I was just getting so angry. Because of the unfairness of the system. You see an actual policeman standing there just lying. Not being mistaken, but telling a direct lie and then two of his friends stepping up and saying: Yes, I can corroborate what DC So-and-so was saying. Seeing that and knowing there is nothing you can do about it because the jury are thinking: It’s the police. So it’s true…

The Scottish media called Walter Norval Glasgow’s Godfather & “first crime boss”

“I learned more and more that you can be found guilty because your accent is wrong, because you look wrong, because you don’t know the right words. You can be found innocent because you have a posh fucking Eton accent and you can see the jury thinking: He’s such a nice chap; how can he have possibly done that? And there is nothing legally you can do about it, because the law is just a big boys’ game. If you try and go up against that, you’re not going to get anywhere.”

“I only know the English system,” I said, “not the Scottish system, but isn’t the whole basis of the court system that you are not judging whether someone is innocent or guilty, you are judging which of two legal eagles is putting forward a better case and which is the more credible liar?”

“It’s all shite, John,” said Copstick. “I was at the point where I was thinking: Well, if the police are going to lie, then I will lie. And, that way, absolute madness lies.”

“I once,” I said, “talked to (a former Conservative Prime Minister)’s personal solicitor. He was a top city solicitor. And he told me he would never put a Metropolitan Police officer into the witness box without corroboration because you could never guarantee they were telling the truth.”

“The scariest people I ever met in Glasgow,” said Copstick, “were members of the Serious Crimes Squad.”

“Joe Beltrami,” I said, “was Arthur Thompson’s lawyer, wasn’t he? So that is very serious stuff.”

“I never met Arthur Thompson,” Copstick replied. “But one of the clients I worked with was a guy called Walter Norval, who was known as The Glasgow Godfather. That would be at the end of the 1970s or the early 1980s, I guess. His speciality was armed robbery. He was another nail in the coffin of my legal career.

“This was a man who had stood like a colossus over the criminal world of Glasgow… allegedly… for many years with many armed bank robberies. Nobody particularly got hurt. But there were a load of sawn-off shotguns going around and a load of banks robbed. Generally speaking he was never at the robberies. He was the mastermind. You don’t get Mr Marks and Mr Spencer on the shop floor offering 2-for-1 on knickers.

Daily Record reported Norval’s 2014 funeral.

“Walter Norval was arrested. The big evidence the police had was that he had gone from the site of an armed bank robbery, driven home and parked his brown Ford Granada car outside his house with four sawn-off shotguns in the boot – like yer average criminal mastermind does. And that was what he got convicted on.

“I went in and saw him afterwards and asked him: Is this not driving you absolutely mental? It was all a lie! 

“He said: Well, to be honest, there’s a lot of things I’ve done that I’ve got away with and this I did not do but it sort of evens-out.

“And I thought: But that doesn’t excuse it! This is criminal policing at the highest level. And they’re fucking liars. I was just too angry. I was getting too angry. And angry gets you nowhere in law. Especially as a female. Emotion gets you nowhere.

“You have to know when you’re beaten. I would have ended up being found out to have fiddled something. It just made me so angry.”

“If a crime is committed in England,” I said, “the police investigate the crime and find the person they believe committed the crime. Then they go to the Crown Prosecution Service who decide if, on a balance of probability, they will get a Guilty verdict in court. In court, it’s nothing to do with finding out the facts because the facts have already been investigated and the accused is presumed to be guilty unless ‘proven’ innocent. In court, it’s about two trained liars in a competition to see which performs better.”

“Up to a point,” said Copstick. “It’s a game. It’s like chess. I think what you’re struggling to say is that there is a massive dichotomy between law and justice.”

“I went to a grammar school,” I said, “which was a bit up itself. So it had a ‘debating society’ and the most admirable thing you could do there was argue on and win a proposition you did not believe in yourself. To me, that’s dishonesty. But that’s the basis of the legal system. You are very argumentative.”

“Yes,” agreed Copstick.

“Once you decide to take one side,” I suggested, “you will argue that case come what may.”

“Now I can be Devil’s Advocate,” said Copstick. “Back then, I was completely incapable of doing that.”

The argumentative side of Copstick will be on show next month when she and I host the daily Grouchy Club at the Edinburgh Fringe 14th-27th August, as part of the Laughing Horse Free Festival. The Grouchy Club has been labelled by The Scotsman as “a talking shop for comics riding the emotional rollercoaster of the Edinburgh Fringe” and by me as “a rolling Copstick diatribe”.

After the Fringe finishes, the Grouchy Club continues monthly in London.

For anyone on the receiving end of one of her comedy reviews in Edinburgh – Best of luck.

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How Will Franken and Lewis Schaffer decided to con ITV out of lots of money

Lewis Schaffer videos Will Franken by a Big Mac toilet

A couple of weeks ago, I posted a blog conversation with London-based American comedians Will Franken and Lewis Schaffer.

A few months before, Will Franken had decided that he would wear women’s clothes on stage and off stage and would be called Sarah Franken. For the conversation I had, Will had come dressed as a man and there was some discussion about whether or not he might drop the Sarah Franken persona.

The blog continued in a post the next day, in which Lewis Schaffer mentioned that Will owed him some money and Will mentioned Lewis Schaffer had never called him Sarah Franken.

One reason this conversation was split into two blogs was to draw a little attention to the ‘he owes me money/he didn’t call me Sarah’ narrative, because there was one part of the chat we had (in a McDonalds in Holborn) which I carefully omitted from the two blogs.

In the second blog I posted, Lewis Schaffer is quoted as saying: “When I moved to England, I got an offer to appear on the TV series Wife Swap. My wife at the time did not want to do it and I didn’t want to do it either,” after which Will said: “The first thing that goes though my head now is: Is there money? I don’t think about exposure any more.”

The section of the conversation which I omitted came immediately following that.

Below is what I omitted.


Lewis Schaffer (left) and Will Franken concocted a comedy idea in a McDonalds

Lewis Schaffer (left) and Will Franken concocted a comedy idea in a McDonalds

“I don’t give a fuck about exposure,” Will continued. “I got an email from the Judge Rinder people.”

[Judge Rinder is a British reality court show. It stars criminal barrister Robert Rinder as the judge, who oversees disputes between two real members of the public in a mock-up of a small claims courtroom. It is similar to the US TV show Judge Judy]

“It was Friday afternoon,” Will explained, “and I got an e-mail and it was somebody from ITV studios in Manchester saying: We may have an opportunity for you. I’ve been doing this for fifteen years now and I’ve never learned my lesson. The first thought that goes to my hayseed, Missouri hick brain is always: They’re going to give me my own show! Thankyou, God!

“You deserve it, too,” Lewis Schaffer told him.

“So I go back home,” Will said, “and, of course, the terrorist thing happened in Paris. So I called the guy the next day and he said: OK. Do you know this show called Judge RinderWe are looking for people who have a funny story, like maybe somebody took your laptop but didn’t bring it back? Something like that. Do you have any stories?

“I asked: Is there any money for this? And he said: No, but we will give you money for a nice hotel in Manchester. I said: Do you have any idea what the fuck happened last night, man? What kind of whorehouse is this?

“And then today, he e-mails me again and says: OK, have you had some time to think? Do you have any friends? And I said: No, we would all need a fee. every one of the people I know would need a fee.”

“No money?” said Lewis Schaffer. “I wouldn’t do that, because that’s not comedy. You would have to do some actual work before it. The thing is, you’ve got to get two insane people to be on that programme.”

“Why don’t WE do it?” Will asked Lewis Schaffer. “I would do it if you and I could do it.”

“THAT would be funny,” agreed Lewis Schaffer.

“But what,” I asked, “could you sue each other over?”

“I could e-mail the guy right now,” said Will, “and we could say, if he gets Lewis and me each a hotel room in Manchester and covers our travel…”

“…and food,” added Lewis Schaffer. “And we want a per diem of some kind.”

“Were you serious,” I asked Lewis Schaffer, “when you said you lent Will some money?”

“Yeah, yeah,” said Lewis Schaffer.

“Well, that’s the basis,” I said.

“He needed money,” explained Lewis Schaffer, “and I said to him If you come down and come on my radio show – because I needed a guest and I’m very last-minute – I was desperate for a guest and I said to Will: Come down and I’ll loan you the £50.”

Will said: “I thought you said: I’ll GIVE you £50.”

“I’m not gonna GIVE you £50!” said Lewis Schaffer.

“Say it’s £150,” I suggested. “It’s sexier.”

“But,” replied Lewis Schaffer, “then the judge will ask: Did you fuck him?

“I think it will be funny,” said Will.

“It will be funny,” agreed Lewis Schaffer, then said to me: “He’s given me a total of £8 back.”

Will, laughing and adopting a hick mid-Western accent, said: “He took my catchphrase, which was Cheerio, Yankees! Let’s just make up something.”

“If,” I said, “you’re going to tell a lie on TV about anything, base it on reality. He lent you £150.”

“What’s the difference?” asked Lewis Schaffer.

“It sounds better,” I said. “For £50, you wouldn’t go on TV; for £150, you might.”

“Maybe I’m just angry at the guy,” said Lewis Schaffer. “It’s payback time.”

“This is kind of funny,” said Will. “Shall we do this?”

“Yeah,” said Lewis Schaffer.

“It’s a good idea,” I agreed.

“Do it tomorrow,” said Lewis Schaffer.

“No,” I said. “Do it now.”

Will started composing an e-mail.

This guy Lewis Schaffer…” he started.

Comedian Lewis Schaffer…” Lewis Schaffer corrected him.

“Say he’s another American,” I suggested, “because then they get two Americans having a go at each other.”

“… another Yank…” said Will, “says I owe him…”

“We can just ‘Yank it up’,” laughed Lewis Schaffer.

“£50?” asked Will.

“£42,” said Lewis Schaffer. “And this Lewis Schaffer guy is angry. And he wants to embarrass me.”

“You both want to embarrass each other,” I suggested. “Do they know about the cross-dressing? Do they know about Sarah?”

“When he was on the phone,” explained Will, “he said Sarah. Well, that’s obviously not your REAL name and I thought: Well, this is some guy who’s not into the PC thing!

“Your angle,” I suggested, “is that Lewis Schaffer was the only guy at the Edinburgh Fringe in August who did not call you Sarah and that really annoyed you.”

“I could ask for damages,” said Will. “I owe Lewis £42 but I want £1,000 from him for emotional damages.”

“But,” said Lewis Schaffer, “there isn’t a pool where one of us will get the money.”

“I don’t know,” said Will, “I’ve never watched the show.”

“Maybe we should ask for £250,” said Lewis Schaffer, “and we split the money.”

“They don’t pay you the £250,” said Will. “They expect me to pay you.”

“No they wouldn’t,” Lewis Schaffer told him. “They can’t. It’s not a court. It’s a TV programme.”

“It’s not a court?” asked Will.

“It’s not a court,” said Lewis Schaffer.

“How about £242?” suggested Will. “That sounds more believable.”

I said: “Keep it simple. He hates you because you owe him money. You hate him because he didn’t call you Sarah.”

“Exactly,” said Will. “We could use this as a showreel. These two guys dicking around in McDonalds with John Fleming hatched a plot…”

I said: “Two comedians. Two Yanks. They’re both vocally fluent. They’re bitching at each other. And one is in a dress. The TV people will love it. If you say ‘trans-genderism’, they’re going to have an orgasm on the spot. They’ll go for it.”

And they did.

Will sent the e-mail.

The Judge Rinder producers arranged the recording date for the following week in Manchester.

…CONTINUED HERE

Lewis Schaffer (right) with his arms round Will Franken at St Pancras station

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