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Mayor wins appeal over Nazi jibe Mayor wins appeal over Nazi jibe
(20 minutes later)
Ken Livingstone has won a High Court appeal against a finding that he brought his office into disrepute over comments made to a Jewish journalist.Ken Livingstone has won a High Court appeal against a finding that he brought his office into disrepute over comments made to a Jewish journalist.
The mayor was found guilty of being "insensitive and offensive" to Evening Standard reporter Oliver Finegold by the Adjudication Panel for England.The mayor was found guilty of being "insensitive and offensive" to Evening Standard reporter Oliver Finegold by the Adjudication Panel for England.
But Mr Justice Collins said the panel had misdirected itself.But Mr Justice Collins said the panel had misdirected itself.
The judge said that while the mayor should have apologised he had the right to freedom of speech.The judge said that while the mayor should have apologised he had the right to freedom of speech.
The mayor likened the journalist Oliver Finegold to a Nazi camp guard at an event in February.The mayor likened the journalist Oliver Finegold to a Nazi camp guard at an event in February.
Surprising as it may perhaps appear to some, the right of freedom of speech does extend to abuse Mr Justice Collins
At the hearing on Thursday, Mr Justice Collins described the mayor's comments as "unnecessarily offensive" and "indefensible".At the hearing on Thursday, Mr Justice Collins described the mayor's comments as "unnecessarily offensive" and "indefensible".
But he stressed that the mayor had the right to freedom of speech in a democratic society and to express his views within the law "as forcibly as he thought fit".But he stressed that the mayor had the right to freedom of speech in a democratic society and to express his views within the law "as forcibly as he thought fit".
Distinction not recognised
"Surprising as it may perhaps appear to some, the right of freedom of speech does extend to abuse," he said."Surprising as it may perhaps appear to some, the right of freedom of speech does extend to abuse," he said.
The judge said although the panel had been entitled to conclude the Nazi jibe brought the mayor into disrepute, he was not persuaded the office had also been brought into disrepute.The judge said although the panel had been entitled to conclude the Nazi jibe brought the mayor into disrepute, he was not persuaded the office had also been brought into disrepute.
He said that the panel had applied a test which "failed to recognise the real distinction between the man and the office".
The decision to suspend the mayor for four weeks over the comments was also "clearly wrong", he added.