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| Version 3 | Version 4 |
|---|---|
| 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. |
| After the hearing, Mr Livingstone praised the judge's "incredibly sensible judgment" | |
| "It brings a lot of common sense to approaching the balance between freedom of speech and the various roles of the authorities in all of this," he said. | "It brings a lot of common sense to approaching the balance between freedom of speech and the various roles of the authorities in all of this," he said. |
| The mayor likened journalist Oliver Finegold to a Nazi camp guard as he left an event at City Hall in February. | The mayor likened journalist Oliver Finegold to a Nazi camp guard as he left an event at City Hall in February. |
| Surprising as it may perhaps appear to some, the right of freedom of speech does extend to abuse Mr Justice Collins | 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". |
| Test failed | Test failed |
| "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". | He said that the panel had applied a test which "failed to recognise the real distinction between the man and the office". |
| Inappropriate comments | Inappropriate comments |
| The decision to suspend the mayor for four weeks over the comments was also "clearly wrong", he added. | The decision to suspend the mayor for four weeks over the comments was also "clearly wrong", he added. |
| But Mr Justice Collins stressed the judgement did not indicate he thought the comments were appropriate. | But Mr Justice Collins stressed the judgement did not indicate he thought the comments were appropriate. |
| "They clearly were not. His initial question, 'Were you a German war criminal?', was obviously intemperate. | "They clearly were not. His initial question, 'Were you a German war criminal?', was obviously intemperate. |
| "He should have realised it would not only give great offence to him, but was likely to be regarded as an entirely inappropriate observation by Jews in general, and those who had survived the Holocaust in particular," he said. | "He should have realised it would not only give great offence to him, but was likely to be regarded as an entirely inappropriate observation by Jews in general, and those who had survived the Holocaust in particular," he said. |