The Daily Telegraph

Judge who cleared IDS cone activists was taken to task over political remark

Chief magistrate was given formal advice after seeming to endorse Palestinia­n cause in previous hearing

- By Charles Hymas HOME AFFAIRS EDITOR

THE chief magistrate who cleared the protesters accused of threatenin­g Sir Iain Duncan Smith has previously been officially rebuked for appearing to endorse a political cause.

Paul Goldspring, chief magistrate and a senior district judge, cleared a man accused of assaulting the former Tory leader by “slamming” a traffic cone on his head and two other protesters who were alleged to have threatened and abused Sir Iain.

Tory MPS were “astonished” at the judgment which, they said, sent out a message that politician­s were now “fair game”. “Seemingly you can now walk down the street screaming abuse at a politician, and your right to protest trumps their right not to be intimidate­d. No matter how threatenin­g the behaviour of protesters is, no action will be taken against them,” said one senior Tory MP.

Mr Goldspring said the case against two of the protesters centred on their use of the phrase “Tory scum” as they followed Sir Iain, his wife and her friend along Portland Street in Manchester.

The chief magistrate said using that phrase in the context of them following Sir Iain was “both insulting and pejorative, and I don’t accept that that wasn’t their intention”.

But he accepted that this behaviour was “reasonable” in the context of Articles 10 and 11 of the Human Rights Act, the rights to freedom of expression and freedom of assembly and associatio­n.

He said: “The courts do not criminalis­e free speech. The Crown has not shown me it is proportion­ate to criminalis­e those words.”

However, it has emerged that Mr Goldspring was previously rebuked for making politicall­y contentiou­s comments during a previous court hearing.

The Judicial Conduct Investigat­ions Office (JCIO) issued “formal advice” to Mr Goldspring after he “gave the impression that he endorsed” the Palestinia­n cause in one of his judgments.

It followed a private complaint from a Jewish activist in December 2021.

The JCIO said Mr Goldspring’s conduct had “fallen below the standards expected”, acknowledg­ing that support for Palestine was a “contentiou­s political cause”. It added that the Lord Chief Justice and Lord Chancellor “took into account… the judge had accepted his remarks were capable of giving such an impression and had expressed regret”.

It stems from Mr Goldspring’s comments to Feras al-jayoosi, who wore Hamas and Islamic Jihad T-shirts in Golders Green in June 2021, saying that while his support for the Palestinia­n cause was “worthy”, his backing for political violence was not.

Mr Goldspring was appointed as chief magistrate in February last year.

Newspapers in English

Newspapers from United Kingdom