I have been following the Nadine Dorries saga for a while now, and have participated mostly by re-tweeting when others had made a good point, writing to the Bedfordshire on Sunday whenever they have been particularly partisan or snivelling, and, crucially, voting for her opponent in the general election (which I’m sure many of you wish you could have done). This is my first blog on the subject.
This morning my MP posted a particularly idiotic piece in praise of BBC impartiality. I will come back to that subject. But on the way she finally came out and made direct allegations against Tim Ireland, who writes at @bloggerheads, and described the actions she took.
In doing so she lied. This may come as a shock to those who might expect better of an MP, although not to anyone who knows Ms Dorries. Those lies have now spilled over into my domain, criminal law, so I thought I’d get in there first with this. Here is part of the offending, and offensive, blog:
I have reported Tim Ireland to the House of Commons police on three occasions and the Chief Constable of Bedfordshire Police explored the option of triggering section 5 of the Public Disorder Act.
Let’s take that short passage.
1) Ms Dorries has made this claim about reporting Tim Ireland to the House of Commons police before. She has been challenged to provide crime reference numbers* to prove the complaints. So far she has ignored these calls.
That, you might say, is not enough to accuse her of lying. Then let us consider that Tim Ireland has said on numerous occasions that he has had no contact from the Police in connection with these complaints, and as he points out the idea that so serious a complaint had been made and advice given** without any action being taken is nonsense. As a criminal practitioner of 10 years experience, I agree entirely with Tim in that.
2) The Chief Constable of Bedfordshire Police did not explore the option of triggering section 5 of the Public Disorder Act. I can state this with absolute certainty for two reasons. 1. There is no such thing as the Public Disorder Act. There is the Crime and Disorder Act 1998 [CDA], there is the Public Order Act 1986 [POA]. But no Public Disorder Act.
Section 5 of the CDA extends various powers to local authorities, it does not create an offence and has nothing to do with Chief Constables. So let’s rule out ‘triggering’ that.
Section 5 of the POA does create an offence. Let’s be charitable to Ms Dorries and assume that is what she meant. The section reads as follows:
5 Harassment, alarm or distress.
(1)A person is guilty of an offence if he—
(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
This offence is punishable only by a fine, the maximum being £1,000.
So on to 2.
2. s5 POA is amongst the most minor criminal offences on the statute book. It is often described by lawyers as ‘drunk & disorderly without the drink’ or my preferred definition, ‘using naughty words in the street’.
If an MP complained to a Chief Constable about being harassed to the extent that Ms Dorries complains about Tim Ireland, one would hope that that senior officer might suggest one of the offences under the Protection from Harassment Act 1997, offences which not only carry prison sentences but which can then be followed up with a restraining order.
But no, according to Ms Dorries the suggested remedy is to charge the individual with the most minor offence conceivable for which he cannot be imprisoned and which carries no disincentive to him to continue his campaign of terror***.
This is the legal equivalent of saying “I showed my GP a gaping hole in my skull and he advised me to take some aspirin”. The suggestion is so laughable that I have no doubt but that the whole episode was invented.
So there it is. My two pennies. If you didn’t already know, Nadine Dorries is a liar and unfit to hold public office.
—————————————
* A crime reference number is a unique number given to any victim of crime at the point of their first complaint. It serves to identify the investigation, can be used by insurance companies to ensure that offences have been reported and is proof that a complaint has in fact been made. By refusing to disclose these numbers Ms Dorries brings her own complaint into doubt.
** http://www.bloggerheads.com/archives/2010/10/exposing-nadine-dorries/
*** “Tim Ireland’s Campaign of Terror” is now copyrighted. If Ms Dorries wants to use it she is welcome to contact me.
Your point viz section 5 is well made. If the Police (read the CPS) were considering charges, I suspect of all sections of the act it would have been 4a – which covers planned events, rather than s5 which is a bit of a catch all for disruptive unpleasant behaviour on the spur of the moment.
Leave aside that Mrs Dorries is a fantasist – she must now have the whip withdrawn by the Conservative party.
Comment by jimh76 — October 28, 2010 @ 8:56 am |
Isn’t it more correct to say that initially, you are provided with an incident/log number? If an investigation proceeds, then you are provided with a crime reference number.
Thanks for the post, BTW.
Comment by Tim Ireland — October 28, 2010 @ 9:13 am |
That’s probably right, i understand that different forces use different procedures. Either way, as you have pointed out many times before, this is a very easy way for her to demonstrate that her story is true which she has pointedly failed to do.
Comment by Gaijin-San — October 28, 2010 @ 11:08 am |
Tim
As a police officer I can tell you that for all forces, if a criminal matter is alleged it will be logged, and initial enquiries carried out. If on the balance of probabilities (ie. 50/50), no offence has occurred, then no crime is recorded.
If on the B.O.P an offence HAS occurred then it will be recorded as a crime and issued with a crime number. At this point a full investigation will take place and there are various outcomes. The most common are that the matter is filed as undetected (we don’t know who did it, or we can’t get hold of them) , or detected with an offender identified (we do know who did it and he was brought to justice or we wrote it off to them under specific Home Office rules [being dead for example] ).
Or finally that the investigation shows strong evidence that NO offence actually occurred, and the matter is changed to “no crime”
In all cases the crime number will remain in existence.
Comment by Joe Mac — November 2, 2010 @ 12:14 am |
Don’t forget Ms Dorries comment about Tim Ireland being known to a law firm ‘for other reasons’. Those who have followed Tim’s story know the truth of that statement (serious false accusations were made against Tim and he has been trying to clear his name ever since) but Ms Dorries leaves out the details to let a negative insinuation hang in the air.
Comment by Myles Winstone — October 28, 2010 @ 9:30 am |
Dorries has made this assertion on her blog. By her own admission, 70% of her blog is fictional. Ergo, the balance of probability is that her allegations about Tim Ireland are fictional.
Comment by Richard Lawson — October 28, 2010 @ 10:29 am |
excellent post. I have been parodying the outpourings of Dorries for weeks now, but frankly, it’s getting harder. Every time she posts on her blog, Tweets, or appears in the media, she comes across as even more ludicrous than before. Her manifest incompetence is not criminal, but her repeated use of lies, smears, and dirty tricks mean she should be in court, not the HoC.
Comment by @fulhammatty — October 28, 2010 @ 11:15 am |
[...] Tim would have been called to account? The details are also vague and inaccurate, as legal blogger Gaijin-San notes: there is no “Public Disorder Act”, and the provisions of similarly-named real Acts she [...]
Pingback by Dorries’ Smears Continue: Who Are the “Other MPs” She Claims Have Reported Tim Ireland to Police? « Bartholomew’s Notes on Religion — October 28, 2010 @ 12:04 pm |
I suspect “the Chief Constable of Bedfordshire Police explored the option” is Dorries speak for “I cornered the CC at a drinks do and ranted about Tim. I can’t remember what he said but I’m sure he said something. He definitely nodded at one point. Public Disorder Act rings a bell for some reason. Near enough.”
Comment by Jimmy — October 28, 2010 @ 12:54 pm |
“I have been parodying the outpourings of Dorries for weeks now, but frankly, it’s getting harder.”
I know exactly what you mean. I’ve been putting up sidewiki ps’s on her blog for a couple of weeks but this last one just defeated me.
Comment by Jimmy — October 28, 2010 @ 2:40 pm |
Now I think about it, if she has been to the police, more than once with spurious claims of stalkers, then the act of most interest will surely be Section 5(2) of the Criminal Law Act 1967. I wonder if this thought has occurred to the Chief Constable of Bedfordshire, soon to retire (especially given Mrs Dorries’ vocal calls in October 2007 for her to resign)
Comment by jimh76 — October 29, 2010 @ 9:50 pm |
[...] Nadine Dorries is a Liar and Unfit to Hold Public Office « The law, as seen from the cheap sea… [...]
Pingback by Hiring A Michigan Dui Lawyer|New York Mesothelioma Lawyers — October 31, 2010 @ 8:09 am |
Please can you tell me why Cameron is ignoring Dorries claims; and why the so called “other” MPs.
Dorries words—of Tim Ireland—your inappropiate level of intense attention as were other MPs you harassed before me !! why are they not “backing her claim” ? Again Dorries words — reported Tim Ireland to the House Of Commons Police ( are we to believe Cameron is not aware of this?) I mentioned on another blog that I was present when Dorries told an outright untruth so I approached her: she became hysterical BUT also I felt someone who is VERY crafty as even in hysteria she made it look as if I had “imagined” what she said. I also had other people present who looked on, lost for words at her reaction.
Having experienced this I would say Tim Ireland has every right to take this matter further.
Comment by Nana\Liverpool — November 11, 2010 @ 4:44 am |
I wish I could. It seems to me she’s just another Phil Woolas waiting to happen.
Comment by Gaijin-San — November 11, 2010 @ 5:46 am |