Posthumous Appeal
In January 2004, a posthumous appeal (Hammond v Director of Public Prosecutions) on the basis of the Human Rights Act failed. A two-judge panel, Lord Justice May sitting with Mr Justice Harrison, at the High Court in London, was told the sign caused a furore as a group of 30 to 40 people gathered round. Hugh Tomlinson, QC, appearing for Hammond’s executors, said: “He (Hammond) was subjected to a number of assaults. Soil was thrown at him and water poured over his head. Someone tried to seize the sign and he was knocked to the ground."
The justices were of the opinion that the words on the sign were insulting and caused distress to persons who were present and that the defendant was aware of that fact. The judges ruled that that Hammond's behaviour "went beyond legitimate protest" and that Hammond's right to freedom of expression under section 10 of the European Convention on Human Rights was constrained by a legitimate concern to prevent disorder and that there was a pressing social need for the restriction.
A further appeal to the European Court of Human Rights was dismissed.
Read more about this topic: Harry Hammond
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