David Jones MP for Clwyd West has accused the writer of putting untrue and defamatory in formation about him on line. The writer was arrested and bailed for around eight weeks in order that the CPS can decide whether there is a case to answer or not.
The writer has only ever published information that he believes is true and had been in the public domain for sometime.
The charge against the writer under http://en.wikipedia.org/wiki/Representation_of_the_People_Act_1983 is that he published untrue and defamatory information on line during an electoral period about Mr Jones which could damage his chance of being elected.
More importantly this is the section for which the writer is being accused:
False statements as to candidates
Section 106 makes it illegal to publish any false statement of fact in relation to the candidate’s personal character or conduct, unless he can show that he had reasonable grounds for believing that statement to be true. It is also illegal to publish a false statement of a candidate’s withdrawal from an election.
please also see the following link and more importantly section 11: 21.org.uk/2015/04/30/twelve-reasons-why-the-lutfur-rahman-judgment-should-worry-you/
11. Nor does the law, really. Even over free speech.
Section 106 of the Representation of the People Act 1983 (the one about false statements on the personal character of opposing candidates) is meant to apply specifically to official election campaign periods only. There is a reason for this – we have robust libel and defamation laws already (too robust in the eyes of many) and protected free speech on part of the European Court of Human Rights. Section 106 represents an additional infringement on that, which is only justified within tight boundaries to ensure free and fair elections.
Mr Jones has been accused by the writer of being an author/contributor to the now defunct troll blog ‘Thoughts of Oscar’ please see the below article.
The writer had obtained evidence from various sources supporting his accusation that Mr Jones was in fact involved with the afore mentioned blog, (this has even been reported in the national media), non more so than the recorded admission of Mr Jones’ long term business partner Dylan Moore where Mr Moore clearly states that Mr Jones had in fact contributed to the blog on a regular basis, please refer to www.victimsofoscar.com. where you can listen to the original recordings.
The writer can support with concrete evidence everything he has ever stated about Mr Jones.
The Writer has bail conditions restricting him from posting any ‘insulting slanderous or inflammatory material directed at or concerning political figures or persons previously named by the writer linked to the ‘Thoughts Of Oscar Blog’. This is something the writer has been accused of doing but never has.
The writer has campaigned and will continue to campaign on behalf of the victims of Oscar, North Wales Police to act against the previously mentioned blog and its authors, North Wales Police continue to refuse to act despite years of hateful material aimed at many many people.
Business associate of former Welsh Secretary David Jones was involved in ‘vicious’ local blog, claims Guto Bebb MP
11:37, 10 September 2014 By David Williamson
“The Aberconwy MP used a Commons debate to launch an attack on the website ‘Thoughts of Oscar’
Aberconwy MP Guto Bebb last night told the Commons there was strong evidence that a business associate of former Welsh Secretary David Jones has been involved in a “vicious and nasty local blog”.
The Conservative MP also raised the possibility of North Wales Police “collusion” as he blasted the blog ‘Thoughts of Oscar’.
Speaking in the Commons, he said: “Over the years the site has harassed, abused, libelled and generally targeted a series of individuals, businesses, council officials and local councillors. Now, all of this, as would be expected, has been done behind the cloak of anonymity whilst claiming the moral high ground of being the purveyor of free speech.”
Nigel Roberts, from Llandudno, insists he is the sole author of the blog, which he has now closed.
Mr Bebb said that when people took their complaints to North Wales Police they were told there was nothing that could be done.
He attacked the lack of action by North Wales police as a significant failure but raised wider concerns.
He said two constituents, who he said had been subject to abuse on the blog and who represented local businesses, gave him evidence collected by a private investigator from Lewis Legal, a North Wales-based evidence-gathering service.
The investigator had traced pictures and other content to a dwelling in Deganwy and a solicitors’ practice in Trinity Square, Llandudno.
Mr Bebb said three names were identified by the private investigator.
He described how he met with Michael Naughton of Lewis Legal who said he was confident on a scale of 10 out of 10 that businessman Nigel Roberts and Dylan Moore – a solicitor at David Jones solicitors – were involved.
He gave an “eight” to describe how sure he was a third, unnamed, individual was involved.
Mr Bebb added that Mr Naughton told him that within 20 minutes of visiting the premises of Mr Moore and Mr Roberts he received a phone call from North Wales Police asking why he had done so. He was advised that the blog was being monitored and he should leave the matter to the police.
Mr Bebb said “vitriolic” attacks had also been made on Montgomeryshire Conservative MP Glyn Davies and Clwyd West AM Darren Millar had also been targeted.
The MP said the “turning point” came this summer when the site published “libels” that were reported elsewhere about his stance on Israel.
He said he received threatening messages and, with five children at home, contacted North Wales Police to seek advice on what precautions he should take.
Legal action against the anonymous site was impossible, he said, and neither Google nor Twitter were cooperative.
Mr Bebb added that, according to a constituent, in a 2010 court case information appeared on the website that could have prejudiced a trial. The judge sought assurances from North Wales Police that the material would be removed; within two hours these assurances were provided.
The MP asked why if North Wales Police had been able to speak to the website’s authors similar support had not been provided to constituents who had brought concerns about abuse.
He said the force had questions to answer when the speed at which it responded to the visit by the private investigator was taken into account.
Mr Bebb said he would be “distraught” if it was the case that North Wales Police did nothing because the site was given a degree of protection.
He said the “question of collusion” was left “hanging over this entire sordid affair”.”