Judge who upheld Julian Assange's warrant questioned over links to security services

Julian Assange's supporters are questioning the integrity of the judge who upheld his UK arrest warrant, accusing her of being influenced by the British authorities and the secret service.

Earlier this week, Judge Emma Arbuthnot rejected arguments presented by Assange’s legal team over why he breached bail conditions by seeking political refuge at the Ecuadorian embassy in 2012.

Judge Arbuthnot said she rejected the activist's request to have his warrant dropped out of fear that he could be extradited to the US, where he would face espionage charges. Since there is no extradition treaty between the UK and Ecuador, Assange cannot be arrested inside the embassy’s grounds.

After the ruling, the judge’s familial connections were brought into question by Assange’s supporters, some of whom insist she is linked to the establishment, as well as the UK’s security services.

Arbuthnot’s husband - and ex-Conservative MP - Baron James Arbuthnot is listed as a former director of Security Intelligence Consultancy SC Strategy Ltd. The other two listed directors are former Head of MI6, Sir John Scarlett and Lord Carlile.

The connections have outraged Assange supporters, who insist the legal system is stacked against the man that leaked evidence against the US, as well as former Secretary of State Hillary Clinton during the 2016 presidential election.

Fans of Assange took to Twitter to express their outrage.

Former British Ambassador Craig Murray posted the judge's connection on his website and accused the media of spreading fake news for not pointing out the connection.

“If anybody thinks the Assange case had anything to do with justice, they are very mistaken," Murray wrote.

Carlile and Scarlett formed the company SC Strategy in 2012, with their most prominent client being Qatar’s sovereign wealth fund.

Liberal Democrat peer Carlile told the Guardian his company provides confidential advice to several clients from around the world. In October 2013, confidential documents released by whistleblower Edward Snowden listed Carlile as part of GCHQ’s strategy of “talking heads,” advocating for the agency ahead of a key report on the use of intercepted evidence in court cases. Carlile later argued that Snowden’s revelations amounted to a criminal act.

Handing down her judgment at Westminster magistrates court, Senior District Judge Emma Arbuthnot said: “I find arrest is a proportionate response even though Mr. Assange has restricted his own freedom for a number of years."

“Defendants on bail up and down the country, and requested persons facing extradition, come to court to face the consequences of their own choices. He should have the courage to do the same. It is certainly not against the public interest to proceed," Arbuthnot added.

    

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Cyclist 38 Dies After Being Hit By A TfL Licensed MiniCab On Goswell Road

http://www.islingtongazette.co.uk/news/cyclist-38-dies-days-after-goswell-road-crash-1-5602862

Cyclist, 38, dies days after Goswell Road crash.

A 38-year-old cyclist who was hit by a car in Goswell Road in the early hours of Friday has died today, police have said.

The man’s bike collided with the vehicle at the junction with Percival Street at 12.20am. He was left in critical condition and had spent the last five days in hospital.

The driver of the car stopped at the scene and has not been arrested.

Anyone who can help officers in their investigation can contact the Serious Collision Investigation Unit at Alperton on 020 8991 9555and quote CAD 97/6Jul.

Officers are particularly keen to hear from anyone who saw the crash and has it on camera.

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Exclusive : Sean Paul Day's Complaint to Judicial Conducts Investigation Office

Below is Sean Paul Day's letter of complaint to the Judical Conducts Office.

Why is it that again, an ordinary rank and file working driver has had to do what drivers are paying their respective orgs to do. 

I’m writing amidst the growing concern over what appears to be a conflict of interest where certain political affiliations might be construed as showing favour in respect of a particular company,  undermining the Chief Magistrate’s impartiality in two cases.

 

Senior District Judge (chief magistrate) Emma Arbuthnot oversaw proceedings at Westminster Magistrates court on the 6th July 2018 and Reading Magistrates Court on the 10th July 2018. The first case was brought by Uber as a matter of  appeal under the Private Hire Vehicles Act 1998 and by Reading Council in a case to determine if a driver using the Uber ‘model’ on the dates given was Plying for Hire? Both cases can be found here 

 

Case 1

https://is.gd/mFN22t

 

Case 2

https://is.gd/UuR5mA

 

The conflict arises due to Magistrate Arbuthnot’s marriage to Baron James Arbuthnotand his friendship with the former PM David Cameron. Cameron’s close relationship with individuals working for Uber in marquee positions is well documented. This is further evidenced by Uber’s close links with  the previous administration at Number 10 & 11  who now enjoy financially rewarding positions with companies who invest heavily in Uber Technologies Inc. Cameron also nominated James Arbuthnot as a Life Peer in the Dissolution Peerages List 2015 of August 2015. The concern is that JamesArbuthnot’s closeness to the former PM might compromise Magistrate Arbuthnot’s ability to apply discernment in cases involving Uber. The concern is legitimately heightened on learning the same Magistrate has presided over a second trial involving Uber and both times Magistrate Arbuthnot has ruled in Uber’s favour. 

 

Without considering the merits of both cases in detail the conflict of interest was compounded on during the Reading verdict when Judge Emma Arbuthnot on Page 4, section 14 (how the app works)…in her summary stated that it was the driver who accepts the job and only then Uber makes the booking. This is illegal act that contravenes  legislation laid out as part of the 1998 PH Regulations.

 

TfL Operator License explicitly state in their terms that a Private Hire booking can only be accepted by a licensed operator at their registered operating centre.. There is a specific duty on private hire operators to keep certain records of their operation. These include booking records which must include ‘the main destination specified at the time of the booking’ (paragraph 4(d) of the PHV (London) (Operators’ Licence) Regulations. To disambiguate, the defining characteristic of a PHVs is that it must beaccepted through an operator. The Act also references  that no person other than a Private Hire Operator (PHO) shall make provision to accept a booking.  

 

No person shall in London make provision for the invitation or acceptance of  Private hire bookings unless he is the holder of a Private Hire Operators license for London (In this Act, referred to as London is PHV operators license

 

A  person who makes provision for the invitation or acceptance of Private hire bookings or who accept such a booking in contravention of his section is guilty offence and liable  on summary conviction to a fine not exceeding level four or standard style.

 

The statutory structure/definition is referred to frequently by TfL and was referenced in the legislative provisions before Justice Ouseley. 

 

CITATION Number: [2015] EWHC 2918 Admin Case No: CO/1449/2015. 

 

Conversely, at the earlier trial on the 6th, Magistrate Arbuthnot was unhesitant in her acceptance of an explanation that Uber had altered its app, and was now equipped with a feature informing the user that the booking had been accepted by Uber London LTD (ULL). Only afterwards is the user linked with a driver. If this is the case, and as yet there is no evidence to suggest it has been altered,  the app would now comply with current legislation. 

 

This I starkly inconsistent with  ‘the driver accepts...then uber confirms the booking…‘nevertheless, Arbuthnot ruled that his actions did not constitute plying for hire. Itshould be noted also that Uber do not hold a PHO licence in Reading. 

 

The case holds gravitas as a ruling either-way could detrimentally impact on the lives of tens of thousands of sole traders and their families. It would also elevate a corporate entity to a position that resides above the law of the land. The concern here, is that a certain ruling will be used to determine future  Government policies which are relevant to both cases.

 

Whilst the complexity of the issue  – such as what constitutes a Hackney Carriage- cannot be understated and until such clarity can be addressed in the Courts, it would be easy for perspicacity to prevail and weight the trial in favour of vested interests. A seismic shift culturally, in the way we move about has implications that reach far beyond taxi and minicab rivalries, and a Magistrate influenced  by a conflict of interest could prove to be a very dangerous one

 

I trust the matter will be looked in to. 

 

Yours Faithfully

Sean Paul Day

London Taxi Radio

 

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