Tuesday, 9 December 2008

The Heretical Two: Update

The Heretical Two. The Story So Far..

Prosecution of the Heretical Two. Simon Sheppard was found guilty on Friday July 14, 2008 of ten counts of ‘race hate’ - all relating to internet publishing posted on servers in the U.S.A. Stephen Whittle (Luke O'Farrell) was found guilty on four counts also relating to internet publishing. The case having many analogies with the (failed) extradition hearings in London for Dr Toben's deportation for trial in Germany for ‘holocaust denial’, as both involve the right of countries to extend their jurisdiction over other nations in ‘criminal’ matters relating to the internet contrary to previous practice. Simon's remaining eight charges were to be considered by the jury on the following Monday.

These relate mainly to printed material on which the jury was unable to reach a decision. However, the authorities neglected to take their passports and they left over the weekend for Ireland, then flew to Los Angeles International Airport (LAX) and surrendered to officials in order to seek political asylum in the U.S.A. The law over internet publishing in the UK has been reinterpreted without debate to end freedom of speech on the internet, presumably acting on the orders of their masters in the EU and the Heretical Two were facing the imminent prospect of lengthy prison sentences.

They are currently being held under the Department of Homeland Security (DHS) System at Santa Ana Jail, P.O. Box 22003, Santa Ana, CA 92701, USA. Simon's prison number is 0800006404 and Stephen's number is 0800006408. Please write, but do not place return address stickers on envelopes; all labels are removed and they would be unable to reply. They can only send two replies per week so would like to thank the many people who have already written with messages of support - please keep writing, as it all helps. Also they would like to thank those who contribute to the defence funds. The first immigration court session was held on September 17 with Bruce Leichty as defence attorney. The judge claimed that she did not have the power to release the Heretical Two under the defensive procedures adopted by the US authorities. The 'asylum-only proceedings' for the Heretical Two was heard by immigration judge, Rose Peters, on October 14.

The move by their attorney to get them released before the ruling on asylum was denied by the judge, whose reasoning appeared contradictory. At the ‘calendar meeting’ of the immigration court on Thursday 13 November - the judge set the merits (main) appeal for three afternoons in blocks of four hours from 2 pm on March 10, 12 and 24 of 2009. It therefore looks very likely that the H2 will spend at least another 4 months in prison in the USA for activities in America which the British government now deems to be crimes, i.e. exercising the right to free speech, but which ironically are not held to be crimes under American law.

Simon's retrial on the outstanding eight charges is being held in his absence, as the British government is not prepared to wait for the outcome of the political asylum proceedings in the US. The trial commenced on Monday December 8 at Leeds Crown Court and is expected to last approximately two weeks.


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