In a bizarre hearing in Court Two of Stratford Magistrates’ Court earlier today, District Judge Jane McIvor opined that a restraining order is unlawful whilst at the same time stating the matter is beyond her jurisdiction. Judge McIvor de facto ruled that the restraining order is unlawful, in ‘judgement’ that was de jure unlawful itself.
The hearing concerned the case of the Reverend William Campbell-Taylor, a City of London politician, and ‘Mr X’, a vulnerable male who cannot be named. Both gentlemen were present in court today. Mr X was represented by Mr Payne.
Revd Campbell-Taylor addressed Judge McIvor himself, in company with Mr Miebai of the Crown Prosecution Service; Revd Campbell-Taylor was joined by his brother (acting as a McKenzie Friend), the solicitor Rod Campbell-Taylor. Revd Campbell-Taylor’s wife, the American photographer Kristin Perers sat in the public gallery.
Mr Payne said, “There are no written reasons on the court file as to why the restraining order was imposed.” (10:12 am)
Mr Miebai said, “I concur with my friend … there is no record on the court file as to why the restraining order was required.”
Judge McIvor said, “The original decision [to impose a restraining order] was wrong.” (10:31)
Judge McIvor said, “I can’t review that order because I am not an appellate court.” (10:32)
Mr Payne said, “The order should never have been imposed in the first place, and, it’s no longer necessary.” (10:38)
Judge McIvor said, “I’m of the view that there should be an examination of the imposition of the order in the first place.” (10:43)
Judge McIvor said, “There is a right to appeal to the Crown Court on the imposition of a restraining order.” (10:44)
Revd Campbell-Taylor said, “I had hoped to find a resolution today.” (10:46)
Judge McIvor adjourned the case to Tuesday 18 October at Thames Magistrates’ Court, for a half-hour hearing at 1:30 pm.
It is probable that the case will now proceed to an Appeal before a Crown Court (i.e. a Crown Court judge and two lay magistrates).
Adjourning the case, Judge McIvor said the: “…applicant (Mr X) seeks leave to appeal out-of-time against the imposition of a restraining order.” (10:53)