BC LEGAL
Saved by @Mollyycolllinss

New in the Industrial Law Journal "Belief vs. Action in Ladele, Ngole and Forstater" by Professor Robert Wintemute, Kings College London

https://t.co/jNYucKvKKa

 Wintemute asks "Did the Employment Tribunal correctly distinguish the claimant’s belief from hypothetical (speculative, future) harmful action that might involve
discrimination against, or harassment of, a transgender co-worker or customer? "
He considers the case of Ladele - a registrar whose religious belief meant she would not conduct same sex weddings - her belief could not be accommodated, because she had chosen to act on it in a way that caused harm to others.
And Ngole, a student social worker who won his case " I never advocated any hate...towards people who are in same sex relationships. ... I never stated that people in same sex relationships should be treated differently.."
Wintemute notes "Ms Forstater was not dismissed because of her treatment of any transgender person, such as a co-worker or a customer of her employer..but because of her co-workers’ intolerance of her unfashionable (to them) belief that, in some situations, sex matters"
"The Employment Tribunal noted her statements (on Twitter and to the Tribunal) that her belief would generally not be translated into action, especially in her workplace"
"Despite her stating that she would generally be polite and kind, the Employment Tribunal was concerned that Ms Forstater might harass a transgender person in the workplace, even though there was no evidence that she had ever done so"
The Tribunal merged hypothetical harmful action into M Forstater’s belief despite the absence of any evidence that she had failed to respect the dignity in the past, and despite the evidence that she would generally respect the dignity in the course of her employment
The Tribunal then described this hypothetical action (‘refer[ring] to a person by the sex she considered appropriate’) as a ‘core component of her belief’, which made her belief ‘not worthy of respect in a democratic society’
Wintemute concludes "If the ET had correctly made the essential distinction between belief & action, without merging hypothetical harmful action into Ms Forstater’s belief, it would have concluded that her belief is ‘worthy of respect in a democratic society’."
"Whether one agrees or disagrees w Ms Forstater’s belief in two immutable biological sexes, her belief can hardly be put at the same level as Holocaust denial or incitement to violence. "
The ET erred in law by distorting the 5th Grainger criterion, w the effect of sweeping into the ‘not worthy of respect’ category any belief that some persons might find ‘offensive’ & therefore consider harassment, if (hypothetically) it were expressed directly in the workplace.

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Counter-claim - when the defendant in a case “counter-sues” the plaintiff. So in this case JD is the plaintiff, AH is the defendant, she has counter-sued JD - in layman’s terms that’s her saying ‘you sued me, so I’m going to sue you!”. 🙄

AH’s counter-claim is actually rather poorly drafted (IMO!) and, to quote AH herself is “very dramatic”. It contains very little in the way of valid case law (see my video on caselaw) to support her claims and, to me, actually does read like someone throwing a tantrum!

Her counter-claim, when you cut through the crap, seeks: Declaratory Judgment, seeks to pursue a defamation claim against JD, and to pursue a claim against JD under the Virginia Computer Crimes Act (“Bot-Gate”)

So… Declaratory Judgment. This duplicates the Anti-SLAPP immunity that AH has included in her Defence so this part of the counter-claim DUPLICATES an argument she has already made. The Judge decided that Declaratory Judgment was not appropriate.

So the issue she sought to resolve with the DJ is already being dealt with in her Defence & will be dealt with at Trial… which is what the Judge means when he said to hear her Defence and her counter claim for declaratory judgment would be to hear the same issue twice.
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TW:/ Rape,Child Abuse,Violence
One Year & No Justice For Little Girl?,A Thread

For Some Reason,People Protest Against The "Safari" Rape In Maldives Went Worldwide. How About The 3 Year Old Girl Child? That's What The Rape Crisis In Maldives Begains.

#NoJusticeNoMaldives

The police, on 17th Jan 2020 , arrested two of three suspects accused of raping a two (Now Three) -year-old child in Southern Maldives.

The suspects were arrested in the afternoon, and were identified by the police only as a 62 (63) -year-old male and an 81 (82) -year-old male


Local residents who spoke to Sun confirm the men were the grandfather and great-grandfather of the victim.

The grandfather works as a muezzin at the island’s mosque, and had been previously accused of sexual abuse of children, said one local.

The child’s father had also been accused of involvement in the rape.

However, the police, in a statement on Friday, said that the suspects in the crime were two men, both of whom were now under arrest.


The rape had been reported to the authorities on 15th Jan 2020 after the child’s mother’s family found out about the crime when they questioned her after she complained of pain in her abdomen.
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Michael Kobs
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@MichaKobs
Without jumping to conclusions, this is a strange coincident. Is someone trying to kill two birds with one stone?


If you don't get caught up in the noise of the media, you'll notice a few more things. The far-right Oath Keepers has been patrolling major cities with heavy weapons for weeks. They were present in numbers at the Capitol, but without weapons.


https://t.co/t7M1svIIMe


You find photos of the arrested vandals but strangely enough not of the one 70-year-old who allegedly had a truck full of weapons. And at least I couldn't find an image of that truck. But the old man was apparently very talkative to the police.


The most questionable aspect, however, is the FBI's search for a person who was apparently caught on a surveillance camera the previous night.
At that time, it was possible to predict a mass gathering, but not the riot.
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I remember the Pulse terrorist attack vividly.
I remember walking into work and seeing the quiet, concerned look on my coworker's faces unsure of what to say or do.
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I really think that the Jan. 6th insurrection, really was an attempted coup.
But DJT's reichstag fire was thwarted by actual American Patriots like DC Police Officer Eugene Goodman.

In leading the insurgents away from the Senate chamber, Goodman saved the lives of many.

The killing of Democrat politicians and Vice President Pence, were all part of the larger plan.

DJT saw Pence's refusal to do his wishes in overturning the election results as a betrayal.

The killing of Democrats and possibly some Republicans was the key to the plan.

KEY 1:
As revealed in impeachment trial 2, DJT altered a permit to allow his cult to go from his pre coup rally to the Capitol building.

KEY 2:
DJT called for 10k National Guard to be deployed. But NOT used to put down any "riot"

KEY 3:
GOP politicians giving RECCE tours

KEY 4:
A truck loaded with weapons and explosives found near the Capitol building

KEY 5:
DJT and his #TrumpCrimeFamily and #TrumpCrimeSyndicate had a viewing party of the attack

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People who had instrumental roles in the attack haven't been arrested yet. Including senators

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Having someone in place to block ordering the National Guard to deploy to aid the DCPD

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useful idiots still trying to push the narrative that the election was stolen
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