Community reporter prosecuted & gagged
to assist Edward Ware conceal crimes

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On 24 October 2012, City of Bristol lay magistrates, chairman
Dr Shaheen Chaudhry, made the following Restraining Order against John McAllister; purportedly under the provisions of
s.5(2) Protection from Harassment Act 1997.

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"This order is made to protect Edward Ware from further conduct which amounts to harassment.

"Details of the order:
1) Not to publish or display any material relating to Edward Ware in anyway including on the internet.
2) Not to contact Edward Ware directly or indirectly.
3) Not to contact any person connected with Ashton Park School, Bristol Rovers Football Club, Gloucestershire County Cricket Club in relation to Edward Ware.
This order lasts until further order.

"Warning:
If you do not obey any part of this order you will commit an offence and may be sent to prison for up to five years.
You will commit an offence if you disobey this order even once."

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VISIT:- Derelict Director's Demolition Death Trap

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Sunday Times v United Kingdom
(No.2) [1992] 14 EHRR 123.

"Freedom of expression constitutes one of the essential foundations of a democratic society ...it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also as to those that offend, shock or disturb. Freedom of expression, as enshrined in Article 10, is subject to a number of exceptions which, however, must be narrowly interpreted and the necessity for any restrictions convincingly established."

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"These principles are of particular importance as far as the press is concerned. Whilst it must not overstep the bounds set, ...it is nevertheless incumbent on it to impart information and ideas on matters of public interest. Not only does the press have the task of imparting such information and ideas: the public has a right to receive them ..."

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"The public interest served by freedom of expression and the right to receive and impart information has never been defined in law. However, examples of conduct which is capable of serving the public interest include the following:

(a) Conduct which is capable of disclosing that a criminal offence has been committed, is being committed, or is likely to be committed.
(b) Conduct which is capable of disclosing that a person has failed, is failing, or is likely to fail to comply with any legal obligation to which s/he is subject.
(c) Conduct which is capable of disclosing that a miscarriage of justice has occurred, is occurring or is likely to occur.
(d) Conduct which is capable of raising or contributing to an important matter of public debate. ...examples include public debate about serious impropriety, significant unethical conduct and significant incompetence, which affects the public.
(e) Conduct which is capable of disclosing that anything falling within any one of the above is being, or is likely to be, concealed.

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Director of Public Prosecutions:
Guidelines for prosecutors on assessing the public interest in cases affecting the media. 13/9/12

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Human Rights Act 1998

s.6 Acts of public authorities

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

(3) In this section “public authority” includes -
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature,

(6) “An act” includes a failure to act ...

s.12 Freedom of expression

(4) The court must have particular regard to the importance of the Convention right to freedom of expression and, ... to -
(a) the extent to which -
(i) the material has, or is about to, become available to the public; or
(ii) it is, or would be, in the public interest for the material to be published;

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Criminal Procedure Rules 2010

1. The overriding objective
1.1. (1) The overriding objective of this new code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes -
(a) acquitting the innocent and convicting the guilty;
(b) dealing with the prosecution and the defence fairly;
(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights; ...

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Director of Public Prosecutions:
Human Rights and Criminal Prosecutions: General Principles.

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Director of Public Prosecutions:
Code for Crown Prosecutors: General Principles.

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Director of Public Prosecutions:
Restraining Orders - Section 5, Protection from Harassment Act 1997: Making an application.

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The Guardian: Interview with Keir Starmer QC.
UK's top prosecutor defends journalists who break law in public interest. 18/10/13

John McAllister  ~%~  web@w3a2z.net