Wrongly Convicted Database Record

 

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Michael Overd

 

Charge:

Disturbing the Peace (Incl. Breaching Public Order)

Sentence:

"£300 fine, £30 victim surcharge & £1,686 prosecution costs"

Years Imprisoned:

Year Crime:

2016

Year Convicted:

2017

Year Cleared:

2017

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

England

City of Crime:

Bristol

Result:

Judicially Exonerated

Summary of Case:

"Michael Overd and Michael Stockwell were codefendants wrongly convicted on February 28, 2017 of disturbing public order in Bristol, England on July 6, 2016. Stockwell is a former U.S. Marine who lives in Selden, New York, and Overd lives in Creech St Michael, Somerset, England. Stockwell and Overd are Christian street preachers, and their joint prosecutions were based on allegations they showed hostility to another religious group by reading aloud from the King James Bible at the Broadmead shopping centre in Bristol, talking about sex before marriage, and commenting about other religions. Stockwell and Overd read from the Bible, responded to questions and objections, and explained the difference between Christianity and Islam using the Bible and the Koran as references. The men were speaking on the first day of the Muslim festival of Eid, and Overd was videotaped telling a crowd of about 100 people: 'Mohammed is a liar and a thief," and, "Allah is the greatest deceiver -- that's in the Koran." When the predominantly white crowd began chanting "go home," the police moved in and arrested them. Video showed the police roughly manhandling Overd as he was taken away. Two other men who were also citing scriptures, one of whom was also arrested, but the charges were dismissed before trial. The defense of Stockwell and Overd was they were exercising their right to expression by reading from the Bible and making religious based comments. Their solicitor Michael Phillips argued to the court that "this prosecution is nothing more than a modern-day heresy trial – dressed up under the Public Order Act. Every negative remark about other religions and ways of life are taken straight from those texts. The preachers do not use inflammatory language, but simply the language of the Bible. If it is the case that the crown seeks to ban biblical scripture, that would be a bold move. [F]ree speech is foundational to the functioning of society – just as much as freedom of the press and democracy – and it must be protected at all costs. We need to stand against the movement which says it's only ok to say things that don't offend others. That might be nice for people in the short term, but it is not beneficial in the long term." (Quotes from, http://www.christianconcern.com/our-concerns/freedom-of-speech/street-preachers-who-quoted-bible-convicted-in-modern-day-heresy-trial) After a four day bench (judge only) trial, they were convicted of violating the Crime and Disorder Act 1998. They were sentenced to pay a £300 fine, a £30 victim surcharge, and shared prosecution costs of £3,372, that totaled £2,016 each. They appealed their convictions and fines. On June 29, 2017 the Bristol Crown Court quashed the convictions of both men on the basis neither one committed a public order offense. The judges ruled that Stockwell "'did no more than express his no doubt sincerely held religious beliefs," and that Overd's "working the crowd' to get a reaction to his religious statements wasn't a crime. His Honour Judge Picton stated the Court was "conscious of the right of freedom of speech and freedom of expression." After their convictions were overturned, Stockwell told reporters outside the courthouse, "People should be free to express their beliefs in public, without risk of harm, violence or other repercussions. That's why today's result is such a great victory." Overd was more circumspect in his comments, saying he was "very sad" that "this is what this country has come to. This is not an isolated case. How many times must we go to court before there is respect for the law? My heart bleeds for this country, but I am a patriot and I will be back on the streets to preach. My life is not my own. I am a Christian soldier and I rejoice in this prosecution." (Quotes from, http://www.bbc.com/news/uk-england-bristol-40448925) Stockwell and Overd were provided legal support by the Christian Legal Center based in London, whose chief executive Andrea Williams said the ruling was a "victory for freedom of speech.""

Conviction Caused By:

Innocence Proved By:

"On June 29, 2017 the Bristol Crown Court quashed the convictions of both men on the basis neither one committed a public order offence. The judges ruled that Stockwell "'did no more than express his no doubt sincerely held religious beliefs," and that Overd's "working the crowd' to get a reaction to his statements wasn't a crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Christian preachers fined £300 each for shouting 'Mohammed is a liar' and telling shoppers 'being gay is immoral' have their convictions OVERTURNED after judge rules 'they were just expressing religious beliefs', By Mark Duell (For MailOnline), DailyMail (London), June 30, 2017"

Information Location 1:

http://www.dailymail.co.uk/news/article-4653742/Preachers-fined-300-convictions-OVERTURNED.html

Information Source 2:

"Christian preachers win appeals over shopping centre sermon, By Staff, BBC News, June 29, 2017"

Information Location 2:

http://www.bbc.com/news/uk-england-bristol-40448925

Information Source 3:

"Christian Preachers Stand Trial in Bristol, By Staff, Christian Concern, February 22, 2017"

Information Location 3:

http://www.christianconcern.com/our-concerns/freedom-of-speech/christian-preachers-stand-trial-in-bristol

Information Source 4:

"Street preachers who quoted Bible, convicted in 'modern-day heresy trial, By Staff, Christian Concern, February 28, 2017"

Information Location 4:

http://www.christianconcern.com/our-concerns/freedom-of-speech/street-preachers-who-quoted-bible-convicted-in-modern-day-heresy-trial

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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