Lord Hermer's denial of two-tier justice is a disgrace
This perception, so corrosive to faith in the rule of law, has become widespread since the crackdown on the Southport unrest last summer. Never one to read the public or political mood, Starmer's lawyer ally simply issued a blunt and contemptuous denial.
Such claims are 'frankly disgusting', he said, and indeed 'offensive' to police, prosecutors and courts. He added that instead of criticising the British justice system, politicians 'need to get behind it, not seek to undermine it'. (Perhaps he should have a word with the justice secretary, Shabana Mahmood, who earlier this year had to intervene to block sentencing guidelines which she herself labelled 'two-tier'.)
It's a woefully tone-deaf performance, suggesting that Hermer doesn't even understand why the Government's response to the Southport unrest gave rise to charges of unfairness. He argued that people were wrong to compare the policing of London Gaza marches, often awash with anti-Semitism but 'not producing violence', with the Southport unrest, since this saw attacks against police officers.
No one would say violent rioters shouldn't be treated robustly. But what Hermer ignores is the way the state dealt fiercely with white, working-class Southport rioters in a way it never does with more favoured groups.
Just weeks before, when rioters in ultra-diverse Harehills, Leeds, overturned a police car and set a bus on fire, the police reportedly ran away.
Meanwhile, days into the Southport unrest, when armed Muslim mobs formed supposedly in order to protect their local communities, the police let them have free rein. In Birmingham on August 5, the result was a pub being attacked, with a man outside it suffering a lacerated liver, amid other disorder.
Even more than this double-standard though, it is the punitive crackdown on online speech that has caused outrage.While there were many who found themselves charged and remanded in custody for social media posts, the most high-profile is Lucy Connolly, imprisoned for 31 months for a single nasty tweet (which she later deleted) on the night of the Southport murders.
As the Telegraph disclosed earlier this month, Lord Hermer personally approved the prosecution of Mrs Connolly for stirring up racial hatred, despite having the constitutional power not to. Hermer has also declined to seek to review lenient sentences for gang grooming offenders – but in his political judgement, it was in the public interest for Connolly to face up to seven years in prison over one nasty tweet. Former Attorney General Suella Braverman says she would not have consented to the charge.
'We don't have a two-tiered justice system', insists Hermer. We have an 'independent justice system'. But can anyone really look at the state response to Southport and claim it 'independent' from politics?
Sir Keir Starmer politicised the justice system the moment he claimed all of those involved were 'far-Right thugs', who had come from out of town to cause chaos. In reality, subsequent analysis of the arrest data along with a recent report by the police inspectorate have poured cold water on those claims.
Politicians were also swiftly claiming that online speech was a principal cause, with Hermer himself crowing that 'you cannot hide behind your keyboard'.
This narrative was no less dubious – no one needed to be told by social media to be angry about the horrific murders of three children. Yet both became reasons for the police, the CPS and the courts to throw the book at people like Connolly over tweets. '[T]heir intention was always to hammer me', as Lucy told the Telegraph earlier this year.
Lucy's two-tier treatment continues to this day. First, she was denied release on temporary license to care for her daughter and sick husband. This is a privilege which even murderers are sometimes granted, and which has been granted to others at Lucy's prison. Now she says she's being cruelly mistreated in prison. Does Hermer seriously think it's 'disgusting' to see this as unfair?
Hermer can deny two-tier justice all he likes, but the more the public hears about cases like Connolly, the more the charge rings true. A recent YouGov poll found public confidence in the judicial system at an all-time low, with the proportion expressing 'no confidence at all' rising four per cent since last June. Berating people who feel these concerns will not make them go away.
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