Police used 'Orwellian' powers to 'gag' firefighter who was arrested after criticising his bosses online

Daily Mail​

a day ago

Police used 'Orwellian' powers to 'gag' a firefighter who was arrested after criticising his bosses online, it has been claimed.
Robert Moss was allegedly told by Staffordshire Police that his right to 'freedom of expression' must be 'limited to maintain public safety and order' after he was arrested on suspicion of malicious communications on July 8.
Prior to his dismissal in 2021, the former firefighter, 56, had served Staffordshire fire and rescue service for 28 years and even worked as the county's Fire Brigade Union's secretary.
An employment tribunal in 2023 later found that he had been wrongly dismissed from his position, with a judgement ruling it had been an 'unfair' decision.
Following this, in a private Facebook group, the father-of-one had provided advice to firefighters, alongside making several critical comments regarding the fire service's management.
At a bail hearing held at Newcastle-Under-Lyme magistrates' court, the police's 'gagging clause' was eventually overturned due to concerns about the draconian approach by officers.
While Mr Moss was never charged with a crime, his home was raided at 7am in July, with officers seizing two telephones, an iPad and a computer.
He was then given bail with six conditions that included being prohibited from posting any communication relating to the county's fire service, alongside anything related to the ongoing investigation.
Mr Moss was also prohibited from contacting the fire chief officer, Rob Barber, and his deputy, Glynn Luznyj.
Now, the former firefighter has criticised Staffordshire Police's decision to arrest him, telling the Telegraph that the online messages were 'certainly not criminal' but, rather, 'anodyne'.
Mr Moss went on to accuse the fire service of 'weaponising the police' in a bid to 'silence' him, adding that the 'gagging' order represented a human rights breach.
During the magistrates' court hearing, Tom Beardsworth, a barrister hired by the Free Speech Union, said that two of Mr Moss' bail conditions represented a 'deep threat to the right of free expression'.
He added: 'For the police to prohibit an arrested person from speaking about their arrest is extraordinary and Orwellian, and it is not hyperbole to put it in those terms.
'We do not live in a police state and Mr Moss should have every right to speak about his arrest.'
However, arresting officer DC Isobel Holliday said that the bail conditions had been 'proportionate' given the 'malicious and reckless' online posts by Mr Moss.
Following the evidence, Paul Tabinor, chairman of the magistrates' bench, ruled that while Mr Moss would be permitted to post messages about the fire service, he was no longer banned from posting about the police investigation.
Sam Armstrong, the FSU's legislative affairs director, described Mr Moss' case as 'amongst the most egregious abuses of state power' the organisation had come across.
A spokesperson for Staffordshire Police said: 'We arrested a 56-year-old man, from Newcastle-under-Lyme, on Tuesday 8 July, on suspicion of harassment without violence, sending communication/article of an indecent/offensive nature and knowingly/recklessly obtain or disable personal data without consent of the controller.
'The man has been released on conditional bail as our enquiries continue.'
Staffordshire Fire and Rescue Service said it would be inappropriate to comment during the active proceedings.
Mr Moss' dismissal is believed to be the latest in a string of heavy-handed police responses over 'thought crimes', with writers, councillors and parents talking in school WhatsApp groups targeted in recent months.
Just last week, Ring doorbell footage emerged of an embarrased police officer reluctantly knocking on a suspected 'anti-migrant' protester's door amid an increasing backlash over the scourge of 'thought police'.
Doorbell footage shows two West Midland Police officers approaching the property in Coventry to give the homeowner a leaflet ahead of a planned anti-immigration demonstration.
But one of the officers is hesitant to carry out the task and admits his visit is 'woeful' and a 'load of 'b******'.
Speaking into a ring doorbell, the police officer tells the homeowner: 'Warwickshire have asked me to come round.
'It's a load of b******* but it's about this protest tomorrow in Warwickshire. They're aware that you might be wanting to attend that planned protest.
'And obviously that's absolutely fine. You've got a freedom of speech and there are no issues at all.
A spokesperson for West Midlands Police told the Daily Mail: 'We're aware of footage circulating on social media showing an officer visiting a property.
'The footage is being reviewed and we are speaking to the officer in relation to the circumstances.
'This visit was part of the work our officers have been doing to support Warwickshire Police in their engagement and preparations for a planned protest in Warwickshire this weekend.'
Meanwhile, in November 2023, a a retired policeman was arrested and handcuffed in his own home in May by six police officers armed with batons and pepper spray.
Julian Foulkes, from Gillingham, was detained by Kent Police cops - the very same force he had given around ten years of his life to - after he questioned a supporter of pro-Palestine demonstrations on X (formerly Twitter).
Bodycam footage of the incident in November 2023, shows officers describing the 71-year-old's books and literature scattered around his home as 'very Brexity things', according to The Telegraph.
Police also raised worries over a shopping list, written by the retired man's hairdresser wife, which included items such as bleach, tin foil and gloves, whilst they seized Mr Foulkes electronic devices from his home.
They also searched through most of his personal items, including newspaper clippings from the funeral as well as the police probe of his daughter, Francesca's death, who had been killed by a drunk driver whilst holidaying in Ibiza 15 years ago.
A police officer was heard stating, according to the publication: 'Ah. That's sad,' as she continued to rummage through the retired special constable's items, before he was put in a police cell for eight hours.
After hours of interrogation on suspicion of malicious communication, Mr Foulkes accepted a warning as he worried it could affect any future visits to see his daughter who resides in Australia.
'My life wouldn't be worth living if I couldn't see her. At the time, I believed a caution wouldn't affect travel, but a conviction definitely would,' he said.
Kent Police later confessed the decision to give Mr Foulkes a caution was a mistake and have wiped it off the 76-year-old's record.
Mr Foulkes has since aired his concerns in what he believes to be an attack on freedom of speech, quipping: 'I saw Starmer in the White House telling Trump we've had it in the UK for a very long time, and I thought, 'Yeah, right.' We can see what's really going on.'
The 76-year-old's ordeal started when Hamas attacked Israel on October 7, which saw 1,200 people killed and over 250 taken hostage. An incident which sparked several pro-Palestine marches in London.
The retired policeman had been told by his Jewish friends about how they felt unsafe travelling to the bustling city.
Later that October, he had become increasingly worried having reports of mobs storming an airport in Dagestan, Russia to intercept Israeli citizens.
So, the next day when he saw a post from an account called Mr Ethical, which read: 'Dear @SuellaBraverman – as someone who was on one of the 'hate marches', if you call me an antisemite I will sue you,' he felt inclined to respond.
He responded to the tweet saying: 'One step away from storming Heathrow looking for Jewish arrivals…'
He claimed he had never been in contact with the account prior, and was warning of possible escalation with the on-going pro-Palestinian protests.