Quentin secures acquittal of defendant accused of racist abuse of Marcus Rashford.

Quentin Hunt was instructed by Lawsons solicitors to represent Mr CM who was accused of sending a racist post to England footballer Marcus Rashford via Instagram following England’s loss to Italy in the European cup final.

As a result CM was brought before Brighton Magistrate Court, accused of sending by means of a public electronic communications network a message that was grossly offensive or of an indecent, obscene or menacing character contrary to section 127(1)(a) and (3) of the Communications Act 2003.

The prosecution had collected a large body of evidence against CM. Evidence had been collected from Instagram, CM’s Internet Service Provider and CM’s mobile telephone handset which the prosecution said demonstrated that CM had sent a racist series of gorilla emojis to the England footballer together with laughing face emojis.

CM’s case was that although he accepted that his handset had sent the racist post, it was not him who was responsible for sending the message. CM maintained that he had held a party on the evening in question and that he had left his mobile telephone unlocked as a ‘jukebox’ for partygoers to play music through his Bluetooth speakers. He maintained that it must have been another partygoer who sent the racist communication.

The trial was held at Brighton Magistrates Court and Quentin challenged the detail of the evidence from the prosecution through cross examination of the officer in the case and an examination of the detail of the forensic evidence. A large body of defence evidence was also called in order to demonstrate CM’s impeccable character and the fact that he was not known to be ever racist.

Quentin submitted to the Court that there was significant doubt in the prosecution case and that it could not be proved who had custody of the handset at the time that the offensive message was sent.

The Magistrates agreed with Quentin’s submissions and CM was acquitted with a Not Guilty verdict. The Court also granted a defendant’s costs order to go towards the costs of CM’s legal representation.

Quentin Hunt is a criminal barrister who accepts instruction both through solicitors and directly from members of the public. He is regarded as an expert in offensive and malicious communications offences. He has represented defendants in many high profile cases including cases involving abuse of sportspersons and free speech arguments in the alleged abuse of members of parliament.

If you face a case involving allegations under the Malicious Communications Act 1988 or the Communications Act 2003, you may wish to secure effective and expert representation to give you the best chance of success. If you seek representation or wish to discuss changing representatives you may contact Quentin for a free, no obligation discussion about your case.