Crass, not criminal

WE at the Freethinker are more Cole Porter than Cradle of Filth, the Ipswich heavy metal band. So we have have no idea what sort of sound the group makes – but, if their merchandise is anything to go by, it must be pretty damn nasty.

But, hey, nastiness is hardly a crime. If it were, the Pope, for one, would be doing a long stretch in the slammer.

The boys in blue in Edinburgh, however, certainly thought a Cradle of Filth T-shirt was nasty enough to merit a criminal prosecution – and promptly arrested Daniel Moore, 45, after he sold the garment to an undercover policeman.

The item – which features the slogan “Jesus is a Cunt” on the back, and a “pornographic” picture of a nun on the front – resulted in Moore, the owner of Electric Cabaret, being charged with selling an article that was both obscene and aggravated by religious prejudice.

Moore protested his innocence during several appearances at Edinburgh Sheriff Court, but this week the Crown decided the case could be dealt with through an alternative to prosecution, according to a report in The Scotman.

Moore said he had only ordered the T-shirt after a number of his teenage customers requested it. He said the charge was unfair because he did not stock the T-shirt, or display it in his store. And he insisted that he warned people of the dangers of wearing the top.

Speaking from his shop this week, he said:

I don’t think it should ever have gone as far as it did. I knew I was innocent all along – this has been a waste of money. The T-shirt is band merchandise and my customers chose to order it. I told the guy that bought it that he shouldn’t wear it on the street.

An alternative to prosecution can take the form of a written or personal warning or a “fiscal fine” of up to £100. Once this happens, the accused cannot be prosecuted for the offence and will not have a criminal record.

Moore’s solicitor, Victoria Good, condemned the suggestion that religious aggravation was the motive behind the sale of the T-shirt.

The T-shirt is unpleasant, but surely there is an issue of freedom of speech involved here.

In 2005 Nicholas Barker, former drummer with the Ipswich band, was arrested in Dover and charged with “creating a public disorder” for wearing the garment. There were no further proceedings against him.

In the same year, Adam Shepherd, 19, was fined £40 and sentenced to 80 hours community service after a member of the public complained to police about the T-shirt. He was reportedly convicted under new anti-hate laws which ban people from displaying religiously insulting signs.

Speaking after Shepherd’s arrest, the band’s singer Dani Filth said:

It is with some concern that poor Adam’s plight is acknowledged. Defaming organised religion openly in public is now a crime? What is wrong with England? Still, the litter problem on our city streets should improve dramatically if they keep handing out 80-odd hour community punishment orders willy-nilly. The country will be spotless in no time, a sure sign that God works in mysterious ways, even through us!

Filth explained the thinking behind the creation of the T-shirt:

It was going against the usual mediocre statement of “Jesus Loves You”. I mean, what does that mean?

In 2004, Dale Wilson was arrested in Norwich after he was spotted wearing the T-shirt as he walked to his local shop.

He walked away from court without a conviction, but magistrates told him to “grow up”.

In 2001 the then Lord Provost of Glasgow, Alex Mosson, campaigned to stop the T-shirt from being sold at Tower Records. The record shop was raided on two occasions by police, and eventually agreed to stop stocking the garment.