Wednesday, November 19, 2008

Private prosecution dropped by British prosecutors

A decision by the Crown Prosecution Service to take over a private prosecution against a UK gallery which displayed a sexualised statue of Christ has been met with disbelief this week.

The Christian Legal Centre (CLC) said the CPS had effectively ruled out the constitutional rights of Ms Emily Mapfuwa, who launched the prosecution, and said that the CPS had acted behind "closed doors".

Essex-based Emily Mapfuwa, 40, sought legal action against Gateshead's Baltic Centre for displaying a statue of Christ featuring an oversized phallus. She argued that the statue had outraged public decency.

But CPS Northumbria concluded that there were no grounds for the case to continue and has since intervened and ended it.

A spokesperson for the CLC said the case had now "moved to one of constitutional significance."

She went on to say: "The CPS has effectively usurped Emily Mapfuwa's constitutional right to bring a private prosecution by taking over the case and then deciding to stop it."

She added: "Decisions like this ought not to be taken behind closed doors by a public body.

"It is vital in a free and democratic society that there is access to justice to all, that justice is done and that justice is seen to be done." However the CPS says it is standing by legislation passed more than 20 years ago.

Nicola Reasbeck, Chief Crown Prosecutor, said: "The CPS recognises the right to bring a private prosecution and we do not take over a case unless there is a good reason to do so.

"Under the Prosecution of Offences Act 1985, which set up the CPS, we have the right to take over a private prosecution and prosecute it ourselves, take it over and stop the case, or allow the private prosecution to continue."

She continued: "Having considered the evidence in this case with great care, we are satisfied that there is no case to answer.

"We have taken into account all the circumstances, including the fact that there was no public disorder relating to the exhibition and that there was a warning at the entrance to the gallery about the nature of the work on display. The case has therefore been discontinued."

The statue of Christ was created by artist Terence Koh for his exhibition "Gone, Yet Still". Figures of Mickey Mouse, ET and a garden gnome were also pictured with 'similar attachments'.

Proceedings began on July 9 2008 when Ms Mapfuwa laid her case before Gateshead magistrates before it was shut down.

CPS insists that this is not the first time it has stopped a private prosecution.
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(Source: RI)