A former Royal Marine who spent 20 days in prison after posting a Facebook video about illegal immigration has been unanimously cleared of stirring up racial hatred – within just 17 minutes of jury deliberation.
Jamie Michael, 46, was arrested in August after an unnamed staff member in the office of Labour Senedd member Buffy Williams reported his online video to police. The post, recorded in the wake of the Southport murders in July, urged people to engage with politicians and exercise their democratic rights over concerns about illegal immigration.
Held in custody for three days before being denied bail, Michael, who served in Iraq and Sierra Leone, was ultimately acquitted by a jury at Merthyr Tydfil Crown Court on February 4. Speaking after the verdict, he said the experience had left him feeling betrayed by the country he once served.
“When I voiced my opinions, the full force of the law came down upon me,” he said. “Millions of other people have the same concerns about unvetted and unchecked males coming into the country after throwing away their passports.”
A father-of-two and massage therapist from Penygraig, Rhondda Cynon Taf, Michael said he was shocked at how quickly the legal process escalated. His 12-minute video, posted on July 31, two days after 18-year-old Axel Rudakubana murdered three girls in Southport, urged people “to get ready” and organise through “the right channels” by contacting councillors and politicians.
“I felt like crying,” he said, scrolling through the video on his phone. “It doesn’t mean getting bats and knives and stuff … I’m talking about doing things the right way: getting in big groups, having meetings, going to the council, police, the politicians, the councillors.”
He admits some of his language was “clumsy,” describing some illegal immigrants as “scumbags” and “psychopaths.” He also mistakenly claimed that Rudakubana was not born in Cardiff. However, he believes the video was perceived as politically motivated because he criticised Labour’s handling of immigration.
His arrest on August 9 led to three days in police custody before he was refused bail by magistrates.
“Apparently I was likely to commit ‘further offences’ – it was suggested I even had terrorism intentions,” he said.
His lowest moment, he adds, was singing “Happy Birthday” down the phone to his nine-year-old daughter from his cell.
Upon his release on bail, he sought to reassure acquaintances that he was not racist, rejecting claims he had stirred up racial hatred.
During his trial, prosecutors argued that Michael had been “unrelentingly negative” towards migrants in his video. However, his barrister, Adam King – paid for by the Free Speech Union (FSU) – argued it was “beyond obvious” that he was not referring to all migrants. The jury heard that his main concern was security in schools to protect children.
Expecting a long wait for the verdict, Mr Michael bought a cup of tea when the jury retired to consider its decision. Seventeen minutes later, his name was called. His tea was still too hot to drink when he was found not guilty.
“I let them know how thankful I was,” he said.
Dr Bryn Harris, the FSU’s chief legal counsel, welcomed the jury’s decision, describing the case as a “disastrously misconceived prosecution” of a “decent and honourable man who served his country with distinction, and who did no more than exercise his right to speak out on political matters that affect us all”.
He added: “The police and the Crown Prosecution Service now need to ask themselves how so much taxpayers’ money came to be spent on what seems to be a political prosecution.”
Ms Williams, whose office reported the video to police, defended the decision, saying her team “received concerns from several residents” and followed the standard procedures advised by Senedd security.
“It isn’t up to me to decide what’s right and what’s wrong, neither is it up to my team, and that’s absolutely how it should be,” she said.
It remains a matter of concern that Michael was prosecuted at the urging of a politician (the staffer in question was a Labour councillor). The authorities should have resisted this political pressure, given the time and resources wasted on this case. People should not face criminal charges for expressing lawful opinions, regardless of how distasteful those in power find them.
Michael’s swift acquittal also raises broader questions. If the dozens of people arrested and charged over social media comments last August had pleaded not guilty, how many of them would not now be in jail?
We urge anyone who’s concerned they might be arrested in connection with something they’ve said on social media to join the FSU. We can provide you with proper legal advice and, if we think your case has merit, arrange and pay for your legal defence, as we did in this case. No one should go to prison for hurty words.
There’s more on this story here.
