"We are not persuaded that the court left any material factor out of account or relied on any immaterial factor. The two judges said the CPS's submissions are essentially no more than counter-arguments offering a different perspective, or a different approach to the facts and circumstances of the case."
"Contrary to the CPS's arguments, Mr Justice Bennathan's decision was rationally open to him, and that The evaluation of the facts, their relevance, and their weight, was a matter for the Crown Court."
"David Perry KC, for the CPS, said in written submissions that Mr Coskun's prosecution was not an attempt to introduce an offence of blasphemy and was not an impermissible encroachment on his right to free speech."
Hamit Coskun was initially convicted of a religiously aggravated public order offence after burning a Quran and shouting anti-Islamic statements outside the Turkish embassy in February. His conviction was overturned on appeal by Mr Justice Bennathan in October. The Crown Prosecution Service appealed this acquittal, arguing the judge erred in finding Coskun's behaviour was not disorderly and unlikely to cause harassment, alarm, or distress. However, Lord Justice Warby and Ms Justice Obi dismissed the CPS's appeal, stating the trial judge's evaluation of facts and their weight was properly within his discretion. The court rejected arguments that the prosecution constituted an unlawful blasphemy offence or infringement on free speech rights.
Read at www.standard.co.uk
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