“A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant”
“The elasticity of the common law principle enables interference with freedom of speech to be confined to what is necessary in the circumstances of the case. The elasticity enables the court to give appropriate weight, in today’s conditions, to the importance of freedom of expression by the media on all matters of public concern. 1. The seriousness of the allegation. The more serious the charge, the more the public is misinformed and the individual harmed, if the allegation is not true. 2. The nature of the information, and the extent to which the subject-matter is a matter of public concern. 3. The source of the information. Some informants have no direct knowledge of the events. Some have their own axe to grind, or are being paid for their stories. 4. The steps taken to verify the information. 5. The status of the information. The allegation may already have been the subject of an investigation which commands respect. 7. Whether comment was sought from the plaintiff. 8. Whether the article contained the gist of the plaintiff’s side of the story. 9. The tone of the article. A newspaper can raise queries or call for an investigation. It need not adopt allegations as statements of fact. 10. The circumstances of the publication, including the timing.”
“Section 4 requires the court to have regard to all the circumstances of the case when determining the all-important question arising under s.4(1)(b): it says the court must have regard to all the circumstances of the case in determining whether the defendant has shown that he or she reasonably believed that publishing the statement complained of was in the public interest. In my judgment, all the circumstances of the case must include the sort of factors carefully identified by the judge, including, importantly, the particular role of the defendant in question. The statute could have made reference to the Reynolds factors in this connection, but it did not do so. That is not to say however, that the matters identified in the non-exhaustive checklist may not be relevant to the outcome of a public interest defence, or that, on the facts of the individual case, the failure to comply with one or some of the factors, may not tell decisively against a defendant. However, even under the Reynolds regime, as Lord Nicholls made clear, the weight to be given to those factors, and any other relevant factors, would vary from case to case. As with Reynolds therefore, with its emphasis on practicality and flexibility, all will depend on the facts.”
“… Can it ever be consistent with responsible journalistic standards or a reasonable belief that publication is in the public interest to publish what you know or believe to be untrue? There must be some cases where it is, as for example where a newspaper, as it may be required to do if it is to rely on a defence of privilege or other public interest defence, publishes a version of events by the claimant which its editor and journalists find unconvincing or even believe to be false. Or where it is a case of reportage in which accusations and counter-accusations are being reported. The newspaper’s attitude may often be ‘a plague on both your houses’; but its opinions may favour one side and it is submitted that it should not be at risk of losing protection on that ground so long as it reports the matter in a neutral manner. However, outside example of this kind the answer must surely be no. In the memorable words of Lord Hobhouse in Reynolds, ‘[n]o public interest is served by publishing or communicating misinformation’, especially where the publisher knows or believes what he is disseminating is untrue.” (Emphasis added.)
“41. As for the standard of proof, the starting point is that these are civil proceedings and in civil proceedings the standard of proof is the balance of probabilities i.e. is it more probable than not that the article was substantially true in the meaning that it bore? In this case, is it more likely than not that the claimant did what the articles alleged? The common law knows only two standards of proof: beyond reasonable doubt … which applies in criminal cases and certain other immaterial situations and the balance of probabilities (which applies in civil cases) – see In re H (Minors) (Sexual Abuse: Standard of Proof)[1996] AC 563 , 586. The ‘balance of probabilities’ simply means as Lord Nichols aid in Re H, that, “a court is satisfied an event occurred if the court considers, on the evidence, the occurrence of the event was more likely than not.” 42. Although there is a single and unvarying standard of proof in civil proceedings, the evidence which is required to satisfy it may vary according to the circumstances. In Re D[2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region)[2006] QB 468 at [62] who had said, “Although there is a single standard of proof on the balance of probabilities, it is flexible in its application. In particular, the more serious the allegation or the more serious the consequences if the allegation is proved, the stronger must be the evidence before a court will find the allegation proved on the balance of probabilities. Thus the flexibility of the standard lies not in any adjustment to the degree of probability required for an allegation to be proved (such that a more serious allegation has to be proved to a higher degree of probability), but in the strength or quality of the evidence that will in practice be required for an allegation to be proved on the balance of probabilities.”
“22. In light of these considerations, the best approach for a judge to adopt in the trial of a commercial case is, in my view, to place little if any reliance at all on witnesses’ recollections of what was said in meetings and conversations, and to base factual findings of inferences drawn from the documentary evidence and known or probable facts. This does not mean that oral testimony serves no useful purpose … But its value lies largely, as I see it, in the opportunity which cross-examination affords to subject the documentary record to critical scrutiny and to gauge the personality, motivations and working practices of a witness, rather than in testimony of what the witness recalls of particular conversations and events. Above all, it is important to avoid the fallacy of supposing that, because a witness has confidence in his or her recollection and is honest, evidence based on that recollection provides any reliable guide to the truth.”
“42. The process of attempting to remember events in the distant past is an inherently fallible one; it is a process that is highly susceptible to error and inaccuracy. Our efforts to think back many years to recollect the details of past events are liable to be affected by numerous external influences; involvement in civil litigation can in itself operate as a significant influence… Having seen and heard the pursuer give evidence, I have come to the view that I must evaluate the reliability of his claimed recollections with caution. I have wherever possible, tested his evidence against the other evidence in the case and I have considered objectively where the probabilities lie.”
“(1) In certain circumstances, a court may be entitled to draw adverse inferences from the absence, or the silence, of a witness who might be expected to have material evidence to give on an issue in that action. (2) If a court is willing to draw such inferences, they may go to strengthen the evidence adduced on that issues by the other party, or to weaken the evidence, if any, adduced by the party who might reasonably have been expected to call the witnesses. (3) There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue. (4) If the reason for the witness’s absence or silence satisfies the court, then no such adverse inference may be drawn. If, on the other hand, there is some credible explanation given, even if it is not wholly satisfactory, the potentially detrimental effect of his or her absence or silence may be reduced or nullified.”
“On the proof that a public or official act has been performed, it is presumed that the act has been regularly and properly performed. Persons acting in public capacities are presumed to have been regularly and properly appointed. It has been used in connection with the conduct of machines as well as men. Its application in criminal cases has in general been more patchy.”
“Most recently, see TC Coombs & Co v IRC[1991] 2 AC 283 ”
“Where Parliament has designated a public officer as decision-maker for a particular class of decisions the High Court, acting as a reviewing court under Order 53, is not a court of appeal. It must proceed on the presumption omnia praesumuntur rite esse acta until that presumption can be displaced by the applicant for review – upon whom the onus lies of doing so. Since no reasons have been given by the decision-maker and no unfavourable inference can be drawn [from] this fact because there is obvious justification for his failure to do so, the presumption that he acted intra vires can only be displaced by evidence of facts which cannot be reconciled with there having been reasonable cause for his belief…”
“Glasgow tattoo artist pinned me to wall and assaulted me: he should not be tattooing women”
“This story is about yet another male predator in the tattoo industry. His name is Billy Hay (of Bath Street Tattoos) and he sexually assaulted me when I was 19. He had a guest spot at a well-known tattoo artist’s shop in the North East, where I had recently been tattooed. I met Billy Hay on a night out. He was with my tattooist, who introduced us. Billy started asking about my tattoo. We had a brief chat and that was that. I went off with my friends. It got to a point in the night when I decided I wanted to go home. When I was leaving the club, he was standing at the exit. I said bye and he offered to walk with me. Didn’t want me walking alone – the irony. My house at the time was about 15 mins from the club. Along the way, I had to cut through a tunnel. When we were in the tunnel, he pushed me into the wall in an attempt to kiss me. I avoided his face and asked him to stop. He asked ‘why I’d been flirting’ with him and ‘leading him on’ if I wasn’t going to put out. I insisted I was just being friendly and certainly had no intentions, but he wouldn’t take no as an answer. He pushed me in a corner and pinned both of my arms either side of me. I crouched down to get my face away from his which was a bad move, because he then pulled down his trousers and took out his penis. He then asked me to ‘suck it’. I was in tears by this point and all I could do was beg. I kept saying ‘please let me go home’ ‘I just want to go home’. I stood up again to avoid his penis he was trying to shove in my face. So, he pulled down my shorts. I knew things were going to get really bad now, I continued to beg and he continued his assault. I had tights on, so I was protected by one last layer. I stepped out of my shorts. And as I did, I ducked under his arm and ran faster than I’ve ever ran before. He didn’t attempt to chase me. I left my bag, keys, phone, shorts, purse, everything in that cut and ran home in just a pair of tights. I couldn’t get into my house because I didn’t have my keys. I couldn’t call anyone as I didn’t have my phone. Luckily, a homeless woman spotted my distress and, after an hour or so, I got the courage to walk back to the scene of the crime with her. I don’t know who she was but I see her as a real-life angel to this day. He was gone by the time we went back to the scene of the crime – he’d left all my stuff where it was and I got back into my house. I told my housemate what had happened and called the police. When the police looked into the CCTV footage, they said they had ‘calmly seen me walking away from the scene of the crime with a man, and with all my stuff’. I tried to explain this wasn’t a man, this was the homeless woman who helped me (she was wearing a beanie hat covering her hair, hoodie and tracksuit bottoms, so I can see why she may have appeared to be male on grainy CCTV footage). The cut where the sexual assault happened was a CCTV blind spot – they couldn’t have seen any of it on camera. The police reminded me that I was drunk and that I’d given a confusing description (I described his beard as blond at one point, then described it as ginger.) In club lighted and street lighting, it’s hard to tell … never mind during a trauma). Despite me telling them exactly who he was and describing physical details (such as his septum ring) they said it would be hard to take to court without direct evidence – and that the fact I’d consumed alcohol and given two different beard colours would go against my statement. They kept reminding me ‘you do realise how hard this kind of thing is to prove’ and kept asking if I ‘definitely wanted to go ahead and press charges’ I was scared, in shock, and 19-years-old. I just wanted to it all to go away and I wanted to go to bed. I told them to forget it. The next day, I rang the tattoo artist Billy Hay was working with for the guest spot. The tattooist said he ‘didn’t want to get involved’. So I told other tattooists. It was met with lukewarm responses. One tattooist truly betrayed my trust and shouted, ‘HEARD YOU NEARLY GOT RAPED?!’ across a packed beer garden while I was working. I also told a mutual friend at the time, who approached Billy about the incident at a tattoo convention. They told me he said he was drunk and can’t remember. Played it all down. For me, telling my story to those in and involved in the tattoo industry – people I thought I could trust – did nothing. As much as it angers me, I don’t blame the silent ones. I know people still find it hard to call out rapists and sexual abusers, or even just have nothing to do with them, especially if said abusers are popular. Some tattooists are maybe frightened it could jeopardise their careers, or they just want an easy life. I’m not angry with them. But I cannot have anything to do with these people. I can’t sit with this any longer and I won’t be made to feel like my story doesn’t matter. It’s been 11 years and I still regret not speaking out about Billy Hay. I feel cloaked in guilt at the thought of another woman going through the terror I went through. The fact he’s worked with women, many undressed, for more than decade since then, haunts me. But the shame of being drunk, wearing really short shorts, not being believed by tattoo artists and not feeling any form of justice when contacting the police, has kept me quiet. This kind of passive silence will not stop abuse in the tattoo industry. Who wins if we stay silent? Not us. I’m relieved women can finally talk about these predators and be believed. I’m relived action is staring to happen. The industry will be a safer placed when every single one of these tattoo artists are removed from it.” (Emphasis in original.)
“Hi Ema. I’m really sorry to message out of the blue but I want to approach you about one of your employees at Bath Street Tattoo. With the Tattoo MeToo movement that’s happening, it’s brought up a lot of trauma from my past, which includes an incident where your employee Billy Hay attempted to rape me. But it’s also given me a lot of courage to put my story out there and heal, after 11 years with PTSD and therapy. I’ve written this anonymous statement that isn’t public so you can read the details. He has not been held accountable for his actions or shown to have any remorse. He has made light of the assault in the past to a mutual friend. I don’t Want your business boycotted but I have felt a heavy guilt for 11 years at the thought of someone who could do that to me, having that much power over other women’s bodies. I’m sorry if this upsets you but I thought it was best to come to you first.”
“Hi Ema, I’m sorry to message out of the blue but I want to approach you about one of your employees at the Bath Street Tattoo. With the Tattoo MeToo movement that’s happening, it’s brought up a lot of trauma from my past, which includes an incident where your employee Billy Hay sexually assaulted me. But it’s algo given me a lot more courage to put my story out these and heal, after 11 years dealing with PTSD and therapy. He has made light of the assault in the past to a mutual friend. He blocked me into an alleyway, I was begging him to let me go and he kept asking ‘why I’d led him on’ (all I’d done was chat friendly with him about my tattoo another artist had done, where he was guest-spotting at the time). He exposed his penis and asked me to suck it. He didn’t manage to get it in my mouth. He pulled my shorts down and I begged and cried but he wouldn’t stop. I still have nightmares and flashbacks about it to this day. The only reason Billy didn’t rape me is because I was quick, I got under his arm and ran for my life – left my phone, keys, purse, shorts in that alleyway. Ran through town in a pair of tights. I reported it to the police but they said it’s hard to get this stuff to court because, evidence. I’m sure as a woman you’ll know how it usually goes with CPS and sexual assault charges. I was a teenager, I just wanted it to all go away so I shut up and buried it. That attack changed me for life. I’m sorry if this upsets you but I thought it was best to come to you to discuss how to protect women, without your business having to be involved if I decided to go public with my story. I have friends in the tattoo industry and they say this is known but unspoken of. Two of my friends have called him out to his face and he denies it all obviously. Says he was drunk and it was a misunderstanding. I can’t begin to explain how outraging it is to know men in the industry cover for Billy. Even worse, that he has access to women’s bodies, in a position of power. I can’t being to explain the hurt he’s caused me, and the guilt I have for never saying anything to protect women, even 11 years later. Like I’ve said, the reason I message is because I don’t want your business boycotted. But obviously, people will look to see where he works. And too right, no one wants to be tattooed by a sex offender. I believe in restorative justice, but I have heard too much over the years to believe he holds any remorse for his crimes. It takes a sick person to force themselves on someone when they’re crying and begging ‘please let me go, I just want to go home’. This was no ‘misunderstanding’. Please let me assure you that my hands have violently shaken with every word I’ve composed to you. That’s how hard this is – that’s how much this has hurt mentally over the years. I won’t let abusers and sexual predators think they can get away with this, and use their positions of power to hurt other young women. Times have changed and, for the safety of women, Billy’s crimes are in the public interest. Again, I empathise that this a difficult pill to swallow. But it is 10000% the truth. I hope we can work out the next septs in making your studio a safe space for women. Thanks, Nina”
“After 11 years of guilt & worry for other women, I emailed a Glasgow tattoo studio to inform the owner that one of their male tattooists violently sexually assault me. (Well I thought I might as well get them all out the way!) The studio owner ignored me & blocked me on multiple accounts. The abuser even looked on my LinkedIn (cut these people & they bleed audacity). This tattooist still works there. He’s conspired with other tattooists to get his story straight (he says it was a ‘misunderstanding’ … I don’t know which part of me crying & saying please let me go home when he’d corned me into a wall was a misunderstanding but HEYHO). I rang one tattooist the morning after the attempted rape, traumatised. He’s lied for him from the start. The reason I emailed was because I didn’t want to drag the studio’s name into it. They didn’t even just reply to say they were looking into it? Nothing. Blocked. Like all the other tattooists I’ve told, it’s easier to ignore me & make me disappear. Women’s safety is not a priority. Holding abusers accountable is not a priority. Money & egos rule all. #me too #tattoometoo” #me too #tattoometoo”
“I’ve named the studio and tattooist in question now after hearing more stories / info from others! Billy Hay of Bath Street Tattoo! Thank you so much for your support everyone. After a decade of being silenced and shamed this one was really hard to do. Full story on Facebook.”
“I didn’t share the name of this scumbag to protect the woman who owns the studio, but fuck it, she isn’t protecting any other women”
“BILLY HAY” and “BATH STREET TATTOO”
“An amazingly brave human informed me of what Bath Street Tattoo are saying. They’re telling anyone sharing the truth about what Billy Hay did to me that I’m lying & ‘they’ve now put their name forward to the police’. I WAS THERE. I was the one he pushed against a wall and tried to rape. I was the one who ran home in a pair of tights because he managed to remove my shorts. The one who had to beg him to let me go, while he undid his trousers, masturbated and told me to ‘suck it’. And that he ‘wouldn’t let me go home until I’d taken my shorts off and bent over’. Don’t you dare say these are false accusations. I don’t even know the fucking bloke. I don’t want to jeopardise anyone’s career, I have no personal vengeance, all I’m doing is reporting someone for sexual assault & protecting others. Why would I put myself through this then, and now … 11 years later? It’s horrific. Here’s the full details, which I spared before because it’s grim: [a link was then posted to the telegra.ph publication].”
“As you are very well aware your whole account of the events said to justify the allegations is completely false and a work of fiction. Our client has met you once in his life. You danced and chatted in groups but that was all that happened between you. Your account of what supposedly happened on your way home is neither credible nor true. Even taken at face value your story is riddled with inconsistency and improbability.”
“I have been diagnosed with PTSD, anxiety and depression following the sexual assault I strongly believe the claimant committed. The sexual assault served as a catalyst for mental health problems in my final year of university and to this day…”
“…I remembered that we had a moment where we almost kissed, but Ms Cresswell pushed away at which point I said something along the lines of ‘oh I’ve read this wrong’ or something like that. I remember it was slightly awkward and embarrassing and Ms Cresswell had gone round the corner to the right and to my right and I remember saying ‘woah’ as I got a surprise. I turned the corner and I’m not 100% sure if we walked for a bit and then Ms Cresswell took a seat on some stairs or if this was directly around the corner. But I remember Ms Cresswell sitting on stairs above my eye level and I was stood on the pavement down from her and we chatted for a few minutes. I didn’t go up the steps but stood and talked to her for a short time before returning to the night club. I can’t now remember what we discussed but I probably apologised if I had misjudged the situation. We said bye, I left her sitting on the stairs and I turned back and went into the nightclub.”
“a. In May 2010 the Defendant was 20 years old and was studying Magazine Journalism at the University of Sunderland. b. On the night of 27-28 May 2010 the Defendant was celebrating the end of her second year of university at the ‘Passion’ nightclub in Sunderland. During the evening the Defendant was introduced to the Claimant by their mutual friend Richard ‘Bez’ Beston. c. During the Defendant’s walk home from the nightclub she was very seriously sexually assaulted by the Claimant as follows. i. As the Defendant went to leave the nightclub the Claimant, who was near the exit offered to walk her home. The two then walked together through the city via Blandford Street and The Bridges Shopping Centre, until they reached a tunnel attached to Crowtree Leisure Centre, leading to Bishopwearmouth Green, less than 5 minutes walk from the nightclub. ii. At the tunnel, the Defendant because uneasy and told the Claimant she would continue home by herself. The Claimant tried to kiss the Defendant and she stepped back. The Claimant became aggressive, asking why the Defendant had led him on during the evening if she was not willing to take things further. iii. The Claimant backed the Defendant into the wall of the tunnel, pinned her arms to the wall, then undid the button of the Defendant’s shorts. In seeking to escape, the Defendant crouched. The Claimant undid his own trousers, removed his penis and began masturbating, telling the Defendant, ‘suck it’. The Defendant stood up. The Claimant placed his arms either side of her, preventing her escape. He pulled down her shorts, which fell around her ankles making it impossible for her to run. iv. The Defendant asked to be allowed to go home. The Claimant responded, ‘bend over and I’ll let you go home then’. The Defendant, who was still wearing tights and underwear, tricked the Claimant into thinking she would remove them if he loosened his grip and stepped back. He did so and the Defendant was able to free her ankles from her shorts, duck under the Claimant’s arm and run away, leaving the shorts and her belongings including her keys, money and phone at the scene.” i. As the Defendant went to leave the nightclub the Claimant, who was near the exit offered to walk her home. The two then walked together through the city via Blandford Street and The Bridges Shopping Centre, until they reached a tunnel attached to Crowtree Leisure Centre, leading to Bishopwearmouth Green, less than 5 minutes walk from the nightclub. ii. At the tunnel, the Defendant because uneasy and told the Claimant she would continue home by herself. The Claimant tried to kiss the Defendant and she stepped back. The Claimant became aggressive, asking why the Defendant had led him on during the evening if she was not willing to take things further. iii. The Claimant backed the Defendant into the wall of the tunnel, pinned her arms to the wall, then undid the button of the Defendant’s shorts. In seeking to escape, the Defendant crouched. The Claimant undid his own trousers, removed his penis and began masturbating, telling the Defendant, ‘suck it’. The Defendant stood up. The Claimant placed his arms either side of her, preventing her escape. He pulled down her shorts, which fell around her ankles making it impossible for her to run. iv. The Defendant asked to be allowed to go home. The Claimant responded, ‘bend over and I’ll let you go home then’. The Defendant, who was still wearing tights and underwear, tricked the Claimant into thinking she would remove them if he loosened his grip and stepped back. He did so and the Defendant was able to free her ankles from her shorts, duck under the Claimant’s arm and run away, leaving the shorts and her belongings including her keys, money and phone at the scene.”
“The Defendant had a duty to communicate, and Ms Sweeney as the Claimant’s employer or business partner had a corresponding interest in receiving, the statements complained of given that the Claimant would routinely come into intimate contact with unaccompanied female clients at the business co-owned by Ms Sweeney, which clients Ms Sweeney and her business had a duty to protect from sexual assault.”
“a. The prevalence of sexual abuse committed in the tattoo industry which at the time of publication was a matter of significant public concern (with the issue becoming known by the epithet, ‘Tattoo MeToo’); b. The need to protect women from sexual abuse in any setting; and c. The failure to prosecute cases of sexual abuse.”
“felt she had a duty to speak up about her experience with the Claimant in order to protect other women”; xi) Between20 May 2019 and1 July 2020 she had posted a blog post, Instagram post and Facebook post describing prolong emotional abuse inflicted upon her by a different man while they were in a relationship and a description of how he had raped her after the end of that relationship. She had identified the man by name and she had been contacted: “by many women thanking her. As a result four women disclosed that they had also experienced abuse from the same man”
“in that she did not believe the words to be true or was reckless as to their falsity”
“ATTEMPTED RAPE MALE WALKED CLLR HOME FROM PASSION NIGHT CLUB & HE PINNED HER DOWN & TRIED TO HAVE SEX WITH HER. CLLR STS SHE HAD TO RUN AWAY FROM HIM. DESC MALE; 5FT10, MEDIUM BUILD, POSS WEARING DARK CLOTHING, BLONDE FACIAL HAIR, WM [white male] AGED APPX 22/23 YRS. CLLR STS SHE WAS QUITE DRUNK & STS THAT THE NIGHT IS HAZY. CLLR ALSO STS THAT SHE HAD TO RETURN TO THE SCENE OF TEH [sic] CRIME TO RETRIEVE HER SHORTS & BAG.”
“THERE ARE A LOT OF INCONSISTENCIES WITH THE IP’S ACCOUNT, IT WILL NOT BE CRIMED DUE TO THE FOLLOWING: THE IP STATES SHE HAS DREAMS ABOUT BEING RAPED, SHE HAS LEFT PASSION NIGHT CLUB AND GONE WITH AN U/K MALE UP HOMESIDE AND TURNED RIGHT ONTO MARATINE TERRACE ENTERING THE REAR LANE, IP STATES HE TRIED TO KISS HER AND THEN CHANGED HER STOREY [sic] LATER TO THAT SHE DID KISS HIM IN THE REAR LANE. SHE HAS THEN LEFT THE REAR LANE I/C OF THE MALE TURNING LEFT BACK ONTO HOLMESIDE, TURNING RIGHT ONTO GREEN TERRACE HEADING TOWARD THE LEISURE CENTRE, WHERE THE ALLEGED ASSAULT OCCURRED. THE IP THEN STATED HE HAD PUSHED HER TO THE GROUND AND PINNED HER DOWN, SHE THEN CHANGED HER STOREY STATING HE HAD NOT PINNED HER DOWN AND WAS NOT ON THE GROUND AT ANYTIME AND THAT HE WAS JUST STOOD IN FRONT OF WHILE HE MASTURBATED, HE HAS ASKED HER TO TOUCH HIS PENIS AND SHE REFUSED, HE HAS THEN CARRIED ON MASTURBATING AND AT THE SAME TIME WHEN SHE HAS STEPPED FORWARD HE HAS TOOK HOLD OF BOTH HER UPPER ARMS AND MOVED HER BACK. SHE HAS THEN RAN AWAY FROM HIM MAKING HER WAY DOWN TO LOW ROW, RUNNING PAST REVOLUTION AND UP PAST FEL FEL, ONTO HYLTON ROAD, WHERE SHE HAS SAT ON HER STEP AS SHE STATES SHE LEFT HER BAG AT SCENE ALSO HER SHORTS WHICH SHE CAN NOT REMEMBER IF SHE TOOK THEM OFF OR HE DID, THERE IS NO DAMAGE TO THE IP’S CLOTHING. SHE HAS THEN BEEN APPROACHED BY A NEIGHBOUR ACROSS THE STREET WHO TOOK HER BACK TO THE SCENE WHERE SHE RECOVERED HER BAG. CCTV HAS BEEN RECOVERED FROM REVOLUTION BAR IT SHOWS THE IP WALKING PAST AT THE ALLEGED TIME OF THE INCIDENT. SHE IS FULLY CLOTHED, CARRYING HER BAG AND I/C OF A MALE, SHE LOOKS AT NO POINT DISTRESSED. THE BEDSITS ACROSS THE ROAD HAS BEEN CHECKED AND [REDACTED] IP THEN STATED SHE MET THIS FEMALE FURTHER DOWN [REDACTED] THE ROAD AND NOT OUTSIDE HER FRONT DOOR. WHEN ASKED ABOUT THE CCTV SHE STATES SHE CANT REMEMBER WALKING HOME WITH A MALE AND THAT SHE MUST NOT HAVE LEFT HER CLOTHES AT THE SCENE. WHEN QUESTIONED ABOUT THE FEMALE SHE STATES SHE HAS WALKED BACK TO THE SCENE WITH, SHE CHANGED HER STOREY [sic] SAYING SHE NOW COULD NOT REMEMBER IF SHE DID OR NOT. IP COULD GIVE NO EXPLANATION AS TO WHY THE FOOTAGE SHOWS HER WALKING PAST FULLY CLOTHED. WHEN ATTENDING THE ADDRESS FOR THE SECOND TIME THE IP’S MOTHER WAS PRESENT SHE HAD GIVEN HER MOTHER A DIFFERENT ACCOUNT, STATING THERE WAS A GROUP OF MALES AND THAT ONE HAD MASTURBATED IN FRONT OF HER AND SHE HAD THEN RAN AWAY FROM THEM. SHE CAN GIVE NO DESCRIPTION OF ANY PERSONS.”
“Ninaaa! Im just checking you haven’t been abducted by the pervy old man who wouldn’t leave you alone haha x”
“Hiya, who was that bloke and what was he doing? Someone tried to attack me on the way home and the police don’t believe me xx”
“Oh my god seriously :O what the hell happened? Are you ok??? I can’t really remember, but he was proper all over you, think he was an older guy :S xx”
“Ha ha What you mean left with some body?? What happened … Billy left with me think he’d rather have left with you tho ”
“I let [sic] with someone before passion closed and they were being weird and I don’t know if it was him cos I was mortal! X.”
“where you out last night? X”
“Yeah I spoke to ya in the smoking bit of passion ya div! I was fucking mort like! X”
“same like I remember but I wasn’t sure good night?”
“(Defendant): not really some weird cunt tried to rape iz when I was walking home, luckily I got out from where he’d cornered iz and ran, I think I know who he is but I was so drunk I cannit be 100% and the police didn’t believe me they thought it was all “just a dream” and were gonna arrest iz, even though I had a witness. She was a “figment of me imagination” as well. I fucking hate the police man. (Mr Dee): fucking hell bad crack like they are just a bunch of cunts like do anything to get out of doing abit paper work (Defendant): yup..you don’t know anyone who works in passion who would be able to get ahold of cctv from that night do ya? (Mr Dee): I’m sure if you ask the bouncers they will beable to get it,do you now racka? (Defendant): the police took some footage but they were like “you left passion with your jacket on” and theres no way I did cos I left it at the bar and me mate marie has it. So they’ve looked at the wrong person.. no I don’t is he a bouncer like, is he on here? (Mr Dee): aye he is good mates with the owners son he should be able to help” (Defendant): neil racka rackstraw (Mr Dee): aye that’s him im sure he will be able to help ya out (Mr Dee): nee probs pet,where do you live? Not in a weird way just if ya live near fulwell roker way ya can jump in a taxi with us next time so ya get home safe x (Defendant): I live in hylton road, I usually go home with people but me housemate was spiked and everyone went with him and didn’t think, thanks like! I’ve sent that lad a message I really hope he can get the footage.. I know theres loadsa rule ive looked it up and its shit like you need to apply for it pay money for each part you look at and you have to prove ya identification and shit right faff on!! X (Mr Dee): nah I rekon with something like this he will beable to help ya x”
“some bloke tried to rape me on Thursday night Fucking sick cunt But I was so drunk I couldn’t prove a thing, who he was or anything And the police said I was lying and “it was all a dream” and were going to arrest me for wasting police hours Really long story but they even said I made this woman over the road up who was a witness, was a “figment of my imagination” the I spoke to her in the street and she relayed everything that had happened to me, she said he’d pinned me against the wall and got his dick out and started wanking himself off and wouldn’t let me go until I’d “took me shorts down and bent over” it was fucking horrific, he was a fat cunt so I managed to get out from under his arm and run left my bag there with my phone everything in and my shorts which he’d got off me but apparently I’m making it up, so that that. can’t do anything at all I think I know who did it though he’s called billy hays xxx”
“(Ms Roberts): “OMG are you ok that’s sick fucking police man bunch of cunts could you remember what he looked like or too drunk I hope you’re ok are you home now???? Ergh i can’t believe it im really in shock at least you got away i hope he dies sick bastard!!!!!!! im pretty much finished so will have to have a catch up somtime hope yo’re ok really cant imagine what you are going through. is there no way you can get evidence?? really hope he gets […] he deserves xxxxxx” (Defendant): “I think I can but I don’t know, they looked at all the wrong cctv footage cos I was like you will see me running away from him and they were like nina you were fine you were walking fully clothed, with a man in a beanie hat and tracksuit that “man” was the scruffy pissy tamp woman from hylton road who helped me out, obviously they couldn’t’ tell on cctv, so they only looked at the footage from half 6 AFTER I’d gone back to the scene and picked up my bag and shorts. But if I told them anything else I’m worried I’ll get arrested cos theye already warned me, plus they won’t do a thing anyway. I’m writing to the IPCC about it but as long as I’m not 100% certain its that bloke what can a do!?They have all my clothes like they could easily see who I left with and take swabs but they wouldn’tdo anymore cos they were convinced I was lying and said “there wasn’t a crime here”
“hiya am alright, finished my second year so went out on Thursday night to celebrate and some bloke tried to rape me on me way home police said I was making it up even though I have a witness but she wasn’t in when they came so she was a “figment of me imagination” too and they were gunna arrest me for wasting police time I was like why the fuck would I make up this shit and stay awake all night doing fucking statements I fucking hate the police like no wonder no one reports rapes and shit tehsedays cos there is no justice whatsoever thank god I got out from under his arm and ran tho the horrible fat ginger cunt I think I know who it was he’s called billy hay but I cant be 100% sure cos I was so drunk but all I know is when I saw a picture of him I felt sick to me stomach and felt like crying and remember his piercing but what if it wasn’t him I cant go round throwing accusations about but someone pinned me against a wall cornered me got his dick out was trying to make iz wank him off and I was like please let me go I wanna go home and he goes “as soon as you take off your shorts and bend over I will” and he also said “you’ve led me on all night why ae you being like this” which makes me think its defo him cos I was talking to him in passion I got out from under his arm, ran for me fucking life! It’s a really long story anyway but its done with now I can do anything cos the police were gunna arrest me. Fucking hate them man xx”
“So did you find put [sic] who it was”
“Nope, pretty sure it was billy. Was between 4, 5 o’clock. But can’t get CCTV, can’t prove a thing”
“Sunderland is full of CCTV .. Go see the police don’t let it go .. But I do know billy left with me lousie and her sad goth boyfriend at closing time (it’s been a long time since I’ve been out they used to close at two!!) how drunk where you. Hope your ok.”
“apparently someone mentioned it to him and he went fucking silent”
“Been thinking of outing him for a while, so looked to see if he was on Facebook. Literally shaking seeing his face.”
“STILL friends with him” and Bez: “who said he didn’t want to know about it”
“…Turns out, Sam is still friends with the blubbery ginger sicko that is Billy Hays – a tattooist who tried to rape me when I was 19. He followed me out of the club, pushed me into an alley and got his rank little orange nob out and told me to suck it. I did not so then he pinned me against the wall and undid my shorts. All while I was crying and begging him to let me go home. “But you’ve led me on all night …” he says, angrily…”
“Heard you nearly got RAPED, Nina!”
“I remember someone telling me about this years ago and I actually tattoo an[d] old friend of hers and she said the girl in question is crazy”
“the girl said I was a bit rapey and I actually started crying at the afterparty at Liverpool convention”
“and go to the police man. I’m shaking”
“So sorry to message you out the blue but I’ve just been sent a very distressing article written by Nina Cresswell. The reason I’m messaging is, do you remember you said to me at Liverpool convention, that your friend said I was a bit rapey in the club and I got super upset and started crying? Well she mentioned that a friend asked me about it and I brushed it off. I’m going to go to Police about this, she has named me and my shop and it’s all lies. She’s written a full article basically saying I tried to rape her. Again, sorry to message out the blue but you are the only person that’s said anything like that to me and the only person since so I didn’t really know where to turn other than the police.”
“as she’s the only person that’s ever mentioned this situation”
“me him and Damo went for chicken when the club closed and walked home together. He reckons the lassie was trying it on with me in the club. He said she was over dancing a bit and that was about it”. (Mr Beston indicated in his evidence that he did not remember this call and he did not suggest that this was his perception.) Mr Jackson then made some negative remarks about the “300 girls” he believed were in the support group, including: “This super supportive culture is good for nobody. There is no reasoning. I feel like we (men) are trying to reduced to below women (not equal rights) and this is just one of the steps to do it”
“absolutely gutted … still shaking”
“I’d try not get too het up about it all man. I know it’s hard but you just need to get the police involved and try get that girl prosecuted for Libal [sic]. Fucking bullshit man.”
“About 21.25 hours on16 June 2020 , I was made aware of a blog type post that had been posted anonymously on the internet. This post was mentioning a night out I had in Sunderland about 11 years ago and stated that I had pinned a girl against a wall and assaulted her. The post was horrendous and was saying I had done something horrible which I hadn’t done. I remember parts of that night, but definitely nothing like that happened. I don’t remember the woman who was supposedly involved, but I am worried that this is an attempt to discredit me and my work.”
“false accusations and as of which Nina Cresswell is currently being investigated by the police”
“I do not know why [redacted] is saying these things about me but I am very alarmed by the things she is saying. I am scared that there is going to be a reaction and that myself or [redacted] are going to get hurt as a result of these lies that are being told”
“CALLER REPORTED AN ATTEMPTED RAPE 1OYRS AGO WHICH WAS NOT CRIMED AT THE TIME. CALLER WISHES FOR THIS TO BE RE-LOOKED INTO AS FEELS IT WAS NOT INVESTIGATED FULLY. SHE STATES SHE WAS MADE TO FEEL BAD BECAUSE SHE WAS DRUNK, AND WHEN SHE TOLD OFFICERS ‘THIS FEELS LIKE A BAD DREAM’ AT THE TIME, THE OFFICERS TOLD HER THAT SHE TOLD THEM SHE DREAMED ABOUT BEING RAPED, WHICH WAS NOT THE CASE.”
“IT CAME TO LIGHT THAT NEXT DAY THAT THE MALE IS KNOWN AS BILLY HAY FROM SCOTLAND… THERE HAVE BEEN OCCASIONS OVER THE YEARS AT TATTOO CONVENTIONS WHERE BILLLY HAY HAS BEEN APPROACHED ABOUT THE ALLEGATION. HE TOLD TWO SEPARATE PEOPLE THAT THIS HAD BEEN A ‘MISUNDERSTANDING’, BUT THEN CHANGED THIS TO STATE HE HAD BEEN WITH A MALE THE WHOLE NIGHT AND NOT WALKED HER HOME. CALLER IS INVOLVED IN THE TATTOO AND BODY PIERCING INDUSTRY, AND STATES THERE IS A MOVEMENT CURRENTLY CALLED ‘TATTOOMETOO’ WHICH AIMS TO OUT POTENTIAL SEXUAL PREDATORS FROM WORKING IN THE INDUSTRY. CALLER HAS CONTACTED THE BUSINESS PARTNER OF BILLY HAY TO MAKE HER AWARE OF WHAT HAPPENED 10YRS AGO. SHE WAS UNAWARE THAT THE BUSINESS PARTNER IS ALSO IN A RELATIONSHIP WITH HIM. THE FEMALE BLOCKED THE CALLER”
“… all I remember is that you left before me and left your leather jacket at passion and I took it home, and when I rang you the next day you were saying someone had followed you and pinned you down and you had to run off and you were really shook up about it". In a subsequent message she said: “I do very vaguely remember some guy you didn’t know very well keep trying to dance with you and I have a flash of memory in my head of you laughing and finding it funny…However I do very much remember how shook up you were the next day on the phone and I had no doubt in my mind you were telling the truth…”
“THE STRENGTHS AND WEAKNESSES OF THE EVIDENCE ARE APPROPRIATELY OUTLINED AND IT IS CLEAR THAT THE WEAKNESSES FAR OUTWEIGH THE STRENGTHS. THIS INCLUDES INCONSISTENCY IN NINA’S ACCOUNT, RANGING FROM HER BEING PINNED DOWN AND RAPED, TO SUSPECT MASTURBATING HIMSELF IN FRONT OF HER, THEN CHANGED TO A GROUP OF MALES MASTURBATED IN FRONT OF HER. CCTY ENQUIRIES AT THE TIME REVEAL CONFLICTING INFORMATION TO THAT PROVIDED BY NINA. THERE IS NO FORENSIC EVIDENCE. TO ADD FURTHER CONJECTURE, IT IS ENTIRELY POSSIBLE THAT SOMEONE OTHER THAN [redacted] INTERACTED WITH NINA ON HER WAY HOME; HOWEVER NO EVIDENCE OF THIS WAS PROFFERED AT THE TIME. … IT APPEARS SUFFICIENT ENQUIRIES WERE MADE AT THE TIME TO ESTABLISH THERE WERE SIGNIFICANTLY UNDERMINING INCONSISTENCIES IN NINA’S ACCOUNT, WHICH WASN’T AT ALL DISMISSED AS LIES. RELEVANT ENQUIRIES WERE CAIRRED OUT AT THE TIME, AND RECORDED ON THE POLICE INCIDENT LOG… IT IS WORTH NOTING THAT IF THIS REPORT WAS MADE IN 2021, NINA WOULD BE SPOKEN TO WHEN SOBER, AN SSAIB BOOKLET COMPLETED, THEN PERHAPS A FORENSIC MEDICAL OFFERED … IN THE ABSENCE OF CLARITY FROM NINA, THIS WOULD BE THE ONLY WAY TO DETERMINE WHETHER PENILE PENETRATION (OR OTHER SEXUAL CONTACT) TOOK PLACE… THIS MATTER WAS REOPENED IN 2020 AND CORRECTLY RECORDED AS A CRIME. FURTHER ENQUIRIES WERE CARRIED OUT TO TODAY’S INVESTIGATIVE STANDARD … I NOTE THE STRENGTHS OF THE INVESTIGATION AND I AM NOW SATISFIED THAT THIS REPORT IS THOROUGHLY EXPLORED. …IT SHOULD BE NOTED THAT, WHILST THIS IS RECORDED AS AN ATTEMPTED RAPE, THERE IS NOTHING IN NINA’S ACCOUNT THAT SUGGESTS AN ATTEMPT RAPE OCCURRED.”
“CRESSWELL STATES THAT SHE PUBLISHED THE INFORMATION ON HER SOCIAL MEDIA PAGES IN ORDER TO SAFEGUARD OTHER WOMAN [sic]. SHE STATES THAT TATTOO ARTISTS ARE SOMETIMES IN A POSITION WHERE THEY ARE WORKING ON NAKED / SEMI NAKED FEMALES AND THAT SHE WAS TRYING TO SAFEGUARD THESE WOMEN. …SHE BELIEVES THAT THE INFORMATION SHE POSTED WAS ACCURATE AND TRUE…” …SHE BELIEVES THAT THE INFORMATION SHE POSTED WAS ACCURATE AND TRUE…”
“changed his story from ‘never leaving the club with me’ and admitted he left with me. Admitted it was him in that alleyway with me. Admitted he tried to kiss me and I didn’t want to…”
“all the defences stand or fall on the finding of the court as to the truth or otherwise of the allegations made in the various publications”