Graham Linehan says ‘police failed in their duty’ after having conviction for damaging trans activist’s phone overturned
Graham Linehan, co-creator Father Tedhas accused police of bias against transgender rights activists after the conviction of a transgender campaigner for criminal damage to her mobile phone was overturned.
The decision comes after Linehan was found to have damaged Sophia Brooks’ phone during a confrontation outside the Battle of Ideas conference in Westminster on October 19, 2024.
Lady Justice Amanda Tipples delivered the verdict on Friday, leaving the 57-year-old smiling in the public gallery and appreciating his supporters.
The Irish TV writer told Southwark Crown Court that the decision was “very welcome but this case should never have come to court”.
He said: “There is a disturbing pattern of police forces across the country repeatedly ‘believing’ trans rights campaigners, despite overwhelming evidence of malicious complaints being made against campaigners critical of gender equality.
“The police failed in their duty to conduct a proper and fair investigation, choosing instead to support one side of an argument over the other.
“All of this has eroded public trust in the police.
“We are tired of two-tier policing and I hope with today’s decision this will end.”
Linehan added: “I have suffered greatly in my fight to protect women and children from what I believe is a dangerous ideology.
“But I’m proud that I never gave up and never will.
“I stood up with the support of friends and strangers, from women’s rights groups to London taxi drivers who took the time to stop and shake my hand.”
He thanked his legal team and the Freedom of Expression League.
Mrs Justice Tipples, assisted by two judges in the appeal, told the court: “Having considered all the evidence before us, we cannot be certain that the damage to the complainant’s phone was caused by Mr Linehan on the evening of 19 October 2024.
“We therefore find Mr. Linehan not guilty.”
One fan shouted “Yes!” The judge was interrupted when he shouted: from the public gallery.
He paused and said: “There will be no more interruptions, otherwise I will ask you all to leave the field.”
After the judge stood, Linehan’s supporters congratulated and hugged each other with cheers and applause.
The complainant was not in court when the judge returned his decision.
Mrs Justice Tipples explained that there was no contemporaneous evidence to show the state of the phone immediately before or after the incident.
He also said that the report Ms Brooks prepared on the evening of October 19, 2024, made no mention of damage to her phone, but rather harassment.
Citing an email Ms Brooks sent to the police, the judge said: “It is not possible for the complainant to take her phone to the Apple Store until November 7, 2024 to assess the damage Mr Linehan ‘may have caused’.”
He added that the panel had been “careful” about the evidence given by the complainant in the case at a hearing at Westminster Magistrates’ Court last November, when Ms Brooks admitted in cross-examination that a conviction against Linehan would be “scalp or medal”.
At the hearing in the Criminal Court of Peace, the prosecution addressed the complainant according to her “approved gender name”, while Linehan’s attitude was that “the complainant is male”.
Following the hearing, District Judge Briony Clarke cleared Linehan of harassing Ms Brooks with a series of social media posts before and after the incident.
The Bafta-winning author was accused of harassment after branding Ms Brooks a “domestic terrorist”, a “caregiver” and an “incel”.
The judge said his posts were “extremely unpleasant, insulting and even unnecessary” but did not amount to “oppressive” behaviour.
