R.I.S. In Action
Amateurs In Court
Pirates In Court
CB Court Cases
Other Court Cases
Spot The Loony
History Of Swearing
UK Radio Amateurs in Court
Radiocommunications Agency was taken over by Ofcom, press
releases have been few and far between, and the over zealous
enthusiasm shown by the RA, in the area of trivial prosecutions,
seems to have been replaced by a more sensible and realistic
The first recorded incident of a Radio
Amateur being prosecuted must surely be that of H.J. Jesse.
|In the early hours of the
morning of 28 December, 1924.
Using the self-awarded
call sign PCII, H.J. Jesse, then an 18-year old
schoolboy, made the first two-way transatlantic
amateur radio contact from the Netherlands when he
exchanged messages with American station 2AGB.
The output stage of Jesse's home-made transmitter
comprised three vacuum tubes (valves) in parallel
and consumed 350 watts; a wavelength of 113 metres
However when news of this feat leaked out he was
prosecuted and found guilty.
He was then congratulated for his engineering
achievement and not sentenced.
We have not
been able to bring you much news of court cases recently as either
OFCOM don't bother any more, or they don't produce press releases in
the same way their predecessors did.
G6ABU - Coincidence??
9th February 2012
Nottingham reported :- MARTIN Dale, 52, of Ward Avenue,
Mapperley, will be tried for allegedly stealing approximately
£3,400-worth of property from Nottingham Trent University between
May 13 and June 30, 2010. In November he denied taking a Toshiba
laptop, Panasonic projector and Samsung monitor from York House,
1st November 2012
Nottingham reported :-
MARTIN Dale, 53, of Ward Avenue, Mapperley, has been given a 18-week
prison sentence, suspended for 12 months, for stealing. Nottingham
Magistrates' Court heard Dale was a team leader and breached the
trust of his employer, Nottingham Trent University. He stole a
Toshiba laptop, Panasonic projector and large Samsung monitor, worth
£3,400, from York House, Mansfield Road. The theft happened between
May 13, 2010, and June 30, 2010. Dale denied the charge but was
found guilty after a trial. He is now subject to the suspended
sentence. He will be supervised by the Probation Service for 12
months and has to complete 100 hours of unpaid work. There is also a
requirement to pay court costs of £620.
unconditionally bailed to appear on March 27 at Nottingham
QRZ Ham Radio
database gives the following detail for the callsign G6ABU :-
MG DALE, G6ABU
2 WARD AVENUE, NOTTINGHAM
Mapperley, NOTTINGHAM NG3 6EQ
Surely it can't be
a coincidence................. (Don't call me Shirley -
Don't call me "BOYO"!
21st October 2011
radio enthusiast Gareth Evans has been given a
three-year conditional discharge after he emailed a
school to say one of its teachers was a pornographer
and a danger to children. The teacher, Brian Reay,
was also a ham radio enthusiast and the two men met
over an internet forum for fans of the hobby.
who denied a charge of sending an
offensive/indecent/obscene/menacing message, said
for the past nine years he had been ‘goaded’ by Mr
Reay, who he claimed was racist towards the Welsh.
Evans, of Hardens Close, Chippenham, SN15 3AA,
represented himself. Of Reay he said “If he was
teaching a class and a child had the surname of
Williams or Jones, something racist may slip out as
it has done when he discusses the Welsh on the
District judge Simon Cooper found Evans guilty, and
imposed a restraining order forbidding him to
contact any employer of Mr Reay for three years, as
well as costs of £625.
See "Mouth To
Boot Resuscitation" below for more about this nu**er!
You Tube Potter Power!
27th May 2010
A New Zealand radio
amateur has been convicted for being in possession of a radio
transmitter capable of operating at a significantly higher power
than permitted by his Amateur Radio Operators General Licence. Radio
Spectrum Management prosecuted Amateur Radio Operator Alan Potter
for transmitting outside the terms and conditions of the General
User Radio Licence for Amateur Radio Operators.
The New Zealand
Ministry of Economic Development's (MED) Radio Spectrum Management
division was alerted to a You Tube video showing Potter operating at 3100 watts, far in excess of that
maximum permitted limit of 500W PEP.
He was found guilty
on 22nd April 2010, in Christchurch District Court, of breaching section 113 of the Radiocommunications Act 1989. The magistrate found the charge
proven, imposed a fine of NZ$1,750 and NZ$130 for costs to be paid
plus radio equipment forfeiture.
In a media statement the Ministry of Economic Development explained
that it had taken the action because excessive power has the
potential to cause interference to, and disrupt to other radio
services in the local area.
"Off Me Head, Your Honour!"
AN AMATEUR radio enthusiast who
tapped into and jammed a major security systems was "off his head",
a court heard.
Phelps (pictured), 26, of Westfield Close, Trowbridge, admitted
four counts of deliberately interfering with wireless telegraphy
when he appeared before magistrates at Chippenham.
The court heard Phelps, a licensed
amateur radio user, illegally hacked into systems used by Bath
University, West Wiltshire District Council and Langley Industrial
Park in Chippenham, which could have been needed in an emergency.
Lester Maddrell, prosecuting on
behalf of the Office of Communications (OFCOM), said: "He was a
licensed radio user who knew what he was doing and the potential to
disrupt the proper response to an emergency if one had happened."
Speaking out in court Phelps, who
has a history of drug and alcohol abuse, said he could have tapped
into the emergency services systems if he had wanted to but had
chosen not to. Andrew Watts-Jones, defending, said: "I want to make
it totally clear that there is no suggestion here that Mr Phelps
interfered with the emergency services, which is the main issue in
"Mr Phelps was off his head' for
most of the time whilst he was committing these offences, whilst he
still has problems things are much better than they used to be."
Between April and July last year Phelps interfered with the security
system at the university, playing music, electronic noises and
speech, for up to half an hour each time.
He caused similar disruption to the
offices of West Wiltshire District Council at Bradley Road including
one occasion on May 19 when staff could not use the security system
for two hours.
He was finally traced back to
Trowbridge at the end of June when OFCOM officers, monitoring
interference at the Chippenham Industrial Park, tracked the radio
signal to the Westfield Road flat where Phelps was staying with a
Mr Phelps admitted the offences
plus a further charge of possessing restricted apparatus, which was
broken and not used in committing these offences. He was sentenced
to a 12-month supervision order by magistrates on Wednesday, to
focus on rehabilitation and his use of drugs and alcohol.
He was also ordered to pay costs of
£100 and to forfeit the radio equipment used to commit the offences.
[Obviously NOT the same Michael
Phelps that won 6 gold medals at the Athens Olympics!, or is it?]
Mouth To Boot Resuscitation
7th March 2005
Radio ham Gareth
Evans, G4SDW, was reported to have been arrested in connection with
the harassment of an Internet chat room user.
Now Mr Evans, 54, of Hardens Close, Chippenham SN15 3AA, has made a
complaint to police that he was roughly treated during the arrest.
But police say they are confident they acted within the law when
Mr Evans, who has been bailed pending further police inquiries, was
arrested by six officers at his home on Monday 7th March 2005.
He claims he was pinned to the floor by three police officers, while
another put a boot on the side of his face and forced his head into
He said: "They carried me out by the strap of the handcuffs which
were biting against the bone." But Sergeant Matt Armstrong said
officers had made a video recording of the arrest, "We are confident
we acted within the law and if Mr Evans made a complaint then it
will be fully investigated by the Police Professional Standards
Department and could be referred to the Independent Police
"He was released on bail pending further inquiries."
Mr Evans was kept in custody overnight at Melksham Police Station
and subsequently made a complaint to Chief Superintendent Amanda
The "Punch" line,
left to his own Devizes!
Sergeant found not guilty
POLICE sergeant Richard Fullers name has
been cleared after he was found not guilty of using
unreasonable force to arrest a man.
Gareth Evans, 55, had complained Sgt Fuller, who lives near
Devizes, had unnecessarily used his foot to force his head
to the ground while he was being arrested at his home, in
Hardens Close, Chippenham, in March.
Magistrates in Chippenham found Sgt Fuller, a member of the
force's armed response unit based in Devizes who has an
unblemished career record, not guilty on the second day of
his trial on Thursday, February 9.
They said he had not intended to harm Mr Evans, who suffered
superficial facial injuries, and had not used excessive or
unreasonable force. He was alleged to have forced Mr Evans'
head to the ground with his foot.
in Chippenham heard Mr Evans was arrested at his home in
Hardens Close in connection with the harassment of an
Internet chat room user a case which has since been dropped.
The court was shown a video of the arrest and photographs of
Mr Evans' facial injuries taken after the incident. Mr
Evans, 55, spoke of his terror at the arrest, which used
what he described as "agonising force".
Giving evidence, he said: "I was upstairs in my office when
I saw a number of police coming up the road. "I came down to
the front door where they told me they were going to arrest
me. "I was in a panic and extremely frightened by so many
people. "I had been at the door for several minutes when I
was suddenly thrown to the floor. It was completely uncalled
"A handcuff had been put on to my left wrist with huge
months later and the mark is still visible. I was in a panic
that the same thing was going to happen to my right wrist
and I was flailing around on the floor. "Mr Fuller was
swearing at me continuously and I remember him saying to me
I know what to do about this'. A boot was applied for my
face and ground down hard and I gave a cry of distress. "I
was lying on the floor pinned down by a number of officers.
There was a feeling of despair as the handcuff was placed
tightly around my other wrist."
Coombe, prosecuting, said the question wasn't whether the
incident happened, but if it amounted to reasonable force.
He said: "It was clear that Sgt Fuller lost his temper and
used excessive force. "It was clearly motivated by anger and
that is reflected by the remarks he made at the time. Mr
Evans posed no risk of immediate violence.
entrusts police officers with the right and power to use
force when necessary and must be guarded against using it in
excess." Mr Evans was examined by a forensic pathologist who
found the injury on his face consistent with contact of the
boot of the type worn by Sgt Fuller.
defending, said by last June Mr Evans had made 59 complaints
to the Independent Police Complaints Commission about
Wiltshire Constabulary. He said Mr Evans aired his views of
the police force on the Internet, calling them the "we'll
s***e all over you constabulary". He also said former police
officer Roy Clarke, who was stabbed to death in his Melksham
home in December 2004, "deserved what he got".
by Mr Fridd if he shouted and screamed during the arrest to
draw the attention of his neighbours, Mr Evans replied: "No.
I was in absolute agony. I've never known such pain."
Fuller is a
member of the force's armed response unit and is based at
Unlicensed in Bradford
13th August 2003
Agency has successfully prosecuted a Bradford man for unlicensed use
of radio equipment contrary to Section 1 of the Wireless Telegraph Act
Darren McMahon, aged
35, of Morley Avenue, Bradford, pleaded guilty to four charges of
illegal installation and unlicensed use of transmitting equipment when
he appeared before Bradford Magistrates’ Court on 7 August 2003. Mr
McMahon, who is a licensed amateur radio operator, was fined £150 and
ordered to pay costs of £100.
Agency officers monitored radio transmissions being made on
unauthorised frequencies in the Bradford area in February which were
traced to premises at Morley Avenue, Bradford. They obtained a search
warrant and accompanied by the police entered the premises on 16 April
All apparatus seized
was ordered forfeit.
Halifax, Discharge & £50 Costs
5th May 2000
man's illegal radio equipment valued at £5000 has been confiscated after
he admitted offences under the Wireless Telegraphy Act.
Officials from the
Radiocommunications Agency raided a house in Spring Grove Cottages,
Halifax, after complaints from neighbours about interference to TVs and
Halifax magistrates heard
on 5 May that amateur equipment modified to operate on frequencies outside
the amateur bands was found in the possession of 49-year-old Gilbert
Whiteley, a licensed amateur radio user*. Mr. Whiteley pleaded guilty
to two charges of installation and use of illegal apparatus contrary to
the Wireless Telegraphy Act 1949. He was given a 12 month
conditional discharge for both summonses and ordered to pay £50 towards
the costs of the prosecution.
* LPWS Note
Does anyone know why the DTI do not give a station call sign for this man?
Essex man fined for offensive language,
Keith Jermey, 45, of
Clicket End, Basildon, has been convicted of using
offensive language while communicating across two south east counties.
Court (20 April) was told that, after many complaints about the use of
offensive language over both the Kent and Essex amateur repeater stations,
last August Radiocommunication Agency officers and two police officers
entered the home of Keith Jermey and removed radio transmitting equipment.
Mr. Jermey, whose amateur
radio call sign is G7WCM, denied the offence of using apparatus for
wireless telegraphy, contrary to the conditions of his amateur radio
licence. The Court found him guilty and fined him £75.00. He also denied
using offensive language while transmitting, but the Court found him
guilty and fined him £25.00. He was also ordered to pay £50.00 costs.
The Radio Society of Great Britain Limited lodged the original complaints against
Me, He's done it again!!
27th July 2000
Keith Jermy, 45, of
Clicket End, Basildon, Essex was convicted at Basildon Magistrates Court
on 3 August of using amateur radio apparatus to send messages in a form
that was grossly offensive, indecent, obscene and of a menacing character,
contravening section 3(2) of the Wireless Telegraphy Act 1949. He also
used unlicensed apparatus, breaching section 1(1) of the same act. This
conviction followed a previous one at the same court on 20 April for a
The court heard that
following complaints made by the Radio Society of Great Britain on 26
April, Radiocommunications Agency officers obtained a search warrant and,
together with local police, gained entry to Mr Jermy's premises the same
day and seized equipment. Further complaints were made and following the
monitoring of abusive and threatening transmissions, Radiocommunications
Agency officers obtained a further search warrant on the 27 April and
together with police, again gained entry to Mr Jermy's premises where
further equipment was seized. The police arrested Mr Jermy and he was
taken to Basildon Police Station, where he was later interviewed.
Mr Jermy pleaded guilty
and was given 12 months probation and forced to forfeit all the relevant
We wish to thank Peter
Crossland G6JNS for keeping us informed about current prosecutions.
This page would not exist without his kind help.[SOC]