UK Radio Amateurs in Court

Since the 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and far between, and the over zealous enthusiasm shown by the RA, in the area of trivial prosecutions, seems to have been replaced by a more sensible and realistic policy.

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 was used. 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.

"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.
Michael 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 such cases.

"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 friend.

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!]

Mouth To Boot Resuscitation

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 arresting him.
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 the ground.
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 Complaints Commission.
"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 Eveley.

QRZ  News Groups

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.

Radio ham 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.

Magistrates 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 for.
"A handcuff had been put on to my left wrist with huge force.

Eleven 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."

Peter 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.

"The state 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.

Nick Fridd, 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".

When asked 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 Devizes.

Unlicensed in Bradford

The Radiocommunications Agency has successfully prosecuted a Bradford man for unlicensed use of radio equipment contrary to Section 1 of the Wireless Telegraph Act 1949.

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.

Radiocommunications 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 2003.

All apparatus seized was ordered forfeit.

Halifax, Discharge & £50 Costs

A Halifax 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 radios.

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, TWICE!!

Keith Jermey, 45, of Clicket End, Basildon, has been convicted of using offensive language while communicating across two south east counties.

Basildon Magistrates 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 G7WCM.

Bugger Me, He's done it again!!

27 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 similar offence.

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 equipment.

We wish to thank Peter Crossland G6JNS for keeping us informed about current prosecutions. This page would not exist without his kind help.[SOC]