this post was submitted on 07 Nov 2026
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[–] Someone8765210932@lemmy.world 8 points 2 days ago

This sounds like an absolutely fucking nightmare. What makes it so sad is that you know, even now that this is public, the people directly involved will never get proper punishments, maybe some slap on the wrists and retire early.

Then there’s a bigger question. Was this a one-off? Or have other injunctions been granted, supposedly to prevent harassment, but actually silencing people even in private conversations with friends, family and the police?

How likely is it, that this truly was the first and only time this guy thought he was god and could do whatever he wants? Honestly, it doesn't even matter if the original claims were true, but imho this Justice Jay should rot in a dark cell.

[–] Arwu@programming.dev 54 points 4 days ago* (last edited 4 days ago) (1 children)

She had no lawyer. No trial. Yet she was silenced for life - even barred from speaking to the police.

It looks like the intention was then to bankrupt Ms Berki.

The judge had mentioned she had no money, but the order says:

You'd expect the judgment would contain the discussion of whether these restrictions were necessary and proportionate (or even lawful).

It does not.

A lawyer would have raised these points. Ms Berki had no lawyer.

[–] chiliedogg@lemmy.world 5 points 2 days ago* (last edited 2 days ago)

This puts her situation in a different light.

If she speaks out, she'll have her assets seized by the Court. If she doesn't speak out, she'll have her assets seized by her rapist.

If you're gonna lose everything either way...

[–] Malica@lemmy.zip 57 points 4 days ago (3 children)

This judge deserves to be removed for this Jesus fucking Christ

[–] svcg@lemmy.blahaj.zone 13 points 3 days ago

Re. "The Hon." Mr Justice Jay:

In May 2019, the Court of Appeal adopted his own terminology, describing one of Jay's own judgments as being hardly "pellucid". As well as levelling this mocking criticism at his legal writing, the Court of Appeal allowed the appeal on every ground raised, including the ground that Jay had been so overbearing, rude, and bullying to the claimant (whose first language was not English but Polish, and who was acting without legal help), that the trial had been unfair. In June 2020, the UK Supreme Court went further and found that Jay had "harassed and intimidated [the claimant] in ways which surely would never have occurred if the claimant had been represented".

He seems like an amiable fellow. It would certainly be a condign punishment if he were the first high court judge in living memory to be removed by parliament.

The entire system is corrupt. There is no law only a facade.

[–] RampantParanoia2365@lemmy.world 14 points 4 days ago (1 children)
[–] Tweak@feddit.uk 6 points 3 days ago

And the appeal court judges.

[–] Tweak@feddit.uk 24 points 3 days ago (11 children)

Gotta love it when they say behaviour that any reasonable man would find contemptible is contempt of court.

Mr Justice Jay should consider his position. Same of the judges who sat on the 3 appeals she's been denied over the last 12 years.

[–] trebor_project@lemmy.zip 8 points 3 days ago

I have so much contempt for that court

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[–] NoneOfUrBusiness@fedia.io 74 points 4 days ago (3 children)

Never in my wildest dreams would I have imagined that this is legal in a so-called democracy.

[–] 7112@lemmy.world 89 points 4 days ago (3 children)

This is the part that got me:

It prohibits Ms Berki from telling anyone what she says happened to her – not journalists, not friends, not family, and not even the police. The court also orderd Ms Berki to pay £50,000 in legal costs within two weeks (which she couldn’t afford) and authorised her bankruptcy.

[–] krashmo@lemmy.world 41 points 4 days ago (2 children)

Fuck you government, I'll say what I want. I wouldn't be able to stop myself from talking to a journalist the next day

[–] shalafi@lemmy.world 21 points 4 days ago (1 children)

I'd bring the malicious compliance in force.

"Hi Mr. Journalist. You should take a look at this injunction the court laid on me. I'm an unable to speak to you about this, but you can read it yourself. I'd be glad to come on TV and talk about how I can't talk about this."

[–] Tweak@feddit.uk 11 points 3 days ago (1 children)

The thing is the injunction also prevents anyone who knows about it from publicising it. Even taxpolicy.org.uk here are on very shaky ground, and they explicitly didn't publish parts of the order.

[–] Tomato666@lemmy.sdf.org 3 points 2 days ago (1 children)

Her MO can discuss it in Parliament without any repercussions.

[–] Tweak@feddit.uk 1 points 2 days ago (1 children)

Yes but she can't discuss it with her MP.

[–] Tomato666@lemmy.sdf.org 1 points 1 day ago (1 children)

I read something on the BBC site last night about this and Jemima Goldsmith.

I thought it said JG had obtained the injunction and not RB.

[–] Tweak@feddit.uk 1 points 1 day ago

That sounds like a different injunction?

This injunction was by Russell Brand and against his accuser, Sylvie Berki, who couldn't afford a lawyer and represented herself against him, and the judge basically steamrolled her and bankrupted her. The injunction explicitly spelled out who she can discuss it with and the list is very short.

It does seem like this specific judge had a problem with litigants-in-person, and he was acting against specific guidance on how to treat them. Regardless, his injunction against her still stands.

[–] then_three_more@lemmy.world 15 points 4 days ago (1 children)

Quiet word with the local MP so they can ask about it as PMQs

[–] Seleni@lemmy.world 5 points 4 days ago (1 children)

Bold of you to assume the local MP wasn’t a friend/fan of Russell too

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[–] Tweak@feddit.uk 11 points 3 days ago

Don't forget the bit where it explicitly names the only doctors she's allowed to speak to about this, who don't work at her GP surgery anymore. So she can't speak to a doctor about any of this except in an emergency.

[–] SethTaylor@lemmy.world 7 points 4 days ago (1 children)

I haven't seen Obsession, so I don't know the plot, but...

[–] explodicle@sh.itjust.works 4 points 4 days ago

I think it's more of a V for Vendetta sort of situation.

[–] SapphironZA@sh.itjust.works 4 points 3 days ago

That's because it's a so-so Democracy.

[–] ohulancutash@feddit.uk 4 points 3 days ago* (last edited 3 days ago)

Superinjunctions were popular at the time but are less used now. Case in point with the current proceedings brought by a Very Famous Person who wishes to restrain two news orgs from reporting serious allegations about him from several women (and from them coming forward otherwise), on the basis that he will commit suicide if it becomes public and this is a breach of his human right to life.

Back in the 2010s this would be a superinjunction with no-one even allowed to mention there is a case before the court, and the Very Famous Person even tried to supress that the news orgs in question were the Guardian and ITN, but he was refused that, and indeed his attempt at an injunction was denied on tuesday, on the basis that his mental health was up to the NHS which has him in secure detention, not up to the news media. He was given leave to appeal but unless that goes forward the stories will run.

So things have changed a bit.

[–] SayJess@lemmy.blahaj.zone 80 points 4 days ago

That’s utterly insane.

[–] Mrkawfee@lemmy.world 12 points 3 days ago (2 children)

There is no justice, only the interests of the powerful.

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[–] lemonhead2@lemmy.world 36 points 4 days ago

I hope she goes to his sentencing and does a slow clap as he gets several years

[–] Fluke@feddit.uk 7 points 3 days ago

That Ms Berki wasn't then tried for murder is a genuine fucking wonder. She's a stronger soul than I.

[–] Mulligrubs@lemmy.world 12 points 4 days ago* (last edited 4 days ago) (8 children)

The UK is a great example of what happens when you've got zero right to free speech. God knows what we will find out about the Royals when they're finally kicked out on their ass. It will be horrifying

On the other hand, at least Prince Andrew is facing legal consequences, which is more than the USA can say about Trump.

Fuck Russel Brand, lock him up for life.

The UK is a great example of what happens when you've got zero right to free speech

And America does? Even with the First Amendment, the government and rich organisations and individuals regularly silence people who say the wrong things.

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[–] zorflieg@lemmy.world 17 points 4 days ago
[–] Gpennyhigh@lemmy.world 8 points 4 days ago

How sad some powerful people protect the abusers all over the world. Do better and stop abusing others in the first place!

[–] J92@lemmy.world 4 points 3 days ago (1 children)

So does that also mean that the minutes of the trial couldn't be accessed by a journalist with use of an FOI request? Surely it was done in open court at the time?

[–] boonhet@lemmy.zip 2 points 2 days ago (1 children)

Does the UK have FOI requests?

[–] Tweak@feddit.uk 1 points 2 days ago* (last edited 2 days ago) (1 children)

Freedom of Information Act 2000

This website has a good history of freedom of information laws in the UK.

Court records are typically publicly available, unless the judge seals it. There is usually an administrative cost to access court records.

[–] boonhet@lemmy.zip 1 points 2 days ago

Ah nice, was just wondering because you usually hear FOIA in US discussions so it sounded weird that the UK would have something with the exact same name

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