MR JUSTICE JOHNSON
Approved Judgment
Hegab v Spectator
narrative” by Charlotte Littlewood, published by the Henry Jackson Society, and
“Cyber Social Swarming Precedes Real World Riots in Leicester: How Social Media
became a Weapon for Violence” by Prasiddha Sudhakar, Alex Goldenberg and others,
published by Rutgers University Center for Community Protection and Resilience.
40.
In the supplementary written closing submissions for the claimant, those reports are
criticised. It is not necessary to resolve those criticisms. That is because I agree with a
further submission that is advanced on behalf of the claimant that it would not be right
to treat “the Leicester unrest” as a single event with an assumed unitary cause. It
comprised a series of events which may have had different causes or a different mix
of contributing causes.
41.
Notwithstanding the evidence produced by the claimant (I acknowledge that there are
many references to “the Hindutva” in contemporaneous reports), it is not necessary, or
possible, in this litigation to resolve questions as to the (possibly complex) causes of
the violence. That requires an altogether different form of enquiry. For the same
reasons, it is not necessary to determine whether, or the extent to which, the Hindutva
played a role in the unrest. The focus of this case is whether the truth defence is made
out. That does not depend on the precise causes of the violence, but on whether the
defamatory imputation conveyed by the article is substantially true.
The claimant’s evidence
42.
The claimant is highly educated. He has degrees in Islamic studies, politics, history
and theology. He is completing a doctorate in philosophy of religion. He has
undergone 11 years of Islamic training; he has memorised the Quran. He is fluent in
classical Arabic and in Egyptian Dialectical. He has published widely. He has
multiple successful social media channels, most prominently YouTube on which he
has hundreds of thousands of followers, and his material has been viewed tens of
millions of times. He has monetised his output to secure an income. He is an
accomplished public speaker and debater. He is tall and has an imposing physical
presence.
43.
As a witness he was combative and constantly argumentative. He sought, at every
turn, to debate with counsel, responding to questions with (rhetorical) questions of his
own, arguing his case rather than giving straightforward responses, and denigrating
the character of the second defendant to whom he bears palpable personal animosity. I
am satisfied that he lied on significant issues, with the consequence that his evidence,
overall, is worthless. Specifically, I am satisfied that he lied in respect of the event at
Golders Green, the counter-protest at the rally for Israel, the seminar on Hinduism at
the Sapience Institute, his repudiation of vigilantism, his evidence as to the
involvement of the Hindutva, his evidence about his choice of language in his speech,
and his evidence in support of his claim for financial losses. I address each in turn.
44.
Golders Green: The video shows that the claimant was using the van as a prop. When
this was put to him, he denied it: “how could I use it? It’s not mine… it’s not my van;
it’s nothing to do with me... I didn’t even know where that van came from.” Later he
said (in respect of the images displayed on the van) “I don’t know anything about
what is going on the van.” The denial that he was using the van as a prop, and his
assertion that the van had nothing to do with him, was untrue. The claimant was