Jewish people had a history of inventing stories of the commission of atrocities against them and it portrayed the Jewish people in a way that, as was alleged, made it likely that racial hatred would be stirred up against them if the pamphlet was distributed. Count 2 contained an allegation in identical terms against Sheppard, but a year later. 9. Count 3 related to the publication by Sheppard of the Tales of the Holohoax pamphlet in full on the heretical.com website. There was evidence from a police officer, DC Brown, who visited the site and downloaded the documents. 10. Counts 4 to 8 related to a number of other articles written by Whittle, edited by Sheppard and published by Sheppard on the heretical.com website. All the articles were alleged to contain derogatory remarks about Jewish people and black people. 11. Counts 9 to 15 related to the publication by Sheppard on the heretical.com website of a number of other documents which were likewise alleged to contain material that was threatening, abusive or insulting towards various racial groups. 12. Counts 16 related to the distribution by Sheppard of a pamphlet called “Don’t be Sheeple” which was likewise alleged to be racially inflammatory, count 17 to the possession by him on 4 July 2008 of a number of copies of that pamphlet and count 18 to the possession by him on the same date of a number of copies of the Tales of the Holohoax pamphlet. 13. Matters came to light in this way. On 13 August 2004 Professor Klug, a research fellow with the Centre for the Study of Human Rights at the London School of Economics forwarded to Lord Goldsmith, the Attorney General, a pamphlet entitled Tales of the Holohoax which had been sent to her personally. Four days earlier on 9 August 2004 a Mr Whine had written to the Chief Constable of Lancashire complaining that the same pamphlet had been received by the Blackpool Reform Synagogue. A similar complaint was made to the Western Division Police Headquarters. The Crown Prosecution Service was invited to consider prosecuting the publisher under Part III of the 1986 Act. 14. Sheppard was traced through the publisher’s address printed on the pamphlet. The Crown Prosecution Service decided that Tales of the Holohoax contained words which were abusive, insulting and possibly threatening towards a racial group, namely Jewish people and that further investigations were required to discover the extent of the publication and distribution. In March 2005 Sheppard was arrested and interviewed. It became apparent that he operated a number of websites, and registrations for 15 websites were found in his name at his home address. The websites had names such as heretical.com; klan.org; nazi.org; and whitepower.co.uk. During a review of this material it became apparent that Whittle had been writing articles under the pseudonym of Luke O’Farrell and these were published by Sheppard on his website heretical.com. 15. Having edited the material, Sheppard posted it to the website in Torrance California. In order to do this he used a format known as File Transfer Protocol. Once the material reached the server, the server then converted the format of the material to HTML which made it available to be accessed on the internet by those visiting the website, including people within the jurisdiction of England and Wales. Sheppard