A Christian couple were cleared by a court of insulting a Hijab-clad Muslim woman in what they claimed as "a sensational victory for free speech".
Devout Christians Ben Vogelenzang, 53, and his wife Sharon, 54, were cleared after a two-day trial at Liverpool Magistrates Court.
They had been charged with causing religiously aggravated harassment, alarm or distress towards their guest, Ericka Tazi, 60, under the Public Order Act 1986.
Deputy District Judge Richard Clancy dismissed the case against the couple, said they had a right to "religious freedom" and highlighted discrepancies in the prosecution evidence.
Delivering his verdict in the oak-panelled courtroom Number 4 the Judge told Mr and Mrs Vogelenzang: "You have raised the question of free speech.
"The European Union gives all of us a right to religious freedom, and people have gone to some length to preserve that integrity.
"No matter which holy book you read, they preach love. However, there are clear discrepancies about this particular situation.
"Although it is often said 'Don't speak about religion and politics' as they often prove to be a tinderbox which can be easily set-off."
He blamed the drawn-out nature of the investigation for slight discrepancies between the defendants' testimonies.
Added Judge Clancy: "The fact that you were not formally seen and charged until four months later, is an inordinate length of time, bearing in mind the penalty for this is only a fine.
"Unlike many cases, it is an unusual situation where everybody has come to this courtroom today with nothing against them, and there is no question that each of the parties is firm and honest in their beliefs."
However, the Judge went some way towards questioning Mrs Tazi's religious integrity, citing evidence that she had said: "Would you prefer me to get my tits out and wear a short skirt so you can see my backside while I get rat-arsed?"
The judge said: "That statement doesn't quite form the same religious view as was put to me on the stand.
"For the particular reasons given, I am going to dismiss the case against you, and you are free to go".
Supporters of the couple in the public gallery of the packed courtroom burst into applause and cheered as the verdict was delivered.
Ben and Sharon Vogelenzang were said to have insulted British-born Muslim convert Ericka Tazi, when she wore a a "Hijab" at their B+B Bounty House hotel in Liverpool.
The court had heard allegations that the couple's behaviour was threatening, intimidating, and abusive towards the pensioner during a row in a dining room.
Mrs Tazi had been a guest at the eight-bedroomed hotel in County Road, Aintree, for four weeks while undergoing pain management therapy at a nearby hospital.
She claimed that on 20th March the hotelier reacted angrily when she appeared wearing a full length Hijab.
She claimed that he said the garment was a sign of islamic oppression of women and directed an hour-long tirade of abuse at her as a result of her religious beliefs.
However, the counsel for the defence, Hugh Tomlinson QC, argued that Mrs Tazi's evidence was "all over the place".
"She seems to have misunderstood the difference between something which has been said, and something which has been implied."
Outside the court Sharon Vogelenzang said: "We are absolutely delighted to have been found innocent today and we are looking-forward to re-building our business.
"Would like to thank all of our family and friends, the church, Christians and non-Christians who have supported us.
Earlier Dutch-born Ben Vogelenzang had told how the prosecution had taken its toll on the business into which the couple had sunk their life savings.
Mr Vogelnzang said: "We had an agreement with the hospital to provide regular accommodation for patients and it represented eightly per cent of our income.
"Since the incident we have lost that custom and as a direct result we had to make nine members of our staff redunant.
"The whole experience has been a nightmare but we put our faith in God and we always believed that right and justice would prevail."
leggy69, newcastle upon tyne around 2 years, 1 month ago