A prominent human rights attorney has urged for an inquiry into the Crown Prosecution Service’s (CPS) choice to charge footballer Sam Kerr, labeling it an “assault on free expression.”
Geoffrey Robertson KC, the founding leader of Doughty Street Chambers and former superior of Keir Starmer, argued that there was no public justification for charging Kerr, particularly “at a time when the criminal justice system is in disarray.”
The Australian and Chelsea forward was acquitted on Tuesday of racially aggravated harassment after describing a Metropolitan police officer as “fucking stupid and white.” These remarks were made in January 2023, following the officers’ skepticism regarding her assertion of being “held hostage” in a taxi.
Robertson called for the CPS to scrutinize its attorneys who “inappropriately sanctioned this prosecution.”
He stated: “The CPS ought to conduct an investigation to understand why it was deemed necessary to pursue this case in court, especially considering the financial resources they allocated to it. This is particularly critical given the ongoing collapse of the criminal justice system due to chronic underfunding by Conservative administrations. Cases like these, which do not involve public disorder or outrage, should not be escalated to court.”
Initially, the CPS opted against charging Kerr due to a lack of substantial evidence. However, nearly a year post-incident, they proceeded with charges after PC Stephen Lovell, the officer targeted by Kerr’s comments, submitted a second statement.
In this latter statement, Lovell expressed that Kerr’s remarks left him “shocked, upset and humiliated,” a sentiment he did not convey in his initial report.
Following the verdict, it emerged that Kerr’s legal team had sought to have the case dismissed during a preliminary hearing in January, contending that there had been an abuse of process by the Crown prosecutors.
Kerr’s attorney, Grace Forbes, alleged that the CPS had breached its own guidelines, adding that a “loophole” within the victims’ right of review framework was exploited to justify pursuing prosecution a year after the alleged incident. The judge, however, dismissed Forbes’ request.
Robertson asserted that “no rational person” would conclude that Kerr’s remarks warranted a prison sentence.
A spokesperson for the CPS commented: “The role of the Crown Prosecution Service is not to determine whether a person is guilty of a criminal offense, but to make fair, independent, and objective evaluations regarding the appropriateness of presenting charges for jury consideration. In this instance, we concluded there was adequate evidence and that it was in the public interest to move forward. We honor the jury’s verdict.”
