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  • No one "heard" John Terry say anything. Only a lip reader watching a video could catch it. It is necessary for someone to hear the offending words. As no one did the case will, rightly be thrown out. The video cannot capture the entire context and, if the context was as Terry asserts or if the prosecution cannot prove beyond reasonable doubt that it was not, which they cannot, the case will be thrown out.

    The prosecution have employed an age old tactic. They know they cannot get a conviction and so they charge with the most serious offence that they can, knowing they will fail. No one can say that they did not throw the book at Terry. Terry will walk. The prosecution will have done its utmost but will not then be obliged to prosecute every single instance where someone may have said or mouthed something inappropriate.

    Harry is in an altogether more difficult place. HMRC want a conviction and want gaol time. They will probably get it. In the current climate they cannot have an acquittal and so have brought a very strong case.

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