Monday 5 August 2019

Appeal to Plaid against accusations of Trans-phobia

Plaid Appeal results  
Decided that saying “no woman has a penis” is not discriminatory.

Such statements called ‘transphobic’ by trans-activists, supported by past leader Leanne Wood, are ‘unsavory’ but not discriminatory, decided the Appeal Panel, overturning the previous decision.

Appeal panel decided - Not Guilty of ‘discrimination’  against any trans people
The decision finding me guilty of discrimination against the trans gender community by the Plaid Cymru disciplinary panel, following complaints by Mabli  Jones  an employee of Plaid Cymru at the time,  was over thrown.

Instead the appeal panel have accused me, without specifics, that I expressed my opinions on trans-gender people in an “extremely  crude and insulting way”.   

In the evidence, my only tweets that could be argued to relate to “trans-gender people” were
Women  =  adult human female
No woman has a penis
A transwoman is a man (this was a re-tweet)
Only a trans-extremist could make out that any of these is “crude and insulting”. The Panel evidently confused my strong statements on two individuals who are not ‘trans-gender’. 

Guilty of transgressing rule 3.1 iii - actions or statements potentially damaging to the party
Not Guilty of transgressing rule 3.1 ix

They have thrown  in trivial vexatious complaints …
A single tweet to Mari Arthur was considered conduct which included the ‘use or threat of violence bullying or harassment ‘
  
A single tweet to David Wilton in 2016 deleted after he raised it as issue with me,  brought to a tribunal  in Jan 2017 to be resolved by mediation which he refused  Wilton wrote “I was required to attend some sort of mediation ..with the aim of ‘Cant we all get along’ I never agreed to this fluffy
‘Let all just get along’ Same complaint sent back to 2019 Complaint panel supported by
Plaid Chief Executive Gareth Clubb, his close friend and neighbour, who then find me found me guilty of ‘conduct which included the ‘use or threat of violence bullying or harassment’‘

·         Wilton is a Director of TPAS CYMRU consultancy on tenant engagement And Plaid Cymru election candidate and campaigner Complaint 2016 tribunal decision was mediation.

 yWSvMMs8ogTO8Iv5xVqKRWusDRWtYIdkZvPuyqglmA5EnNlfF0rLwEMFV0Vj66wZoszKmXwErTjuhR02HqiAlEmF9eJRKOeIh9OveX0NLDUWHAryczve1FFeXji6piS3pnFNMp0GLwJ5tSEvzZLSCaZz44gR-gaYZ-Md3T31Tpv3kMS99mUOHQ6erljdQApouwFV-UjpWaEXIZ2s4lwBBDldXgnvwRb_6szX2ReULvEkSHcSnhukRvr6dOwB67MI declined to attend the Panel hearing because of the chair’s bias and pre-decisions, including her refusal to supply the record of the original Hearing Panel.
The Panel was supposed to consider my objections to Fflur Jones serving on the Panel and as its chair.  She had taken clearly biased decisions pre-hearing, that the ‘Minutes’ of the Panel  Hearing were the report of ‘deliberations and decisions’ required under Rule. She had refused on various excuses to disclose the actual (lengthy) record of the Hearing.  Concealing relevant documents from the Panel was contrary to Rule.  That FJ had been involved in decisions of the Hearing Panel  excluded her under Rule… from acting on the Appeal Panel .
The Appeal Panel ignored my first objection and misrepresented  my second by saying she was not involved in its deliberations.  I had documented that FJ was involved in decisions of the Hearing Panel.  The wording of the Rule…
The Appeal Panel has failed to judge on FJ’s claim that the Minutes of the Hearing Panel included its deliberations.  They did not obtain the contemporaneous report of the Hearing Panel by Emily Edwards, to compare the two. I claimed the Minutes did not properly report but misrepresented the deliberations which Rule… requires to be made.  The Appeal Panel failed to arbitrate on FJ’s refusal to disclose it to me.  In failing, they effectively backed FJ’s bias against me.
Discriminatory decisions by the Hearing Panel – my specific objection over my PTSD disability based on the Equality Act and the Panel’s refusal to make ‘reasonable adjustments’ is not addressed – no ‘deliberations’ on this are recorded.   FJ supported their decision, so backed their discriminatory action.  That she reversed the refusal for the Appeal Hearing – allowing me to use an advocate there - just emphasises that the Hearing Panel’s decision was discriminatory, therefore unfair and breached the Rule 9.3….
Re-judging the complaints against me
The Panel proceeded to review and re-judge the complaints against me, contrary to Rule  that an Appeal will not be a re-hearing .  My appeal was based on unfairness in the process, which was brushed aside. 
# unfair under the Equality Act to refuse me to use an advocate to allow for my PTSD/anxiety
# unfair process not to make the same documents (unredacted tweets) available to me. 
I refuted Plaid’s GPDR excuse for the latter.  Saying I could have found the unredacted tweets directly is untrue (in part) and fails to meet the ‘unfair’ point even if one judges it’s not ‘serious’ for my case.  Context is everything.

Absurd claim of bringing the Party into disrepute, breaching Rule
The Panel’s assertion that the 3 quoted statements “would potentially bring the party to (sic!) disrepute” is absurd.  If said to apply to the tweets on the individuals, which the Panel says are “unsavoury”, they had to consider my evidence on similar or stronger statements in tweets by Leanne Woods, including abuse to me personally, and the evidence of Plaid staff member Mabli Jones calling me ‘transphobic’.  These merit the description “confrontational and insulting”, not just “unsavoury” and thereby breach the Party’s Rule 1.1 on respecting other Plaid members.

Dismissal of complaint of discrimination against ‘trans-gender’ people
The Appeal Panel first upheld the complaint of discrimination under Rule 3.1ix (with no ‘deliberations’, it appears (p.2)) made by staff member Mabli Jones.  However, it  then judged to the contrary, that my appeal on this issue “should be upheld” ( p.3).   It says my tweets “were not necessarily discriminatory” without explaining its deliberations.  It should have referred to my evidence citing the Supreme Court decision on the ‘gay cake’ case and the need to balance the ECHR right to free expression.  It should also have referred to my point that “trans-gender people” are neither a legal category nor a category under Rule 3.1ix.
Claim my offences were ‘serious’
The Panel upheld the sanction of 12 months exclusion “after much deliberation”, yet there’s no record of their ‘deliberations’ and  no indication that they considered my evidence and arguments on the sanction being “excessive” in comparison with sanctions on others’ seriously bad conduct. 

Conclude:  Leanne’s attempt to ‘stonewall’ Plaid, by outlawing  statements hated by trans-activists (eg. ‘a transwoman is a man’) and labelling them ‘transphobia’ failed, in the sense that the Appeal Panel could only find them ‘unsavory’ but not “discriminatory”.  Mabli Jones, brought into Plaid from Stonewall by Leanne, was my primary accuser, but quit as Plaid head of staff last January.  But the flimsy case against me still counts as harassment.  It amounts to discrimination against me as a woman with a sincerely-held belief, which breaches my Equality Act rights.  This is the Maya Forstater case that top legal feminist women are running.

The case also exposes Plaid’s procedural failures
# their rule saying I could not have an advocate or rep speaking on my behalf is discriminatory under the Equality Act 2010

# they have no procedure for handling challenges against the Panel (chair) as biased and/or breaching the Rules.  Though the full Committee could take action under Rule 13, the chair and officers can just collude in blocking reference of the matter to it.

Appeal to Plaid against accusations of Trans-phobia

Plaid Appeal results   Decided that saying “no woman has a penis” is not discriminatory. Such statements called ‘transphobic’ by tra...