‘Jokey’ messages to private groups lawful, High Court told in ex-Pcs’ appeal

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Former police officers Jonathon Cobban and Joel Borders have brought appeals against their convictions to the High Court.

Sending “jokey” messages to a closed group of people who will not be offended by them is lawful, the High Court has heard in the appeal of two former police officers who shared “grossly offensive” messages in a WhatsApp group with Wayne Couzens.

The messages were discovered after Couzens’ devices were searched after his arrest for the kidnap, rape and murder of 33-year-old marketing executive Sarah Everard in March 2020. He said: “If one looks at the word indecent, it would be absurd to conclude that it applies to wanted indecent messages.” He later told the hearing that the “necessity” of regulating public or targeted statements is different from private, consensual messages.Jocelyn Ledward KC, for the DPP, said there were no errors of law in the previous judge’s decision-making and that the men’s argument over the law is “fundamentally misconceived”.

In another, Cobban joked about sexually abusing domestic violence survivors whom he said “love it… that’s why they are repeat victims more often than not”.

 

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