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April 28 2017

START DATE

END DATE

May 2 2017

Ayo Kimathi and David Tucker v Attorney-General for Bermuda Minister of Home Affairs Executive Officer of the Human Rights Commission

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

CIVIL JURISDICTION

IAN RC KAWALEY

Eugene Johnston Dawn Johnston

Lauren Sadler-Best Allan Doughty Gretchen Tucker

FACTS OF THE CASE:

Whether impugned statements made by the 1st Applicant offensive to persons of European descent and homosexuals cross the boundaries of constitutionally protected free speech into legally unprotected ?hate speech?

SUMMARY:

Whether the impugned decisions interfered with the Applicants' freedom of expression or conscience rights

OUTCOMES:

Respondents achieved substantial success Applicants lost overall against the Attorney-General and the Minister 1st Applicant lost against the Executive Officer 2nd Applicant succeeded partially against the Executive Officer

RULED IN FAVOUR OF:

Defendant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Ayo Kimathi and David Tucker v Attorney-General for Bermuda Minister of Home Affairs Executive Officer of the Human Rights Commission

Whether impugned statements made by the 1st Applicant offensive to persons of European descent and homosexuals cross the boundaries of constitutionally protected free speech into legally unprotected ?hate speech?

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