PROSECUTORS have effectively dropped the case against a Scottish feminist charged with a ‘hate crime’ over social media posts.
The Crown Office confirmed it had discontinued all proceedings against Marion Millar ahead of a court hearing scheduled for next Monday, pending a standard review with the alleged victims.
Although a prosecution could still go ahead, the move indicates that is now less likely.
Ms Millar’s defence team, led by SNP MP Joanna Cherry QC, had been preparing to challenge the prosecution on human rights grounds.
Ms Cherry said she was "delighted" with the outcome.
Ms Millar, a 50-year-old account from Airdrie, had been accused of posting homophobic and transphobic material on social media.
A supporter of sex-based rights for women who opposes transgender self-identification, Ms Millar is seen by her critics as a trans-exclusionary radical feminist, or Terf.
She was alleged to have behaved in a threatening or abusive manner between October 2020 and June 2021 within the Glasgow area and Rutherglen, South Lanarkshire.
Prosecutors claimed she repeatedly posted content on social media that was of a “homophobic and transphobic nature”.
Obviously delighted with this outcome. Prosecution against Marion Millar discontinued. See full statement below. pic.twitter.com/AeEnLohsVv
— Joanna Cherry QC (@joannaccherry) October 28, 2021
The original complaint against her alleged she directed threatening or abusive behaviour at three people, including a police officer, via social media between October and June, contrary to Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010.
The complaint said the conduct was aggravated by prejudice relating to sexual orientation and transgender identity.
Ms Millar made no plea at an initial bail hearing in August, and a further hearing set for October 4 was rescheduled for November 1 to allow her lawyers time to work on her case.
Ms Millar's case attracted international attention, and her court attendance drew hundreds of supporters, many chanting 'Women Won't Wheest" and wearing the purple, white and green of the Suffragettes.
David McKie of Levy & McRae, solicitor for Ms Millar, said: ‘My client is very pleased to have received confirmation that the case against her had been discontinued by the Crown.
“She had intended to defend the charge against her vigorously had it proceeded to trial and this decision brings a very stressful period to an end.
“In her view, it is the right decision for a whole number of reasons, not least of which is the cost to the public purse.
“She has asked me to thank her legal team of Joanna Cherry QC, Paul Harvey and Levy & McRae.
“Most of all, she would like to thank everyone who has supported her throughout this case including her family and friends, those who turned up at court, those who donated to her crowdfund and the many thousands who wished her well online and in person.
“That helped her greatly during a very stressful period in her life.”
A spokesperson for the Crown Office and Procurator Fiscal Service said: “Those directly involved have been informed of an update in this case and there is a right to call for a review of this.
“Until any review has been completed the question of whether or not there will be a prosecution remains open.
“The Crown reserves the right to proceed and will not comment further.”
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