Evangelical street preacher found guilty of harassing trans woman by calling her a 'gentleman' has conviction quashed
10 March 2023, 08:43 | Updated: 10 March 2023, 08:44
A street preacher who was found guilty of harassing a transgender woman has had his conviction overturned on appeal.
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Davic McConnell left Farrah Munir, 19, "emotionally distraught" by who repeatedly referring to her as a "man" and a "gentleman" nine times as he preached in Leeds on June 8, 2021.
Mr McConnell, from Wakefield in West Yorkshire, was convicted of causing harassment, alarm or distress to Ms Munir at Leeds Magistrates' Court last year and given a year's community order with 80 hours unpaid work.
But Recorder Anthony Hawks, sitting with two magistrates, allowed Mr McConnell's appeal against conviction on Thursday at Leeds Crown Court.
Mr Hawks said although the judges accepted Mr McConnell's words were insulting and that Ms Munir had suffered "harassment, alarm and distress", it could not be proven that the preacher had intended to harass her.
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Speaking from the witness box, Mr McConnell said: "In my view, I wasn't misgendering and I was gendering correctly."
He told the court: "I think people could have been offended but that's not the intention.
"My intention was to simply stay faithful to my beliefs, stay faithful to God and to stay faithful to my conscience."
He said: "I wasn't being transphobic; I was expressing what I believe."
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After watching the clip again in court, Mr McConnell said: "I knew the person in front of me was a biological male and, therefore, I stayed true to God and true to my beliefs."
Mr Hawks said although they accepted McConnell's words had been insulting and that Ms Munir had suffered "harassment, alarm and distress", there was no evidence the appellant had intended to harass her.
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Earlier, the court was shown video footage from McConnell's body-worn camera of Ms Munir approaching him as he spoke to a small crowd and asking him: "Does God accept the LBGT community?"
As the 42-year-old preacher responds to the crowd, he repeatedly refers to her, saying "this is a man" and "this gentleman".
He also says she is a "man dressed in woman's clothes".
In the video, Mr McConnell can also be heard to say: "Homosexuality is an abomination in the eyes of God" and "the Bible says that lesbianism is an unnatural and vile passion".
Asked how she felt about this, Ms Munir told the appeal hearing: "Upset. Emotionally distraught, as this had never happened to me before."
Earlier in the appeal hearing, the judge interrupted defence barrister Michael Phillips when he tried to ask Ms Munir whether she thought sex and gender were the same thing.
He told Mr Phillips: "I'm not having this hearing turned into a three-ring-circus exploring transgender issues. That's not what this case is about.
"This witness is a transgender woman. She identifies herself as such. She says she was insulted by being called a man.
"That's the evidence. What we make of it, and what we make of the defendant's intentions, is another matter."
Mr McConnell said he was "delighted and relieved" with his successful appear after the hearing.
He added: "I am, however, appalled at how I have been treated by the authorities in this matter.
"No other street preacher, professional or member of the public must go through what I have. Misgendering is not a crime and should never be treated as such."
He added: "How I was treated was totally unreasonable and should concern anyone who cares about Christian freedoms and free speech in this country."
Andrea Williams, chief executive of the Christian Legal Centre, who supported Mr McConnell's case, said: "Dave McConnell has been vindicated and we are pleased that the judge has seen sense. No-one should go through what he has for stating biological fact.
"This case has represented a disturbing trend in our society which is seeing members of the public and professionals being prosecuted and reported as potential terrorists for refusing to celebrate and approve LGBTQ ideology."
