Christian preacher guilty of harassing trans woman has conviction quashed citing ‘free speech’

A pedestrian street in Briggate, Leeds

A Christian street-preacher who was found guilty of harassing a trans woman in Leeds has had his conviction overturned.

Street-preacher David McConnell was found guilty of the ā€œdistressing attackā€ on Farrah Munir in September, after he reportedly called her a ā€œmanā€ and a ā€œgentlemanā€ on the street, an incident which she said made her feel ā€œemotionally distraughtā€. 

After the incident, McConnell, from Wakefield, West Yorkshire, was given a 12-month community order with 80 hours of unpaid work for causing ā€œharassment, alarm or distressā€ to Munir. 

However, McConnellā€™s conviction was quashed on at Leeds Magistratesā€™ Court after an appeal hearing, last week, when it was found that although the preacher had caused ā€œharassment, alarm and distressā€ to Munir, 19, there was no evidence he had intended to do so, the BBC reported.Ā 

The court had previously seen video footage from the 42-year-old preacherā€™s body camera, which showed Munir approaching him as he spoke to a crowd on Briggate, Leeds.

She was seen to ask him: ā€œDoes God accept the LGBT community?ā€

McConnell then reportedly responded to the crowd, referring to Munir as ā€œthis gentlemanā€ and saying: ā€œThis is a manā€. 

He also said in the footage: ā€œHomosexuality is an abomination in the eyes of Godā€, and ā€œThe Bible says lesbianism is an unnatural and vile passion.ā€ 

When how this had made her feel, Munir told the appeal hearing: ā€œUpset. Emotionally distraught, as this had never happened to me beforeā€.

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McConnell, who said he had been street preaching regularly for 15 years, claimed in court that he was ā€œnot misgenderingā€ Munir, and that he hadnā€™t intended to offend anyone. 

ā€œI knew the person in front of me was a biological male and, therefore, I stayed true to God and true to my beliefs,ā€ he told the court.

ā€œI think people could have been offended but thatā€™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.

ā€œI wasnā€™t being transphobic, I was expressing what I believe.ā€

Trans rights activists march through central London after a protest outside Downing Street on 21 January 2023.
Trans rights activists march through central London after a protest outside Downing Street on 21 January 2023. (Mark Kerrison/In Pictures via Getty)

Recorder Anthony Hawks, who sat with two magistrates, allowed the preacherā€™s appeal against his conviction. 

ā€œWe live in a time when free speech is important and vital and we live in a time when people’s attitudes towards gender are very different from how they were years ago,ā€ Hawks said. 

ā€œAll these issues need to be properly respected, so I make no criticism whatsoever of the Crown bringing a prosecution in this case.ā€

McConnell said he was ā€œdelighted and relievedā€ by the court’s decision.

ā€œNo other street preacher, professional or member of the public must go through what I have,ā€ he said. 

A damning report in 2022 revealed a huge rise in homophobic and transphobic hate crimes against LGBTQ+ people in the UK.

Incidents against trans people grew by 240%, from 1,292 reports in 2016-17 to 4,399 in 2021-2022.

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