FAMILY DIVISION
BY TRANSFER FROM THE FAMILY COURT SITTING IN MILTON KEYNES
IN THE MATTER OF THE CONTEMPT OF COURT ACT 1981
AND IN THE MATTER OF PART 37 FAMILY PROCEDURE RULES 2010
Strand, London, WC2A 2LL |
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B e f o r e :
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IN THE MATTER OF: | ||
GREG HAZELTINE |
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Hearing date: 21 November 2024
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Crown Copyright ©
The Honourable Mr Justice COBB :
Introduction
i) Read the transcripts of the three relevant court hearings;
ii) Listened where possible (the quality was poor) to the audio recordings;
iii) Read the witness statements of Recorder Patel and HHJ Perusko, together with the statement of the HMCTS Delivery Manager for the Family Court at Milton Keynes;
iv) Read the sentencing remarks of Mr Justice Goss sitting at the Southwark Crown Court on 5 June 2024;
v) Read the personally drafted statement of Mr Hazeltine, which with my permission he filed earlier today.
Undisputed background
The alleged contempts
Allegation 1 & 2: Hearing: Recorder Patel: 3 February 2023
i) Mr Hazeltine interrupted Recorder Patel during the hearing when giving judgment, and was rude, abusive and aggressive and said "I don't know why you are wasting the Court's time, I'll not be sticking to that. So you can deal with the contempt of court now." When the Recorder continued giving judgment he further interrupted saying: "I told you what the thing was... I can't make it no clearer. I Greg Hazeltine will not be sticking to what you have agreed…" He further interrupted and was abusive about [Ms T] saying: "well, you are wasting your time. You have wasted the court's time. You wasted the whole day in Luton, because we questioned [XXX], you then found fault with him, but now you want to ignore that fault. I proved him and [XXX] to be a liar, my son was punished and my daughter, that [XXX] will never forgive his mother for just so she is aware of that and for what? He got punished for nothing for a lying piece of rubbish." Shortly after this he again interrupted the Judge and was rude and abusive saying: "let her fuck him up. He is going to fuck him up. So let her put him in whatever school she wants. Whatever suits her." Shortly after this, he repeatedly interrupted the Judge asking "when am I next picking my children up?" In behaving in this way he impeded the delivery of a judgment causing upset and inconvenience to the Court and the other participants, and was disrespectful and rude to a member of the judiciary who was undertaking his public duties.
ii) Further, Mr Hazeltine made threats by saying: "I don't want to listen to the rest of your rubbish... I will not be abiding by that order and I want to thank you and I thank that piece of shit there for reminding me of who I was 15 years ago… you'll get the 15 year ago Greg, Enjoy". In referring to the "15 year ago Greg" he was referring to, and intended to refer those present to, his conviction for GBH in 2008, and to cause them to be fearful of what he might do to them at or after the hearing.
Allegation 3 & 4: Hearing: Recorder Patel: 13 July 2023
iii) While the Judge (Recorder Patel) was giving judgment, Mr Hazeltine used threatening, abusive or insulting words or behaviour towards the Judge with intent to cause him to believe that immediate unlawful violence would be used against him or to provoke unlawful violence, in that, during his delivery of his judgment he reacted, saying "Well, this leaves me an awkward decision to make." Dialogue ensued between Mr Hazeltine and the Judge, who was attempting to understand what he needed to 'think about'. Mr Hazeltine then became visibly agitated, challenging the order and shouting, interrupting the Judge and becoming more animated and aggressive in his tone and language. He told him to "be a man" and "stand there and make some proper decisions", that he hoped the Judge never had children because he was a piece of shit and didn't care about children. Mr Hazeltine was angry and shouting numerous expletives including "that is why you lot are pieces of shit scum." Recorder Patel pressed the panic alarm and informed him that the hearing was coming back, to which he responded that it wasn't, and said "why don't you come here? Let's go outside. Call security like you did last time, you fucking weasel" to the Judge when he stood to leave the courtroom. As a result of his behaviour, the Judge has been apprehensive, much more aware of his surroundings at Court and generally more alert to his personal security and fearful of being approached and being the subject of reprisals from him.
iv) Mr Hazeltine repeatedly interrupted Recorder Patel as he was giving judgment. He accused Recorder Patel of not having written an order and of being untruthful which is offensive in itself. After Recorder Patel had left the courtroom he said "I hope you don't ever have kids, you piece of shit" directed towards counsel. Due to his aggressive attitude, counsel feared that he was going to punch him and was anxious and found it difficult to continue to represent the mother after Mr Hazeltine had left the courtroom.
Allegation 5, 6, 7, 8, 9: 29 November 2023
v) While His Honour Judge Perusko was giving judgment, Mr Hazeltine continually interrupted the Judge and became rude and abusive, saying to HHJ Perusko and/or other participants (the full set of comments are not included in this judgment):
- "Well, tell the mother and the piece of shit grandmother to stop abusing my children, then I wouldn't have to…"
- "Recorder Patel didn't rule, and that piece of shit… manipulated the order";
- "I'll tell you what, why don't you get [XXX] and [XXX] and that little wanker [XXX] and everyone else that wants to be the big man and run their mouth, and you stop me from going to see my children… and see how it plays out for you."
- "You're the same as Patel. You're just fucking little lying weasels"
- "You've took the children. I don't care. Are you thick?"
- "Are you happy now, you pieces of shit?"
- "Go fuck yourself you little prick"
- "Go on rise. Go on, run off. No, I'm not going out."
- "You're going to make this man a violent man because you are a coward"
- "Go fuck yourself".
vi) Made indirect threats to HHJ Perusko and to other participants by saying: "I understand that there will be consequences for my actions and I'm prepared to take them. I just want to make sure everybody is prepared to take the consequence for theirs."
vii) Refused to leave court when HHJ Perusko told him that he had to leave: "Make me. No, I don't want to. Make me. No, I don't want to. Now, what are you going to do? Nothing. You're a bully and a coward, the same as Recorder Patel. A bully and a coward. He run off and left this courtroom and then said: "I was scared... I feared for their safety". That is a coward. I don't want to leave. I'm not going to sit down."
viii) He picked up a laptop on a desk and a small free standing electric radiator, then threw the radiator across the courtroom towards the judge's bench, and jumped on top of the table and vaulted the judicial barrier.
ix) He pursued HHJ Perusko and caught up with him and pushed him to the corner of the room. The Judge's head hit the metal base of a coat stand. He pinned the Judge down with his body weight, his hand on top of his chest and throat, and punched him to the head a number of times. It was described by an observer as "relentless". He was saying that he only wanted to see his kids, and that he knew he was going to prison for a long time, but he didn't care and the Judge deserved it. Every blow delivered to the Judge was with a clenched fist. His face was bright red. He would occasionally stop punching the Judge to say something abusive or threatening, and then would start punching again. This incident came to an end only when Mr Hazeltine's partner, accompanied by a security officer, pulled him off, and eventually he let go enabling the Judge to leave the room.
Findings
Sanction
"1. The court should adopt an approach analogous to that in criminal cases where the Sentencing Council's Guidelines require the court to assess the seriousness of the conduct by reference to the offender's culpability and the harm caused, intended or likely to be caused.
2. In light of its determination of seriousness, the court must first consider whether a fine would be a sufficient penalty.
3. If the contempt is so serious that only a custodial penalty will suffice, the court must impose the shortest period of imprisonment which properly reflects the seriousness of the contempt.
4. Due weight should be given to matters of mitigation, such as genuine remorse, previous positive character and similar matters.
5. Due weight should also be given to the impact of committal on persons other than the contemnor, such as children of vulnerable adults in their care.
6. There should be a reduction for an early admission of the contempt to be calculated consistently with the approach set out in the Sentencing Council's Guidelines on Reduction in Sentence for a Guilty Plea.
7. Once the appropriate term has been arrived at, consideration should be given to suspending the term of imprisonment. Usually, the court will already have taken into account mitigating factors when setting the appropriate term such that there is no powerful factor making suspension appropriate, but a serious effect on others, such as children or vulnerable adults in the contemnor's care, may justify suspension".
"i) It is a common practice, and usually appropriate in view of the sensitivity of the circumstances of these cases, to take some other course [than imprisonment] on the first occasion" [26];
ii) "If imprisonment is appropriate, the length of the committal should be decided without reference to whether or not it is to be suspended. A longer period of committal is not justified because its sting is removed by virtue of its suspension" [28];
iii) "There are two objectives always in contempt of court proceedings. One is to mark the court's disapproval of the disobedience to its order. The other is to secure compliance with that order in the future" [29];
iv) "The length of the committal has to bear some reasonable relationship to the maximum of two years which is available" [30];
v) "The court has to bear in mind the context. This may be aggravating or mitigating" [33].
i) At each of the three court hearings under review, Mr Hazeltine verbally abused and threatened the judiciary, the lay parties and professionals in an apparently unrestrained way; self-evidently these were not isolated incidents; his behaviour was repeated on each of the three separate court hearings, over a period of several months;
ii) The participants in the hearings at the Family Court, the lay parties, the court staff and the lawyers were all caused distress, fear and intimidation as a result of Mr Hazeltine's behaviour;
iii) That same distress, fear and intimidation was caused also to the judges who were conducting these hearings in fulfilment of their public duties;
iv) Mr Hazeltine was not in any sense deterred in his displays of aggression and intimidation on 29 November 2023 by the presence of security guards sitting in the court room;
v) Mr Hazeltine's behaviour played out, as the transcripts show, during hearings at which both the Judges were, I am satisfied, patiently and sympathetically attempting to engage Mr Hazeltine in identifying solutions to the difficult issues (including notably Mr Hazeltine's contact with his children) which had arisen following the family breakdown. I am satisfied that both Judges were conscientiously trying to engage Mr Hazeltine in discussions about proposals for contact; only when that engagement ended fruitlessly, did they deliver (or attempt to deliver, but for the interruptions) carefully reasoned decisions for their orders;
vi) Finally, I regret that I was troubled to read in the statement which he has submitted today in this application (in his own words) that he considered this application to be a "personal attack" on him; this suggested a lack of insight into the seriousness of his conduct over a period of time.
i) I take into account Mr Hazeltine's unconditional admissions of these nine incidents of contempt of court;
ii) I accept that Mr Hazeltine found the family law process painful, and emotionally intense and challenging. I further accept that he was frustrated at the delays in the process, particularly as those delays impacted on the arrangements for him to maintain and develop his relationship with his two children. Although I have focused on three court hearings, I accept that he had attended altogether ten or more court hearings over a period of more than two and a half years; I acknowledge that he has felt unfairly disadvantaged at court hearings on occasions when he has been (almost entirely throughout) unrepresented, when the mother of his children has been represented by both experienced counsel and solicitors; I bear in mind that he now finds himself without any contact at all with his two children;
iii) Mr Hazeltine is said to suffer from Attention Deficit Hyperactivity Disorder, and there is an indication in the filed evidence that he has been diagnosed to be on the autistic spectrum; I note that at an earlier hearing HHJ Perusko had directed a psychological assessment of Mr Hazeltine, reflecting judicial concern about his functioning and his characteristics. This in fact had not proceeded at the time of these events by reason of Mr Hazeltine's lack of co-operation but has since been undertaken. Mr Hazeltine's neurodiversity had been acknowledged by Recorder Patel who had himself expressed concern about Mr Hazeltine's "emotional dysregulation" and "difficulty in thought processes";
iv) Mr Hazeltine has filed medical evidence within this application, which confirms recent mental ill-health, depression, stress and anxiety; the medical evidence also references the difficulties he has encountered in serving his term of imprisonment; Mr Hazeltine reports experiencing intimidation and violence from others in prison, and his own fear (which I regard as reassuringly insightful) of displaying violence again;
v) Mr Hazeltine has shown remorse for his actions; he has filed evidence in the substantive Children Act 1989 proceedings (lodged on this application) in which an extract from an interview with the court appointed psychiatrist was included, with his own further commentary; the passage reads:
"I can't justify why I hit the judge, and I wake up every day wishing I hadn't done it, because he doesn't deserve what I done to him. I couldn't control my emotions. I let my emotions and how I was upset I was not seeing the children get the better of me. I cannot express how sorry I am … it remains something that I constantly think about and I do indeed wake up every day regretting my horrific actions towards him";
While these comments relate to a matter in respect of which I am not passing sentence, they nonetheless reveal Mr Hazeltine's current state of reflection on his behaviours;
vi) That Mr Hazeltine has deposed in sworn evidence to a willingness to engage in anger management work, a course of psychotherapy and bereavement counselling on his release from custody; meanwhile, he has embarked on a course of counselling at the prison with the mental health team, and has trained as a member of the Wandsworth Prison Listener team (under the supervision of the Samaritans);
vii) That Mr Hazeltine has written, albeit late in the day, a letter of apology to HHJ Perusko.
Conclusion
"While Judges have a degree of tolerance towards emotional displays of frustration or anger in court, and are aware of the problem of stress for parties in family (and other) proceedings, there is no excuse for insulting a judge or repeatedly disrupting a court hearing with outbursts of abuse. This has been recognised from early times to qualify as contempt of court (Arlidge at 10-34 and 10-102)" (emphasis added).
# |
Date |
Allegation proved or not proved |
Punishment / Sanction |
1 |
3.2.23 |
Proved, by admission, and on the evidence |
There will be a sentence of two months imprisonment |
2 |
3.2.23 |
Proved, by admission, and on the evidence |
There will be a sentence of two months imprisonment, concurrent with the penalty imposed in relation to proven allegation 1 |
3 |
13.7.23 |
Proved, by conviction on a guilty plea |
No separate penalty sought or imposed |
4 |
13.7.23 |
Proved, by admission, and on the evidence |
There will be a sentence of one month imprisonment, consecutive to the penalties already imposed. |
5 |
29.11.23 |
Proved by admission, and on the evidence |
There will be a sentence of two months imprisonment, consecutive to the penalties already imposed. |
6 |
29.11.23 |
Proved by admission, and on the evidence |
There will be a sentence of one month imprisonment, concurrent with the penalty imposed in relation to proven allegation 5 |
7 |
29.11.23 |
Proved by admission, and on the evidence |
There will be a sentence of one month imprisonment, concurrent with the penalty imposed in relation to proven allegation 5 |
8 |
29.11.23 |
Proved, by conviction on a guilty plea |
No separate penalty sought or imposed |
9 |
29.11.23 |
Proved, by conviction on a guilty plea |
No separate penalty sought or imposed |