Friday, 8 April 2022

NOT GUILTY: Neighbour Cleared Of Displaying Far-Right Insignia

Free: Michael Tisbury leaving court
A man charged with deliberately provoking his next-door neighbour by displaying far-right insignia outside his suburban home, has finally been cleared.

Michael David Tisbury, 61, who receives disability benefit, was on police and court bail for nearly two years before finally clearing his name.


Kingston-upon-Thames Crown Court heard he suffered an anxiety attack as he waited for his case to be called on, anticipating the prospect of a full jury trial.


Tisbury, of Portland Avenue, New Malden originally appeared at Wimbledon Magistrates Court in 2020 facing charges that were later dropped.


The Metropolitan Police and Crown Prosecution Service agreed to charge him with the racially/religiously aggravated harassment of neighbour Vasutha Sivapalan at his address on March 27, 2020.


Tisbury was alleged to have displayed a threatening sign, namely ‘adapting the Mercedes Benz symbols on his white panel van’s wing mirrors to mimic the Nazi eagle swastika.’


He was also charged with possessing material to stir up racial hatred on March 27, 2020, namely a Sun Wheel flag on a pole, associated with the British National Socialist Movement.


Those two charges were dismissed, but Tisbury still faced a Crown Court trial on a charge of the racially-aggravated harassment of Vasutha Sivapalan between January 3 and March 28, 2020.


The prosecution eventually decided to offer no evidence on this count.


In return, Tisbury agreed to be bound over for good behaviour for a period of two years in the sum of £250.


He will only be ordered to pay the penalty if he breaches the bind over.


Tisbury also agreed to comply with a restraining order, prohibiting contact with the complainant - who has moved from the area - for a period of two years.


The court heard Tisbury’s wife had lost her Ofsted child-minding certification as a result of their former neighbour’s complaints.


Relations between the neighbours soured after the complainant called police, accusing Tisbury of daubing a racial slur on his own wall.


Officers asked Tisbury to remove what was written and left.


“You see how strongly she feels about the conduct of this defendant. She has moved away,” said prosecutor Tom Jones.


However, Tisbury’s lawyer Kim Aiken told the court: “He says false allegations were made against him.


“The defendant doesn’t agree he wrote the word ands the police agree the words were not made out.


“He is of good character and says he did not write the words.”

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