A 76-year-old protester has challenged a district judge on equal treatment under British law after being charged with hiding his identity behind a religious veil during a coastal rally.
Timothy Miller arrived at Portsmouth Magistrates’ Court dressed in a full burqa, carrying a black handbag and an orange folder, to deny allegations that he unlawfully concealed his identity during a demonstration.
Demonstration sparked by small boat arrival
The pensioner from Hedge End, Hampshire, was arrested during a gathering of roughly 2,000 people in Portsmouth on September 12. The rally was organised after a small boat carrying migrants arrived in the city.
Prior to the event, Hampshire officers warned attendees that anyone wearing face masks or coverings would face arrest. Authorities instituted the ban after masked men blocked roads in Dover during a separate protest against immigration.
Although the formal charge against the 76-year-old specifies a burqa, photograph evidence from the Portsmouth event showed Miller wearing a niqab.
Arrest challenged as unlawful by defendant
Appearing without legal representation, Miller told the court that officers carried out an unlawful arrest despite his full cooperation at the scene.
The defendant claimed he was entitled to an exemption on the grounds of Islamic religious observance, telling the judge that no other rally participants faced the same charge.
Addressing the court on his detention during the rally, Miller said:
“In my mind it was unlawful arrest. I complied with everything. I am on every single camera. I presented myself to these cameras. I was never once asked to remove my facial covering. It will be on body cams. Therefore I feel it is unlawful arrest which also must be contested.”
I am a religious person and I love my country and I am troubled by what I see and what it is going to take to turn this around.
Timothy Miller, defendant
Court questions defendant over religious conversion
During the hearing, Miller was instructed to uncover his face for identification purposes, though he replaced the veil shortly afterwards. He questioned why the court scrutinized his faith when people arriving across the English Channel face no such questioning.
When asked about his apparent conversion to Islam, the defendant pushed back against the enquiry:
“I don’t feel I should answer this question because no one else is asked this question when they come into the country. Why am I being asked this? I have never ever heard of anyone being questioned about their religion. How can this be possible?”
District Judge Stephen Apted explained that his questions were necessary to manage the proceedings and isolate the core issues. He warned Miller that proving the garment was worn for religious observance would require supportive evidence.
Trial set following not guilty plea
When asked for his legal defence, Miller argued that everyone should be subject to a single law. District Judge Apted replied that such a position did not defend him against the charge.
Miller explained that he is studying Islam because he believes the nation is moving towards an Islamic society, making conversion beneficial in the current climate. He added that wearing the veil gave him a greater understanding of life on both sides of the garment and made him feel more secure.
- International background: Miller told the court he previously resided in Morocco and has travelled to Bahrain and Dubai.
- Legal funding: The defendant stated he is looking into crowdfunding to secure a legal defence team.
- Court schedule: Following his not guilty plea, District Judge Apted set the trial for February 16 at Portsmouth Magistrates’ Court.