A 76-year-old man has appeared before magistrates wearing a burka and clutching a black handbag to contest a charge of donning the Islamic garment to disguise his identity during a demonstration. Timothy Miller, of Sherwood Avenue, Hedge End, Southampton, Hampshire, attended Portsmouth Magistrates' Court following his arrest in connection with the anti-migrant protest in Portsmouth on 12th September.
Judge asks defendant to remove face covering
Upon entering the dock, District Judge Stephen Apted addressed the defendant: "Can you remove your face covering so we can identify you, please?"
Miller subsequently lifted the veil of the burka while holding a black handbag as he confirmed his name, date of birth and address.
Defendant pleads not guilty
When asked how he responded to the charge of using the burka to conceal his identity within a designated area under section 158 of the Crime and Policing Act 2026, Miller declared: "As I am in every police camera, I am not guilty."
Miller was then pressed on what his legal defence to the charge was, to which he replied: "The issue quite simply is we should be all living under one law of which I think everybody is under agreement."
He claimed he held an "exemption" for "Islamic" religious observance, adding "which I am entitled to, therefore it was an exemption for which I told the police".
Religion questioned in court
When asked to confirm that the religion in question was "Islam", Miller stated: "I do not feel I should answer this question because nobody is asked this question when they come into the country."
Mr Apted proceeded to ask Miller to clarify that he observed Islam as a religion, to which the defendant responded: "As such as I am studying Islam as it seems to be the most beneficial religion to be noticed in this climate today."
He stated that he continued wearing the burka to gain a "greater understanding" from "this side of the veil" and noted: "It's part of my inquiring mind of changing from one religion to another".
Miller informed the court that he had resided in Morocco and journeyed to Bahrain and Dubai, stating: "What I say is happening here is the movement generally by law and everything that we are moving towards an Islamic society, therefore it is more beneficial to me to have a full understanding and belief, that's what I am doing."
"I think we are going down a very dangerous path questioning people about their religion, I think at the moment Jews are under the same pressure."
Miller claimed that he felt his arrest was not lawful "because I complied with everything, I was in every single camera including the drones overhead, I presented myself to the cameras."
"I was never once asked to remove my face covering."
Trial date set
Mr Apted postponed the proceedings for a trial to take place at the same court on February 16.
Miller advised the court that he was unrepresented at this hearing but was crowdfunding to pay for legal representatives. Mr Apted said that Miller's defence representatives must produce a report confirming the defendant's case that "a male person who is considering moving to Islam can wear a burka in public in order to better understand the religion and enable that person to make an informed decision about observing that religion".
Miller was subsequently released on unconditional bail ahead of the trial.
