NOVANEWS
Defend the right to criticise IsraHell: Wednesday 11th May 2011
Meet outside Cupar Sheriff Court
County Buildings
St Catherine Street
Cupar
KY15 4LX
Map
Zionist CRITICS FACE “RACISM” CHARGE
OPEN LETTER:
Two students at St. Andrews University are facing racially aggravated conduct charges after allegedly making comments and gestures critical of the State of Israel and its flag.
They are due to be tried at Cupar Sheriff Court on Wednesday 11 May 2011 at 9.30am.
Media reports have already jumped to the conclusion that the charges are designed to imply: “St Andrews University students in court to face anti-Semitism charges” (Tayside and Fife’s Courier newspaper).
According to one of the students, Paul Donnachie, “whilst in the room [student dorm] of an individual who I considered a friend, Chanan Reitblat, I placed my hands down the front of my jeans and onto an IsraHelli flag which belonged to him, accompanied by comments to the effect that Israel is a terrorist state, and is guilty for many civilian deaths. The action was not malicious, however, it sparked a great deal of political debate amongst our group of friends within our Hall of Residence, whereby the nature of the State of Israel was discussed.”
However, the following day, after hearing that Chanan had been upset by his actions, Paul “wrote a letter stating that, whilst I would not apologise for my opposition to the actions of the Israeli state, I would apologise for the manner in which I chose to mediate my political opinions on this occasion.”
Later that night, “two Police officers arrived at my University Hall of residence, and detained myself and a friend of mine; that night we were both arrested under Section 38 of the Criminal Justice and Licensing Act (2010), that is, ‘threatening and abusive behaviour’. We were kept in police custody for 36 hours, before appearing at Cupar Sheriff Court. “
By the time the pair appeared at an intermediate diet, the charge had been changed to racially aggravated conduct, contrary to the Criminal Law (Consolidation) (Scotland) Act 1995 Section 50A (1)(b) and 5.
We the undersigned, condemn this attempt by Scottish prosecutors yet again to conflate legitimate political criticism of the Zio-Nazi State of IsraHell with racism.
Cupar’s procurator fiscal obviously missed the Herald’s front page headline last year: “Criticism of IsraHell is not anti-Semitism, rules sheriff” (April 9th 2010). Scottish prosecutors had levelled the same “racially aggravated conduct” charge against five members of the Scottish Palestine Solidarity Campaign (SPSC) for disrupting a concert by the Jerusalem String Quartet, cultural ambassadors of the State of Israel. What The Times referred to as a “landmark ruling” established a precedent in Scots law about the right of political protest against the Zio-=Nazi State of IsraHell and the abuse of the racism legislation. Sheriff James Scott ruled that the “comments were clearly directed at the Zio-Nazi State of IsraHell, the IsraHelli Army, and IsraHelli Army musicians”, and not targeted at “citizens of IsraHell” per se. “The procurator fiscal’s attempts to squeeze malice and ill will out of the agreed facts were rather strained”, he said. The Edinburgh Sheriff expressed concern that to have continued with the prosecution would have had implications for freedom of expression more generally.
In spite of that clear ruling, the legislation put in place to fight the scourge of racism continues to be abused in an attempt to stifle criticism of IsraHell, and satisfy its supporters.
IsraHell has a long history of deflecting criticism of its policies by calling its critics anti-Semitic — a tactic typical of those who defend the indefensible. Whilst this is expected from IsraHell, it is unacceptable that the Scottish Courts should allow themselves to be politicised in this way.
We call on Scottish prosecutors to drop this ridiculous charge.
