2011 Aug 22: CUPAR “RACISM” TRIAL – COMPLAINER: “YOU CANNOT SEPARATE ISRAEL FROM JEWISHNESS”
Monday Aug 22nd 2011; NO EMBARGO
Scottish
UPDATE (1500hrs) ON CUPAR “RACISM” TRIAL – COMPLAINER:
A former
Chanan Reitblat, a Lithuanian-born Jewish man who recently left St Andrews to take up a job offer in the United States, was giving evidence in the first day of the trial against Samuel Colchester (20) and Paul Donnachie (18), who both deny charges of racially aggravated conduct in relation to allegations they rubbed their hands on an Israeli flag after putting their hands down their trousers. They also deny an alternative charge of acting in a threatening or abusive manner toward former Facebook friend, Reitblat.
When asked by Procurator Fiscal Brian Robertson “do you see yourself as affiliated to
Explaining that although neither he nor his family had ever been to
Reitblat, who had invited the accused into his student dorm, alleges that when they saw his Israeli flag on the wall, “They said
Reitblat was due to be cross-examined by Donnachie’s defence solicitor as this goes to press, and will continue tomorrow.
An application to delay the trial to allow a legal debate over the competency of the racially aggravated conduct charge in relation to criticism of a state was rejected by the Court of Appeal yesterday after it emerged that the Cupar court had funded Reitblat’s return flight from the
Last year, similar charges were thrown out before trial after a diet of debate at
The Edinburgh Sheriff expressed concern that to continue with the prosecution would have implications for freedom of expression more generally: “if persons on a public march designed to protest against and publicise alleged crimes committed by a state and its army are afraid to name that state for fear of being charged with racially aggravated behaviour, it would render worthless their Article 10(1) rights. Presumably their placards would have to read, ‘Genocide in an unspecified state in the Middle East’; ‘Boycott an unspecified state in the
A leading member of a Jewish pressure group poised to give evidence in defence of the two students was hopeful that the racism charge would be dropped. Liz Elkind of Scottish Jews for a Just Peace said that “criticism of
ENDS
Notes for editors:
1. The Scottish
The SPSC has branches throughout
For further information, contact:
SPSC Chair, Mick Napier: 0131 620 0052; 07958002591
Email: media@scottishpsc.org.uk (default reply to this email)
Website: www.scottishpsc.org.uk
2. Samuel Colchester and Paul Donnachie face two alternative charges:
racially aggravated conduct, contrary to the Criminal Law (Consolidation) (
or alternatively:
behaving in a threatening or abusive manner, contrary to Section 38 (1) of the Criminal Justice and Licensing (
3a. The trial began today (Monday 22 Aug 2011) at
It will resume tomorrow at 10am.
St Catherine Street
Cupar
KY15 4LX
Map and directions: http://www.scotcourts.gov.uk/locations/index.asp?crt=cpr&val=contact
4. Donnachie’s Solicitor had lodged a Bill of Application to the Court of Appeal over Sheriff Charles MacNairn’s refusal to receive a devolution minute during the August 4th 2011 intermediate diet.
5. Liz Elkind is a leading member of Scottish Jews for a Just Peace whose website states:
“We are a group of Jews, with supporters in all parts of
“We want Jewish opinions critical of Israeli policy to be heard in
Their website can be found here: http://blog.sjjp.org.uk/
6. The SPSC has produced an open letter to “Defend the right to criticise
which condemns not the complainer, Chanan Reitblat, but the “attempt by Scottish prosecutors yet again to conflate legitimate political criticism of the State of Israel with racism.”
The open letter also highlights that media reporting has “jumped to the conclusion that the charges are designed to imply”, Including:
Tayside and Fife's Courier, 1st April 2011:
“St Andrews University students in court to face anti-Semitism charges --
Two St Andrews University students have appeared in court following allegations they indulged in anti-semitic behaviour.”
http://www.thecourier.co.uk/News/Fife/article/12475/st-andrews-university-students-in-court-to-face-anti-semitism-charges.html
The Jewish Chronicle’s May 12 2011 report, “Students' trial is delayed” is listed under their “Antisemitism” category: http://www.thejc.com/news/topics/antisemitism (currently on page 4).
7. Similar charges of racially aggravated conduct were alleged against five members of the Scottish Palestine Solidarity Campaign after their Aug 2008 disruption of a concert by the Jerusalem Quartet in
After an 20-month legal process, on April 8th 2010, Sheriff James Scott dismissed the charges. See the Sheriff’s ruling: http://www.scottishpsc.org.uk/index.php?option=com_content&view=article&id=3286&catid=332;trial&Itemid=200248
After the trial, the Herald’s front page reported, “Criticism of Israel is not anti-Semitism, rules sheriff”
The Herald, April 9th 2010:
http://www.heraldscotland.com/news/crime-courts/criticism-of-israel-is-not-anti-semitism-rules-sheriff-1.1019415
An SPSC media release on the ruling can be found here:
http://www.scottishpsc.org.uk/index.php?option=com_content&view=article&id=3285
The BBC reported, “
BBC News, 8th April 2010:
http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/8609737.stm
More media reports here:
http://www.scottishpsc.org.uk/index.php?option=com_content&view=article&id=3320;jq-media-reports-of-qracismq-case-against-spsc-members-being-dropped&catid=332;trial&Itemid=200248