2011 May 12th: ISRAEL CRITICS’ “RACISM” TRIAL ADJOURNED

Thursday May 12th 2011; NO EMBARGO

Scottish Palestine Solidarity Campaign: Media Release

ISRAEL CRITICS' "RACISM" TRIAL ADJOURNED

Two St Andrews University students facing racially aggravated conduct charges after allegedly making comments and gestures critical of Israel and its flag had their case adjourned at Cupar Sheriff Court yesterday.

Samuel Colchester (20) and Paul Donnachie (18) both deny the charge, which Donnachie considers an infringement of his freedom of political expression. They are alleged to have 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.

Donnachie is expected to argue that he should be free to criticise a state and its policies without fear of falling foul of racism legislation. Donnachie's solicitor, Mr Williams, referred to a similar case last year in Edinburgh where five members of the Scottish Palestine Solidarity Campaign (SPSC) had disrupted a concert by the Jerusalem String Quartet, making comments such as "They are Israeli Army musicians", "End the Siege of Gaza", "Genocide in Gaza", and "Boycott Israel".

Dismissing the charges last April, Sheriff Scott ruled that their "comments were clearly directed at the State of Israel, the Israeli Army, and Israeli Army musicians", and not targeted at "citizens of Israel" per se. He also 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 Middle East' etc."

In court yesterday, arguing against an adjournment, Procurator Fiscal Brian Robertson said the circumstances of the Edinburgh case were different in that they related to the protest of a concert by the "Jewish Army", but indicated that he was "unaware of the outcome of that case."

Acknowledging the significant public interest, and that "this case may have wider ramifications than I'm aware of", Sheriff Charles MacNairn adjourned the case until August 22nd and 23rd to allow Donnachie's solicitor further time to secure legal aid and full disclosure of witness statements.

Campaigners from the Scottish Palestine Solidarity Campaign had protested outside before filling the public gallery. Campaign chair, Mick Napier, said: "That the Procurator Fiscal referred to the Israeli Army as the 'Jewish Army' illustrates very serious confusion. It is worrying that, in his vocabulary, Israel is synonymous with Jewish. It is also concerning that he knew of the Edinburgh case, but suggested that he wasn't aware of Sheriff Scott's ruling that preventing criticism of Israel would render worthless our right of free speech."

ENDS

Notes for editors:

1. The Scottish Palestine Solidarity Campaign started in autumn 2000 in response to the Palestinian second uprising against Israeli occupation (Intifada). The SPSC has branches around Scotland.

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) (Scotland) Act 1995 Section 50A (1)(b) and 5;

or alternatively:

behaving in a threatening or abusive manner, contrary to Section 38 (1) of the Criminal Justice and Licensing (Scotland) Act 2010.

3. The trial at Cupar Sheriff Court was adjouned on Wednesday 11th May 2011.

Sheriff Charles MacNairn adjourned the trial until August 22nd and 23rd 2011 at 10am.

Paul Donnachie was also ordained to appear at an intermediate diet on August 4th 2011 at 10am; Samuel Colchester was excused attendance.

The case is being heard at:

Cupar Sheriff Court
County Buildings
St Catherine Street
Cupar
KY15 4LX

Map and directions: http://www.scotcourts.gov.uk/locations/index.asp?crt=cpr&val=contact

4. 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 Edinburgh.

After an 18-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

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

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