Archive

Tag Archives: suspended sentence

Britain First supporter David Davis shouted ‘vile’ racist and religious abuse during a far-right demonstration.

The 22-year-old hurled the insults during the Burslem protest – which was organised by Stoke-on-Trent Infidels – and featured Britain First leaders Paul Golding and Jayda Fransen.

Magistrates at North Staffordshire Justice Centre heard he has already been prosecuted 13 months ago for assaulting a police officer during the October, 2017 demonstration.

But two further charges have now been brought following analysis of footage captured on police body-cams.

It recorded Davis shouting racial abuse at a group of Pakistani men and him also making a derogatory comment about the Muslim faith.

He pleaded guilty to a charge of intentional harassment, alarm or distress that was racially-aggravated, and a further charge of the same offence that was religiously-aggravated.

David Davis being arrested at the demo in 2017

David Davis being arrested at the demo in 2017

Scott Ashdown, representing Davis, said his client had already successfully undergone work with the probation service to address his behaviour.

He said: “There have been no further offences committed by Mr Davis since this occasion. If this had been prosecuted in a timely fashion with the other matter 13 months ago, he would still have received the community order he was given then.

“He did not attend this demonstration, he got caught up in it after he had been to watch Port Vale and was walking through the area.

“His words were said in response to a firework being thrown which exploded close to a woman and child. He is not a racist.”

Davis, of Alexandra Road, May Bank, has been handed a four-month prison sentence, suspended for 12 months, for the latest offences. That includes a 20-day rehabilitation activity requirement and a 42-day curfew which means he must stay in between 7pm and 7am.

District Judge Kevin Grego told Davis: “I don’t accept it was a complete accident that you were there. You shouted vile religious and vile racist abuse at people of Pakistani origin.

“You have been before the court nine times before for offences including racist assault, affray, battery and public order. That is the record of somebody who is a thoroughly unpleasant, unsociable racist.”

Davis must also pay £185 court costs and a £115 victim surcharge.

Stoke Sentinel

Campaign Against Antisemitism heralds ‘the first conviction in the UK over Holocaust denial’ after antisemite loses case

An antisemitic blogger who posted grossly offensive songs online calling Auschwitz a “theme park” and denying the Holocaust, Alison Chabloz, has lost the appeal against her conviction.

Alison Chabloz, 55, claimed Anne Frank’s diary was faked and said lyrics such as Auschwitz holy temple is a theme park just for fools,” were created out of love for the Jewish people.

Chabloz said she wanted to free Jews “from this atrocity propaganda.”

She was convicted of three counts of sending by a public communications network an offensive, indecent or menacing message or material after a trial at Westminster Magistrates’ Court last May.

Today judge Christopher Hehir upheld the convictions and said: “She is a Holocaust denier.”

“She is manifestly antisemitic and utterly obsessed with what she perceives to be the wrongdoing of the Jews and their disproportionate influence in politics, the media and banking in particular.

“She appears to us quite simply to have lost all sense of perspective.’

Referring to one of the songs, entitled ‘I Like The Story As It Is – Satire’, the judge said: “It blames Jews for their suffering and brands them as thieves, liars and usurpers.

“That is woven into sickening Holocaust related references to shrunken heads, soap, lampshades and smoke coming from crematorium chimneys.”

Gideon Falter, Chairman of Campaign Against Antisemitism, said: “This is the first conviction in the UK over Holocaust denial on social media”

He said Chabloz’s “actions defending the Nazis and claiming that the Holocaust was a fraud seek to defile” the sacrifice of those who fought in the Second World War.

“This sentence sends a strong message that in Britain, Holocaust denial and antisemitic conspiracy theories will not be tolerated.”

“Alison Chabloz is a remorseless and repulsive antisemite who has spent years obsessively inciting others to hate Jews, principally by claiming that the Holocaust was a hoax perpetrated by Jews to defraud the world.

“Other antisemites who believe that they can abuse the Jewish community online with impunity should take note.”

The judge sitting with magistrates at Southwark Crown Court added: “We unhesitatingly reject the appellant’s evidence that this song was at least in part motivated by a benevolent desire to free Jewish people from the shackles of “atrocity propaganda” about the Holocaust.

“We are sure that she wrote and performed it because she hates Jews.

“What is particularly repellent is that the song is sung in a spiteful parody of a Yiddish or similar accent, and is set to the tune of a celebrated Hebrew song, Hava Nagila.”

Referring to another song, (((Survivors))), judge Hehir said: “We consider that it is by no means excessive to describe this song as disgusting.

“It makes tasteless references to a number of identifiable Holocaust victims or survivors.

“It’s currency includes jovial reference to Dr Josef Mengele, the Auschwitz physician notorious for his sadistic experiments on Jewish and other children, to the bodies of babies being burnt and to the death, in a concentration camp, of one particular child Anne Frank.

“Shortly after seeking to extract humor from her death, the suggestion that her celebrated diary was not actually her work, and the supposed financial wrongdoings of her father and the charity established in her name, the song moves on to a denunciation of bankers and warmongers.

“A central theme of this song is that the Jews exploit the Holocaust for financial gain.

“We therefore affirm the appellant’s convictions on all three charges,” concluded the judge.

Earlier James Mulholland, QC, for the Crown, said proper academic discussion of history was protected under European Convention of Human Rights but Chabloz’s songs could not be considered reasoned criticism.

“Being a poor historian, a one-sided or one-eyed historian is not an offence,” explained the barrister.

Judge Hehir agreed, saying: “Of course Holocaust denial is not a crime in this jurisdiction.”

Mr Mulholland replied: “It is the manner in which that is done or whether or not it is proper analysis.”

He said speech likely to threaten justice, peace and non-discrimination was not covered by Article 10 (of the ECHR).

“This jurisdiction recognised formally that war crimes were committed by the Nazis in World War Two.

“If something is grossly offensive, simply describing it as satire cannot obscure that or obviate it. The assertion that Auschwitz is a “holy temple” is a deliberate attack.”

Adrian Davies, for Chabloz, said the original prosecution had been as strange one given that Chabloz was charged with embedding a link on her blog to recordings of her songs that had been uploaded by someone else.

“The whole thrust of the charge against her is that by merely pointing out that this song had already been published to YouTube, she is mens rea.”

Mr Davies argued that those who chose to view the videos would be at “either end of the spectrum,”

“Someone looking for material with a view to prosecution can be taken to know what kind of material they are going to find. Those gathering the evidence represent the other end of the spectrum of opinion.

“The prospect of some random person accessing it would be minimal given the amount of content on YouTube.”

Mr Davies added: “She obviously feels very passionately about the subject.

“It would be a very, very strong thing to say that a criminal penalty should be imposed on someone for singing in polemical terms about matters for which she feels so strongly, especially given the very limited nature of the subject of the charges against her.

“However offensive Mrs Chabloz’s lyrics might have been to some, they do not cross the line into grossly offensive and she ought, on that account, be acquitted.

“There is a very high hurdle to be jumped to show that she has gone beyond what she is entitled do.”

Chabloz told the court: “My songs are not a product of hate, they are a product of love, trying to free them from this atrocity propaganda.”

Mr Mulholland asked: “Do you believe that Jews, as a group, are more likely to lie?”

Chabloz replied: “In their holy scripture, the Talmud, it is even encouraged. In the Talmud there are verses that say Jews who lie are following their religious duties.

“These are song lyrics, these are not a PhD thesis – they are silly songs.”

Mr Mulholland replied: “They are silly songs? They are songs designed to abuse.”

Chabloz replied: “These are songs that nobody was obliged to listen to.”

She insisted that she was not a member of the far-right, claiming that she was pro-Palestinian and a “Holocaust revisionist.”

In one of the songs, the ex-music teacher sings about the ‘Holohoax’ before asking: “Did the Holocaust even happen, was it just a bunch of lies?”

Mr Mulholland questioned her on the subject of ethnicity, asking: “Is it fair to say that you take the view that this country, being British, belongs to the whites?”

“Um, I take the view that Europe is a civilization and white Europeans have the right to fight to defend their civilization and their culture.”

“Do you consider Jewish people to be white?” asked the QC.

“Some of them certainly look white,” replied Chabloz, “I don’t consider Jews to be a race.”

Chabloz, of Charlesworth, Glossop, Derbyshire, denied but was convicted of three counts of sending by a public communications network an offensive, indecent or menacing message or material.

She was sentenced to 20 weeks imprisonment suspended for two years and banned from posting on social media for a year.

Judge Hehir upheld the convictions on all three counts.

Jewish Times

A MOTHER and her son were injured during a racially aggravated attack in Breightmet earlier this year, which resulted in one of the victims needing brain surgery.

Dale Hart outside Bolton Crown Court

The pair had been walking to a bus stop on their way to church, the 15-year-old son, Ray Nhial, had run ahead to make sure they caught the bus and ran past Dale Hart, who was walking in the opposite direction with his partner and child in a pram.

Bolton Crown Court heard how Hart thought Ray had hit or nudged the pram running past and said “watch where you’re going” or words to that effect.

A scuffle ensued the court was told by Colin Buckle, prosecuting, and Hart punched Ray. In the course of the scuffle Ray’s mother, Nyawig Mantywil Wor may have been struck as well.

Hart admitted in his plea that he had hurled racist abuse at the family.

The court was shown CCTV footage of the incident which happened in Padbury Way, Breightmet on Sunday, June 3 at about 2pm.

From the CCTV it was clear said The Honorary Recorder of Bolton, Judge Martin Walsh that “there was no contact between Ray and the pram.”

Judge Walsh said: “You challenged him and after a verbal exchange, attacked him and punched him to the face.”

He added that: “It is apparent from the footage that you were the aggressor.”

The CCTV shows Mrs Wor stepping in to break the pair up, Judge Walsh said: “It is clear her actions were not aggressive but were designed and intended to bring an end to the scuffle… As the incident was being brought to an end you shouted racist abuse towards Ray Nhial and his family.”

Rosalind Scott Bell, defending, told the court: “He has to and did accept that in the heat of the moment he used language that was deeply offensive and he recognises such language is utterly inappropriate and he is contrite.

“The only matter Mr Hart was really concerned I conveyed was an apology to Mrs Wor and Ray themselves.”

Mrs Scott Bell told the court that Hart had been living in Glasgow with family for six months “for his own protection” and had been unable to return home in the last two weeks before sentencing because of concerning social media posts.

Mrs Scott Bell added: “He did accept he was the aggressor and they were his words.”

Following the incident the family got on the 561 First Bus and it drove away, however Mrs Wor became dizzy on the bus and got off to sit at another bus stop where she collapsed and was drifting in and out of consciousness.

Police officers and paramedics attended her and she was taken to Royal Bolton Hospital. There after a CT Scan it was discovered she hat a two brain bleeds and her brain had shifted inside her skull, requiring emergency surgery to relieve the pressure.

Mr Buckle told the court Mrs Wor was at a greater risk of brain bleeds because of a medical condition.

Yesterday the offender, Hart, aged 29, of Grantchester Way, Breightmet received a 12 month sentence, suspended for two years for affray and racially aggravated assault.

He must also complete 30 days of rehabilitation and carry out 180 hours unpaid work.

Bolton News

Kane Christopher Powell punched and racially abused Mohammed Shah in an attack described by a judge as ‘despicable’

A drunken 20-year-old man racially abused and attacked a taxi driver who had been enjoying a snowball fight.

The attack happened back in March and Kane Christopher Powell at first pretended he was joining in the wintry fun.

But a court heard Powell, of Higher Fore Street, Reduth, became violent and – backed by another man – attacked the taxi driver and called him a ‘paki’.

The two attackers then chased him down the street and tried to force their way into a house where the taxi driver had sought shelter. They smashed the front door while those inside tried to hold it closed.

Powell appeared at Truro Crown Court for sentence having previously pleaded guilty to common assault and racially aggravated threatening behaviour against Mohammed Shah and criminal damage to a door.

Prosecutor Philip Lee said: “It was late at night on March 1. It had been snowing. Mr Shah is a taxi driver and during a break in the evening, he and other drivers were throwing snow at each other.

“This defendant approached, initially seeming to join in and feigning joviality. ‘I am only joking,’ he said but soon became aggressive. He punched Mr Shah three times in the chest and then another person became involved, a Mr Webb, the absent co-defendant in this case who is wanted on a warrant.”

He said Mr Shah pushed Powell away and started to walk away. He added: “This defendant ran up behind him and punched him once to the face, causing him to fall to the ground with a cut to his lip.”

Mr Shah retreated to seek help from an Indian restaurant in Higher Fore Street but was followed by Powell and Webb.

Mr Lee said Powell was heard shouting ‘pakis’ and said: “Mr Powell accused Mr Shah of doing something sexual with his sister. There is no substance to that allegation, the crown says.”

He said Mr Shah was taken inside the house of the restaurant manager, Sultan Ahmed, but Powell and Webb began shouting and kicking forcibly at the door.

“At one point they forced the door open while the others behind where pinning the door closed. A further assault by the other man took place before both walked away,” he said.

He said Powell was later arrested and said to police: “Yeah, I banged him out, so what?”

The court heard from the Probation Service that Powell was drunk at the time and admitted he was suffering from an alcohol problem. He said that since March he had taken steps to address this problem.

Powell had moved to Cornwall from London at the age of 15, when his mother, who has alcohol issues, refused to pay for his return train ticket. The court heard he had been to school and college and now worked a carer for an autistic friend who he had met while they were both homeless on the streets.

Hollie Gilbery, representing Powell, said he had only a patchy memory of the evening, adding: “He cannot recall using the language described and he was quite shocked at using that language, but does not seek to deny the evidence of the police officers.”

She added that Powell himself had been the victim of a serious assault involving the use of baseball bats the previous summer.

Addressing Powell, Judge Simon Carr said: “As I hope you’ve learned and are prepared to accept, your behaviour that night was despicable. You had been drinking heavily with a group of young men who had also been drinking.”

He said they targeted Mr Shah, adding: “For reasons, in truth only you will be able to understand, you became verbally abusive and violent, assaulting him and punching him a number of times.”

He said Mr Shah and the other men sheltering in the house must have been terrified to have them battering down the door.

Judge Carr said it was unacceptable that the prosecution had taken so long for the case to come to court. He warned that if he had been sentencing Powell sooner, he would have sent him to prison. However, he acknowledged that Powell had taken positive steps since March to turn his life around.

Powell was handed an eight-month prison sentence, suspended for two years.

He was also made the subject of a curfew at home between 7pm and 7am for six months and must do 15 days’ work with the Probation Service on a range of programmes looking at a range of issues such as behaviour, impact on victims and substance misuse.

Powell was also ordered to pay £500 compensation to Mr Shah.

Cornwall Live

Kane Powell admitted assaulting his victim and shouting racial abuse

A Redruth man has admitted assaulting a victim of Pakistani origin and behaving in a threatening and racially aggravated manner.

Kane Powell, of Higher Fore Street, appeared at Truro Crown Court on Friday (November 16) for a plea hearing.

Powell, 20, pleaded guilty to two counts of assault, and another of causing racially aggravated fear/provocation of violence. He also admitted to being in possession of a lock knife in a public place.

The court heard that Powell assaulted his victim, Mohammed Shah, in Redruth on March 1.

Philip Lee, for the prosecution, told the court that the racially aggravated element of the offence came as a result of Powell approaching the door of a residential property belonging to Sultan Ahmed and repeatedly banging and kicking the door, while shouting racial abuse.

Judge James Townsend told Powell that he will be sentenced at Truro Crown Court on Tuesday (November 20).

Judge Townsend asked for a pre-sentence report to be prepared by the probation service to enable Tuesday’s sitting judge to understand the background behind Powell’s crimes.

In the meantime Powell was granted unconditional bail.

Cornwall Live

Mark Grogan had been drinking and admitted giving son a “good hiding”

A father has been given a suspended jail sentence after he assaulted his son with a baseball bat and threatened him with a machete.

Leeds Crown Court heard Mark Grogan had been out earlier drinking with his son Alex without any problem on January 15.

His son and a friend had returned with Grogan to his flat in Dewsbury where the drinking continued until the early hours. After the friend left both men fell asleep.

Bashir Ahmed, prosecuting, said the problems began when Grogan woke up and realised two treasured air rifles had gone and blamed his son or the son’s friend.

That led to an argument which culminated in Grogan pinning his son against a wall. He managed to get free and said he was leaving.

He had brought his dog with him and put it on the lead but as they were going Grogan partly shut the door trapping the dog’s paw. His son told him to leave the dog alone but Grogan then picked up the baseball bat and began to hit his son with it in the hall.

“At one point he hit him on the left leg causing him to fall over in pain,” said Mr Ahmed. He was also shouting: “I’m going to sort you out good and proper.”

His victim was struck again until he was crying and crawling on the floor towards the door only to be dragged back by Grogan.

He only managed to get away when his father went into the living room and as he got out saw Grogan was behind him waving a machete shouting: “When I get my hands on you I’m going to kill you.”

Alex Grogan, 20 at the time, managed to ring a relative for help and the police. When his father was arrested and interviewed he accepted giving his son “a good hiding, I just flipped.” He said if he had been sober it would never have happened.

Anastasis Tassou, representing Grogan, said his client had been drinking and he was upset about the air rifles but accepted he should have handled things differently. It was an isolated incident but the result had been a split in the family.

Grogan, 45 of Alexandra Crescent, Dewsbury, admitted assault causing actual bodily harm and threatening with an offensive weapon. He was given a total of 21 months in prison suspended for two years with 175 hours unpaid work and ordered to pay £300 compensation to his son.

Judge Mushtaq Khokhar said it was only his good fortune his son had not suffered even more serious injuries. But if Grogan was jailed immediately and lost his flat and job as a result it could only cause more problems.
Huddersfield Examiner

From 2016