Hecklers at Israeli concert have 'racism' charge thrown out

A GROUP of pro-Palestinian protesters who disrupted a concert by Israeli musicians in Edinburgh have had charges of racially aggravated conduct thrown out by a sheriff.

Members of the Scottish Palestinian Solidarity Campaign were accused of racism after they heckled the Jerusalem String Quartet during a performance at the Edinburgh Festival in 2008.

Initial charges of breach of the peace were changed to racially aggravated behaviour, after they were alleged to have maliciously harassed the musicians by shouting at them on five separate occasions during the performance in the Queen's Hall.

But the enhanced charges were dismissed at Edinburgh Sheriff Court yesterday by Sheriff James Scott, to applause from about 60 supporters of the group in the public gallery. It is unlikely any further charges will be brought.

During the trial, the court heard the concert had been interrupted by shouts of "They are Israeli army musicians", "end genocide in Gaza" and "boycott Israel".

Members of the group, which has called for a cultural boycott of Israel, were then ejected by security staff and arrested.

The accused, Michael Napier, 63, Sofia Macleod, 39, Vanesa Fuertes, 35, Kevin Connor, 40, and Neil Forbes, 55, all from Edinburgh, said they were trying to highlight the plight of Palestinians and their protests were a political statement.

All five were cleared of racist behaviour after the sheriff agreed their actions amounted to a political protest against Israel and the Israeli army, which the Scottish Palestinian Solidarity Campaign insists is linked to the quartet.

The sheriff said the protesters' comments had been clearly directed at the state of Israel and the Israeli army and could not amount to racism because Israel was not a person and the quartet were not targeted as presumed citizens of Israel, but as presumed members of the Israeli army.

"It seemed to me that the procurator-fiscal's attempts to squeeze malice and ill will were rather strained," Sheriff Scott said.

He added that if people on a public march to protest against alleged crimes committed by a state and its army were afraid to name the state for fear of being accused of racially aggravated behaviour, it would render their right to expression worthless.

The sheriff said the prosecution had been unnecessary and disproportionate, before ruling it incompetent and discharging it.

The prosecution asked the sheriff for leave to appeal, and the Crown said it was "carefully considering the court's decision".

Aamer Anwar, representing Mr Napier, welcomed the judgment. He said: "Freedom of expression and the right to protest of course carries responsibilities, but a dangerous precedent would be set if demonstrators were criminalised for racism for protesting against state genocide."