Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts

Antisemitic yob who sang 'offensive song associated with the EDL' loses prison sentence appeal

on Saturday, February 9, 2013

A racist yob from Harlow who was branded a "disgrace to the values of this country" after making Nazi salutes and unleashing a torrent of anti-semitic abuse in a London pub has failed in a bid to have his prison sentence reduced.

John Patrick Hennigan (46), of Long Banks, Harlow, was caged for 21 months after he was convicted at the Old Bailey in October of breaching an anti-social behaviour order for the seventh time.

He has now lost his application to have the sentence cut when judges at the Court of Appeal ruled it was "richly deserved".

Judge Michael Stokes QC said Hennigan was barred from using foul, threatening, racist or abusive language under the terms of an ASBO imposed in 2005.

But he flouted the order when he went to The Magpie pub at Bishopsgate in central London – from which he had been barred twice before – in February of last year.

"He had been seen to make Nazi salutes and engaged in racist and anti-semitic language and, when the manager required him to leave, he resisted", said the judge.

Hennigan continued to make racist remarks and started singing an offensive song associated with the English Defence League. When he was told the police had been called he continued to resist and said "If I were a Jew, you wouldn't be doing this."

Hennigan also hurled abuse at police officers, calling one a "f***** pathetic little creature" as he was arrested.

In his grounds for appeal, Hennigan claimed the trial judge over-rated the seriousness of the breach and had imposed a sentence which he described as "manifestly excessive". But Judge Stokes, sitting with Lord Justice Leveson and Mr Justice Nicol, rejected the appeal, saying:

"Hennigan's behaviour in a crowded pub could have led to serious disorder. He takes no notice of court orders, which is in itself a serious aggravating feature, and a significant custodial sentence was inevitable in this case.

"We have considered the grounds of appeal but reject arguments that the judge erred. This sentence was not wrong in principle or manifestly excessive; on the contrary, it was fully justified and richly deserved."

Harlow Star, 8 February 2013



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Michigan Supreme Court rejects appeal by mosque opponents

on Sunday, February 3, 2013

WEST BLOOMFIELD — The Michigan Supreme Court won't hear an appeal over the sale of a Detroit-area school for a mosque and Islamic community center.

In an order released Saturday, the court said a September decision by the appeals court in favor of the Farmington school district will stand.

The Islamic Cultural Association bought the vacant Eagle Elementary School in West Bloomfield Township in 2011. Some residents sued, claiming the deal was somehow corrupt and hidden from the public. An Oakland County judge and the appeals court have said critics have no standing to sue.

The Islamic association has said opponents are unfairly targeting people over their Muslim faith. The West Bloomfield Planning Commission has not taken action on the proposed mosque.

Associated Press, 2 February 2013

See also "State Supreme Court rejects appeal of West Bloomfield mosque opponents", West Bloomfield Patch, 2 Febuary 2013



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Court of Appeal quashes the wrongful conviction of Ahmed Faraz

on Saturday, December 22, 2012

One year on from his imprisonment, the quashing of Ahmed Faraz's conviction for the dissemination of terrorism publications, is a great victory for freedom of expression in the UK. 

In a damning judgement, the UK Court of Appeal ruled that no causal link could be presented that publications produced by the Maktabah bookshop would inspire acts of political violence or terrorism. They said that it was incorrect of the trial judge to permit evidence that those who had carried out acts of terrorism had owned copies of the books or DVDs and that it was a short cut to a conviction.

The judges further explained that when the extent of acts of political violence are considered, the percentage of those who might have read Maktabah publications was very small and so such a causal link was entirely onerous. 

The reliance on pseudo experts by the prosecution proves that creating an atmosphere of fear for a jury, does not mean that a criminal act has taken place, but rather that the prosecution relied heavily on the ignorance of the jury on particularly complicated matters. 

Research Director for CagePrisoners, Asim Qureshi, said of the decision:

"The conviction of Ahmed Faraz by a jury last year was completely incorrect. The jurors based their decision on a fundamental misunderstanding of Muslim ideas and behaviour. The judgement of the Court of Appeal is warmly welcomed as it highlights that incidental links to acts of political violence or terrorism should never be criminalised, particularly where causality is tenuous at best." 

CagePrisoners press release, 21 December 2012



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Rutherford County Commission votes to appeal public notice ruling on Murfreesboro Islamic Center

on Saturday, June 16, 2012

The Rutherford County Commission voted 15-6 Thursday night to appeal a court ruling that voided approval of a mosque. "I just can't imagine an appellate court would agree we should discriminate," Commissioner Trey Gooch said before the vote.

County Attorney Jim Cope estimates that the legal fee cost to appeal will be in the $15,000 to $25,000 range. While waiting for the appeal to work its way through the courts, Chancellor Robert Corlew's Wednesday ruling banning the county from issuing a certificate of occupancy to the Islamic Center of Murfreesboro will stand unless it's overturned or he dissolves it, Cope added.

Commissioners took action in response to the recent court order from Corlew that made approval of the mosque void because the county government failed to provide adequate public notice before approving the Islamic Center of Murfreesboro's construction plans to build a mosque on Veals Road off Bradyville Pike.

The county's Regional Planning Commission, which voted to accept the ICM's long-term site plans for a 52,960-square-foot center, also voted 6-1 Monday to appeal Corlew's ruling.

Daily News Journal, 15 June 2012



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Purley Muslim group lodge appeal against Islamic community centre refusal

on Friday, May 25, 2012

A Muslim group has reignited the battle for an Islamic community centre in Purley by appealing against the council's decision to refuse it.

In March the Advertiser reported how the plan was defeated by Tory councillors who said the centre, for 5 Russell Hill Place, would be "detrimental" to residents living above and for motorists who use the car park the site faces onto. However, this week we surveyed residents in the flats above the site, with the result suggesting the majority of them support it.

Purley Islamic Community Centre (PICC) has lodged an appeal which could end with a £10,000 bill. A council ruling is expected within the next 10 weeks.

PICC spokesman Usman Sadiq said: "We are determined to establish a centre within Purley and after careful consideration have decided to appeal the council's decision. I am certain the centre will benefit the whole community and aims to provide a number of services targeted for local Muslim families but will be available to all."

Although 226 were against the Islamic centre as opposed to 214 in support, the council's website also reveals only around half of those 440 respondents were from Purley. The others included people from places such as Thornton Heath and New Addington, with several more from people who don't even live in Croydon borough and even one response from Hong Kong.

The Advertiser this week canvassed residents living in the flats above the proposed centre. Of people in the 13 flats we spoke to, 10 said they supported it while three were against the plans.

Mike Hill, 62, said: "I think they're right to appeal. I spent 10 years in Saudi Arabia and so I know what true Muslims are like and they are not a problem at all."

Fellow resident Paul Barnett, 30, said: "I think the council should turn their attention to filling empty shops. As far as I'm concerned the council has got its priorities wrong. I was all for the plan after going down and meeting them. We have the pub which can be quite noisy from people outside but these people aren't drunks."

However, one resident who objected said it would create too much activity, with Purley Youth Centre and the United Reformed Church next door.

Figures released to the Advertiser by the London Ambulance Service show there have been no traffic accidents in Russell Hill Place during the last year.

The town centre site would see the empty Venture photography building in Russell Hill Place converted with room for homework clubs, a senior citizens' club and keep-fit and cookery classes. The partitioned classrooms would also host Koran lessons and Muslims could pray five times a day, with capacity for around 50 to 70 people.

Croydon Advertiser, 21 May 2012



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Scottish Defence League wins appeal to hold rally in Edinburgh

on Thursday, May 24, 2012

The Scottish Defence League has won an appeal to hold a rally in the capital. The group previously had a request to march through Edinburgh rejected by the City of Edinburgh Council. At Edinburgh Sheriff Court on Wednesday it was granted permission to gather on Regent Road on Saturday.

Anti-fascism group Unite Against Fascism Edinburgh have said the city's residents will be "rightly outraged" by the decision. Luke Henderson from the group said: "This is not about freedom of speech; this is about vile racists bringing a message of hate into Edinburgh. They want to divide communities and spread fear and violence. Edinburgh is one city of many cultures and in this town there is overwhelming opposition to racism and organised racists and fascists."

Following the decision, a spokesman for the SDL said: "We have legitimate concerns about extremist interpretations of Islam and cultural applications of Islam including issues such as forced marriages and honour violence. We have the right to communicate our concerns to our fellow citizens and make them aware of our concerns in the capital of Scotland this Saturday. The Scottish Defence League would like to thank the courts for overturning the council and letting democracy thrive in this great nation."

STV, 24 May 2012



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Wilders' new book aimed at US market may appeal only to his 'small, rich and fanatical group of followers'

on Saturday, April 21, 2012

A new book by Geert Wilders aimed at the American market is not due to be officially launched until May 1, but details gleaned from advance and review copies are already doing the rounds.

The book is entitled Marked for Death, Islam's war against the West and me and according to Wilders' own website 'tells the story of Geert Wilders' fight for the right to speak what he believes: namely that Islam is not just a religion but primarily a dangerous ideology which is a threat to Western freedoms.'

The book will be officially presented at an as-yet secret location in the US, and is regarded by some as Wilders' calling card to America. The Dutch MP has made no secret of his international ambitions and is keen to launch and International Freedom Alliance, he said last year.

Magazine HP/De Tijd looks at one incident in the book in which Wilders writes how he was robbed by "three Arab youths" in the Utrecht district of Kanaleneiland – an area of poor housing and high unemployment.

In fact, the robbery took place in a more upmarket part of town several kilometres away the magazine says, citing references to the incident in a biography of Wilders published several years ago.

Tom Kleijn, Washington correspondent for television show Nieuwsuur says the book is a dry, almost academic recount of "how Wilders has become what he is". The book even contains an index and sources, he points out. "Wilders has a small, rich and fanatical group of followers in America," Kleijn said. "But it remains to be seen if this book will boost Wilders' popularity."

Current Dutch president Mark Rutte is not mentioned once, but Wilders states five times that he and Ayaan Hirsi Ali, the Dutch Somali Muslim critic who now works for a US think-tank, are of the same opinion, Kleijn points out.

Nos correspondent Eelco Bosch van Rosenthal describes how Wilders emphasises his admiration for former US president Ronald Reagan and states current president Barack Obama is a dhimmi – a submissive non-Muslim in a Muslim state.

Dutch News, 21 April 2012



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