Five accused of stirring up hate against homosexuals

This article is published in today's Derby Telegraph:

Five accused of stirring up hate against homosexuals

Five men are on trial accused of stirring up hatred against homosexuals by distributing a "threatening, offensive and frightening" leaflet in Derby.

The flyer was part of a protest mounted by a group of Muslim men against the annual Gay Pride parade in the city.The leaflet contained quotations from the Koran and a picture of a mannequin hanging from a noose with the words Death Penalty? boldly set out.

A gay man, who had this and another leaflet posted through his letterbox, told the jury at Derby Crown Court: "They made me feel terrorised in my own home.Another homosexual man who received the flyers said he feared his home would be fire-bombed.

Ihjaz Ali, 42, Razwan Javed, 28, Kabir Ahmed, 28, Mehboob Hussain, 45, and Umer Javed, 38, all of Derby, admit playing a part in distributing the leaflet.

But the men deny it was "threatening" or was intended to stir up hatred against homosexuals.

It is the first prosecution of its kind since legislation came into force in March 2010.The court was told that three leaflets were produced as part of the campaign, although the men are only charged over the final one distributed, which was the Death Penalty flyer.

This one included the text: "If the people of a town indulge in illegal sexual intercourse and practise usury of all kinds, Allah promotes its destruction."

The court heard that the leaflet said the death penalty had already been passed on every homosexual and, said prosecutor Bobbie Cheema, it was clear the only dispute was the method by which it should be done – being burnt, flung (from a building or mountain) or stoned.

Another leaflet was entitled Burn or Turn and had an image of a person burning in a lake of fire. It stated that homosexuality was the root cause of all problems. The third leaflet said "Gay – God Abhors You" and stated that Allah was severe in punishment.

Miss Cheema said the men were accused of a "hate crime".

She said: "These five defendants were part of a small group of men who distributed horrible, threatening literature, with quotations from religious sources and pictures which were designed to stir up hatred, hostility, against homosexual people.

"The leaflets you will see are not simply educational or informative. They are threatening offensive, frightening and nasty."

The court heard the leaflets were handed out near Jamia Mosque, in Rosehill Street, and posted through letterboxes in Normanton, in June and July 2010.

The Death Penalty? leaflet was handed out to people outside the Jamia Mosque after Friday prayers on July 2, 2010.

Miss Cheema said a police officer near the mosque at the time was handed a copy by Razwan Javed, who is brother to Umar Javed, and was then given a second leaflet by Ahmed in nearby Madeley Street. On July 3 and 4, 2010, this leaflet was posted through people's letterboxes in the area.

Miss Cheema said this came after the Burn or Turn and GAY leaflets had been distributed to the people of Derby, in the streets and through their doors.

Miss Cheema said Ali first approached police a few weeks before the planned Gay Pride parade, on July 10, 2010, to talk about a counter-protest by members of the Muslim community and was advised that any placards, signs, flyers or speeches that were made should be carefully worded so as not to commit any criminal offences.

The request for the procession was refused by the council because Ali, of Fairfax Road, Derby, had not submitted the application in time.

Many members of the public complained about the first two leaflets and, on July 1, Ali met with police again and told them his group had been giving them out. He was advised that officers were investigating the leaflets to see if any criminal offences had been committed.

Ali also showed police an A4 page of slogans intended for use on placards. Some had been crossed out by his solicitor, he said, and he asked police to check out the remaining ones.

Miss Cheema said they contained such things as "Stay gay and you will pay" and "Allah created Adam and Eve, not Adam and Steve".

Miss Cheema told jurors that Ali was charged with all four counts on the indictment because the prosecution claims he was the person responsible for organising the distribution of the leaflets.

The jury heard that the charges levelled against the five men involved offences said to have taken place on July 2 and July 4, 2010.

They are all charged with distributing threatening written material intending to stir up hatred on the grounds of sexual orientation contrary to Section 29C (1) of the Public Order Act 1986.

Ali faces four charges, while Hussain, of Rosehill Street, Normanton, and Umar Javed, of Whitaker Street, Derby, are charged with two counts each. Razwan Javed, of Wilfred Street, Derby, and Kabir Ahmed, of Madeley Street, Normanton, are charged with one count each.

Concluding her opening speech, Miss Cheema said the case was not about interfering with the defendants' freedom to express their religious views in an attempt to educate or inform.

She added: "The vast majority of Muslims and indeed other religious people or people with no religion who have firm views about homosexuality are able to express their views, if they wish, in a critical but lawful, moderate and self-controlled way."The Death Penalty leaflet goes beyond well beyond any such temperate discussion."

The trial is expected to last for two to three weeks.