Three jailed for gay-hate leaflet (From Asian Image)

Three jailed for gay-hate leaflet

4:44pm Friday 10th February 2012 in United Kingdom news

Three men were jailed today after becoming the first to be convicted of stirring up hatred on the grounds of sexual orientation for handing out a leaflet calling for gay people to be executed.

Ihjaz Ali, Kabir Ahmed and Razwan Javed gave out the pamphlet, entitled The Death Penalty?, that showed an image of a mannequin hanging from a noose and quoted Islamic texts that said capital punishment was the only way to rid society of homosexuality.

Ali was jailed for two years and Ahmed and Javed for 15 months each.

Following a trial at Derby Crown Court last month, they were convicted by a jury of distributing threatening written material intending to stir up hatred on the grounds of sexual orientation - the first prosecution of its kind since legislation came into force in March 2010.

Two other men, Mehboob Hussain and Umar Javed, who were also charged with the same offence, were found not guilty.

The Death Penalty? leaflet stated that the Islamic verdict on anyone caught committing homosexuality is to apply capital punishment to both parties involved.

It said: “The death sentence is the only way this immoral crime can be erased from corrupting society and act as a deterrent for any other ill person who is remotely inclined in this bent way.”

The leaflet continues: “The only dispute amongst the classical authorities was the method employed in carrying out the penal code.”

It goes on to offer burning, being flung from a high point such as a mountain or building, or being stoned to death as suitable methods.

Sentencing the men today, Judge John Burgess, Recorder of Derby, told them: “You have been convicted of intending to stir up hatred.

”It follows that your intention was to do great harm in a peaceful community.”

He went on: “Much has been said during the course of this trial about freedom of expression, and the freedom to preach strongly held beliefs; beliefs, which may have some foundation in scripture.

”Freedom of speech is a cornerstone of democracy and a basic ingredient of any free society.

”Parliament clearly had this very much in mind when this legislation was passed.”

New legislation was passed in March 2010 to include homophobia, around three months before the offences took place.

The legislation, the judge said, was passed by Parliament in order to urge people to refrain from behaviour which would stir up hatred.

”There was no intention to stifle debate, merely to protect,” he said.

The two-week trial heard that the men, who are all from Derby, admitted distributing the leaflet but said they were simply quoting and following what their religion teaches about homosexuality and did not intend to threaten anyone.

Taxi driver Ali, 42, of Fairfax Road, who prosecutor Bobbie Cheema said was believed to be the main organiser and supplier of the leaflets, was found guilty of four counts of distribution on July 2 and July 4.

Ahmed, 28, who is married with a nine-month-old daughter and lives in Madeley Street, and Razwan Javed, 28, who is single and lives with his parents and grandparents in Wilfred Street, were convicted of distribution in the area of the mosque on July 2.

The leaflet was handed out outside and near the Jamia Mosque in Derby’s Rosehill Street and in streets around the local neighbourhood in July 2010.

Made and used as part of a campaign to publicise a protest in response to the Gay Pride parade due to be held in Derby on July 10 that year, the court heard that Ali told the other men that the leaflets had been checked by police and lawyers for any legal problems.

Judge Burgess said that, because the prosecution was the first of its kind, he had no guidelines to which he could refer but had borne in mind the culpability of the offender and the harm caused.

”I am obviously keen to dissuade anyone from distributing this sort of material in the future,” he said.

”Looking at the harm done, I have considered the threat felt by the individuals that gave evidence at the trial, and the likelihood that others were similarly affected.

”I have borne in mind that the residents of the streets who received this leaflet do not seem to have changed their attitude or behaviour towards their gay neighbours.

”Indeed, it was heartening to hear one witness say that he experienced great support from his neighbours following the distribution of these leaflets.”

That being said, the judge commented, the men had been convicted by a jury of intending to stir up hatred, convictions which could only be marked by a prison sentence.

He added: “The jury had the benefit of listening to all of the evidence in this case.

”They knew what the constituents of the offence were, and they had well in mind that the offence would not be committed by mere adverse criticism of homosexuality.”

Married taxi driver Mehboob Hussain, 45, of Rosehill Street, and Razwan’s brother Umar Javed, 38, a married takeaway worker who lives in Whittaker Street, were both cleared of distribution relating to posting the leaflets through the letterboxes of homes on July 4.

Two other leaflets called Gay - an acronym for God Abhors You - and Turn Or Burn, were distributed around the same time, the court heard.

A fourth leaflet - Dead Derby - was also found by police but was not distributed.

Jurors were told that the leaflets were not informative or educational but were simply “threatening, offensive, frightening and nasty”.