Israel flag racism student Paul Donnachie loses appeal
Published: 1st May 2012 15:13:11
A man who called a Jewish student a terrorist has lost his appeal to have his conviction for racially aggravated behaviour quashed.
Paul Donnachie, 19, was given 150 hours for putting his hands down his trousers before rubbing them on Jewish student Chanan Reitblat's Israeli flag.
Lawyers acting for Donnachie were told by appeal court judges a sheriff did not make a mistake when sentencing him.
Donnachie committed the offence at St Andrews University in March 2011.
The 19-year-old from Blackpool, Lancs, was convicted at Cupar Sheriff Court in September last year of defiling a flag that hung on the wall of American student Mr Reitblat's room.
He also called Mr Reitblat, from New York, a terrorist during the incident.
Sheriff Charles Macnair QC also ordered Donnachie to pay £300 compensation towards his victim, who studies at Yeshiva University, also in New York.
However, Donnachie's legal team believed Sheriff Macnair committed a miscarriage of justice when he did not allow members of a Palestinian Solidarity Campaign group to give evidence during proceedings against Donnachie.
The protesters were expected to tell the court about the political situation in Israel - something which solicitors acting for Donnachie thought was relevant to his defence.
On Tuesday, three judges at the Court of Appeal in Edinburgh refused to grant Donnachie's appeal to have his conviction overturned.
In proceedings that lasted less than a minute, Mr Donnachie's lawyers were told that the appeal had failed.
In a written judgement, The Lord Justice Clerk, Lord Gill, said that Sheriff Macnair had acted correctly when dealing with Donnachie.
He wrote: "There was therefore no substantive miscarriage of justice nor was there an appearance of injustice."
His fellow judges, Lord Mackay of Drumadoon and Lord Bonomy, also refused to overturn Donnachie's conviction.
Donnachie was thrown out of St Andrews University after being found guilty of racially abusing Mr Reitblat following the two day trial at Cupar Sheriff Court.
At 07:02:20 in SportEngland manager Roy Hodgson has given encouragement to Jonjo Shelvey and his Swansea City team-mates that they remain in contention for a call-up.
At 06:53:10 in WalesBarack Obama will become the first serving US president to visit Wales when he arrives in Newport for the Nato summit later.
At 06:51:24 in Northern IrelandHe demands a great performance, an exciting ear, a good pair of legs and, above all, likes a mesmerising mover. And there's not a pair of high-waisted trousers in sight!
At 06:45:31 in SportRobert Dunlop didn't get away with it. Not this time. So here he is, dying on the side of a road. Just like older brother Joey, eight years earlier. Local heroes - united by blood, glory on two wheels and the violence of their endings.
At 06:43:40 in Northern IrelandA man has been left shaken after a shooting incident at a house in Ballymoney in County Antrim on Tuesday evening.
At 06:35:30 in EnglandA new memorial is to be created in Guernsey to honour soldiers who lost their lives in World War One.
At 06:23:24 in Northern IrelandPat Gallagher is preparing to welcome visitors to Ireland, but he has no plans to dress up for the occasion.
At 06:17:57 in Northern IrelandThe Northern Ireland health minister, Edwin Poots, has given dire warnings about what could happen to services if his department does not get another £160m.
At 06:12:31 in Northern IrelandSecretary of State Theresa Villiers will give evidence later in front of MPs investigating the issuing of letters to "on the run" paramilitaries.
At 06:08:23 in Northern IrelandNorthern Ireland's health minister and chief medical officer are expected to appear before an emergency meeting of the health committee later.
Harvard CitationBBC News, 2012. Israel flag racism student Paul Donnachie loses appeal [Online] (Updated 1st May 2012)
Available at: http://www.ukwirednews.com/news/1425760/Israel-flag-racism-student-Paul-Donnachie-loses-appeal [Accessed 3rd Sep 2014]
News In Other Categories
The Moderator of the General Assembly of the Church of Scotland has urged both sides in the referendum debate to treat each other with respect.
England manager Roy Hodgson has given encouragement to Jonjo Shelvey and his Swansea City team-mates that they remain in contention for a call-up.
Workers decommissioning Japan's crippled Fukushima nuclear plant have sued its operator Tokyo Electric (Tepco) over unpaid hazard wages.
The Toronto International Film Festival is set to kick off on Thursday - one of the largest and most prestigious events in the annual film festival calendar.
Barack Obama will become the first serving US president to visit Wales when he arrives in Newport for the Nato summit later.
A new memorial is to be created in Guernsey to honour soldiers who lost their lives in World War One.