Sheriff forced to adjourn trial of students accused of anti-semitism
The trial of two St Andrews University students charged with anti-semitism was adjourned on Wednesday after one of the accused sacked his defence team.
- By Dave Lord
- Published in the Courier : 12.05.11
- Published online : 12.05.11 @ 01.31pm
Samuel Colchester and Paul Donnachie are charged with fondling their genitals before rubbing their hands on a flag of Israel. It is claimed they were intending to cause "alarm or distress" to Jewish man Chanan Roziel Reitblat.
The day began with drama outside Cupar Sheriff Court as protesters from the Scottish Palestinian Solidarity Campaign gathered to express concern over the case.
However, there was more drama in the courtroom as Donnachie announced he had "lost confidence" in his solicitor.
With no alternative defence team in place, Sheriff Charles Macnair reluctantly ruled he had no choice but to adjourn the trial.
However, that will cause huge problems as the complainer in the case — a fellow St Andrews University student — is due to return to America next week. The move is expected to be permanent, meaning he will have to be flown back to the UK at the Crown's expense to give evidence.
Colchester (20), of Andrew Melville Hall, and 18-year-old Donnachie, of McIntosh Hall, both deny indulging in anti-semitic behaviour.
It is understood Donnachie will argue that his human right to freedom of political expression will be breached if he is convicted.
Both students face a charge alleging that on March 12 at a building owned by the university in Links Crescent, they acted in a racially-aggravated manner intended to cause alarm or distress to Mr Reitblat.
The charge states they placed their hands inside their trousers and on to their genitals before rubbing them on a flag of Israel. It is also alleged they made comments of an offensive nature within Mr Reitblat's presence, contrary to the Criminal Law Act.
An alternative charge states the pair behaved in a threatening or abusive manner likely to cause a reasonable person to suffer fear or alarm by acting in the manner described, contrary to the Criminal Justice Act.
The case was previously adjourned so as to avoid the Jewish Passover festival.
Most people present in the packed court on Wednesday clearly expected the trial to commence — but it transpired Donnachie's newly-instructed solicitor had not turned up. It was left to local agent Douglas Williams to explain the situation to a clearly exasperated Sheriff Macnair.
"Mr Donnachie lost confidence in his original solicitor and instructed a new agent," he explained. "He is not here today, but has asked that the case be adjourned."
Depute fiscal Brian Robertson opposed the motion, insisting the accused already had plenty of time to prepare for the case.
"To say it is surprising to learn the new solicitor is not here today is an understatement," he told the court. "It seems, on the face of it, that this is a delaying tactic, which is totally unacceptable and contrary to the public interest."
Sheriff Macnair said he shared the depute fiscal's frustration, but added that he did not feel Donnachie should be forced to conduct his own defence. He said the implications could be enormous, with Donnachie apparently threatened with being kicked out of university if found guilty.
With several members of the press present in court, and nearly every seat on the public benches taken, he added that he understood there was a "significant and very legitimate" public interest in the case. Nevertheless, the sheriff ruled he had no option but to adjourn the trial.
"I am not at all impressed by the steps taken ... following the transfer of agent," he said. "However, I understood that if he (Donnachie) is convicted it is likely that it will have a substantial impact on his university career and then on the rest of his life.
"I also appreciate that the complainer is concerned and wishes to give evidence today," Sheriff Macnair continued. "I fully understand that concern as giving evidence is stressful for any witness.
"Having regard to the balancing act I am required to perform ... I am forced to conclude that the interest of justice requires that the second named accused (Donnachie) be given the opportunity to obtain new representation."
The sheriff added that he took "absolutely no pleasure" in adjourning the trial.
After making inquiries with witnesses, the depute fiscal asked that the trial be heard on August 22.
An intermediate diet was fixed for July 4.
