Peter Tierney arraigned for assaulting anti-fascist

As Peter Tierney of Liverpool BNP was arraigned for smashing an anti-fascists head in with a camera tripod, protesters organised by the magistrates court in opposition to fascist violence. But much more can be done.

Today, BNP "super-activist" Peter Tierney was arraigned at the Liverpool Magistrates Court on assault charges. On St George's Day, he split open a man's head with a camera tripod during an attack perpetrated by him and Steve Greenhalgh on anti-fascists who had managed to organise opposition to the party's city-centre leafleting on a moment's notice. Despite accusing another anti-fascist of attacking him, Tierney was eventually arrested and charged by Merseyside police.

In response, the BNP claimed that it was in fact they, "including women and elderly folk," who were "suddenly physically attacked" by "a mob of violent Tory and Labour-supported UAF thugs." These "thugs," of course, being local anti-fascists who were not "harassing" Tierney and his fellow fascists but leafleting against them and their lies.

In the run up to the court-date, the BNP mailing list urged armchair fascists to "email or phone the Crown Prosecution service," in an attempt to subvert the course of justice with a flood of crank calls. Merseyside BNP also called on "all democratic, peace loving Nationalists" to show "support" for Tierney by protesting outside the court.

Today, however, after Merseyside antifascists organised an opposition rally to "show the BNP that we won’t tolerate their racism and violence in Liverpool or anywhere else," the story was somewhat different. Around fifty anti-fascists turned up at the Magistrates Court to protest both the fascist gathering and Tierney's violence, but the BNP were nowhere to be seen.

On the other side of the road from the antifascist gathering, however, four known local fascists - believed to be of the British Freedom Fighters (BFF) rather than the BNP - gathered to jeer at the protesters and take pictures. In response, many in the crowd produced their phones to photograph the snoops whilst a chant of "I'm on Redwatch and I don't care" started up. Eventually, the four slipped away to massive jeering, though not before skulking under the nearby motorway bridge to take a few more photographs.

Inside the court, meanwhile, Tierney was decidedly the worse for wear, looking as though he was "off his face on some or other substance" and being unable to remember his own address. His bail conditions, namely a ban from Liverpool city centre, were reimposed, and he will stand trial on September 3rd. It is vital that anti-fascists come out to demonstrate their opposition to Tierney's violent thuggery once again.

However, although today's protest served its stated purpose well, I can't help thinking that it could have been better done. Although local Liverpool anti-fascists were the first to call a demonstration, it was Unite Against Fascism (UAF) who quickly dominated the event, with UAF and trade union "leaders" there as speakers. One major problem I have with the UAF and similar organisations is that theirs is an opposition to the extreme right centred on hierarchy and authority, with a lot of neglect as regards grassroots organisation.

In Liverpool we do not simply need a band of people who will come out to hold banners at protests in "safe" areas pre-arranged with the police. What we need is solid, grassroots organisation of activists who will not just come out to shout "scum" at fascists but also mobilise their community, engage with ordinary people, and combat the ideology as much as the physical presence of fascism. We need to be there in great numbers when fascists come out, and to present genuine opposition - not to simply negotiate with police to sell the Socialist Worker in an area of their choosing. Most importantly, we need a movement that is tied into class-struggle, not one that tries to turn people off the BNP by directing them towards a government enacting their worst policies.

Successful anti-fascist movements recognise that real power lies with the people, not with "leaders" and "spokespersons." Moreover, they organise with the aim of taking back the streets from fascists wherever and whenever they may be, and they realise that asking police permission to occupy a small corner for a short time does not even come close to this goal. Tierney and his fellow thugs must be opposed, not by bureaucrats with a permit but by ordinary people with cries of "¡No Parasan!"

Truth, Reason and Liberty

Prosecutors press for action against BNP leaflets

• Pressure mounts for end to race hate law loopholes
• CPS powerless to pursue complaints made by police

Senior prosecutors are calling for the laws on race hate crimes to be strengthened to counter the threat posed by the British National party.

The threshold for securing a conviction is so high that far-right activists are able to evade prosecution for material that many people would consider to be threatening and racist, according to sources at the Crown Prosecution Service (CPS).

Prosecutors blame the lack of convictions on the strict legal test, which requires showing an intention to "stir up racial hatred" or a likelihood that racial tension would be stirred up.

The offence, which was created under the Public Order Act, only applies to acts that take place or are witnessed in public so it does not cover leaflets that are pushed through people's letter boxes. It also offers no protection against the publication of inaccurate or false information.

Several BNP leaflets have been referred to the CPS over the last five years – some by senior police officers and one by a judge – but no further action has been taken.

Peter Herbert, the chairman of the Society of Black Lawyers and a part-time judge, submitted a complaint last year over a leaflet called The Changing Face of London that had two pictures, one depicting an all-white street party from the 1950s, the other showing three Muslim women wearing a niqab, one of whom is making a V-sign towards the camera.

"Under the law, it has been extremely difficult to mount a prosecution against extremism and hate speech," said Herbert. "But with the rise of the BNP, and the subsequent rise in racist attacks and the fear the party's leaflets can provoke, it is essential we are given the tools to deal effectively with this threat."

Herbert said the law should protect people from material that creates a fear of racist attacks as well as those that are deemed to incite racial hatred. "All the evidence suggests that it is people from minority communities and the faith communities that are put in fear of violence when racist leaflets are delivered in town centres or on estates. If someone handed out the same thing in the workplace, most employers would consider that gross misconduct; if someone does the same thing in the street, there is very little we can do."

Another complaint was submitted to the CPS by Lancashire police who expressed concern about a BNP leaflet which blamed Muslims for the heroin trade. Four people were arrested and released on police bail last year but detectives are still waiting to hear from the CPS about whether they have grounds to prosecute for "incitement to stir up racial hatred".

In another incident, Derbyshire police alerted the CPS about a BNP election leaflet claiming three asylum seekers had raped a woman. The police said the rape claims were "unfounded", but the CPS said there were no grounds to prosecute under existing law. "Whilst those details in the leaflet regarding the alleged rape are factually incorrect, this in itself does not constitute a criminal offence," said a CPS spokesman at the time.

A senior prosecutor told the Guardian: "There are numerous problems. The test to show incitement is very high and the material has to be distributed in public rather than put through people's doors. This makes it really difficult to get convictions for material which many people consider racist."

A CPS source confirmed that the organisation would review its policies on prosecuting race hate crimes following the election of two BNP candidates, including the party's leader, Nick Griffin, to the European parliament.

"We will need to look again at the situation with prosecuting incidences of this material," the source said.

Last week, the Equality and Human Rights Commission, the official watchdog on race and equality, wrote a formal letter to the BNP giving them one month to remedy three alleged breaches of the Race Relations Act, including the party's whites-only membership policy.

That announcement increased the likelihood of legal action against the BNP in the civil courts, but critics say there have been too few criminal proceedings, despite material distributed by the party which many regard as inflammatory.

Herbert, the former chair of the Metropolitan police race hate crime forum, said a number of anti-racism and human rights bodies would back a change in the law.

"I expect a strong coalition will form around this idea and put pressure on the government to instigate a change in primary legislation as soon as possible," he said.

Anti-racism campaigners welcomed the crackdown on inflammatory or racist leaflets but warned more was needed to effectively counter the threat posed by the BNP.

"Where the BNP has been distributing racially offensive material, it is right that they should be prosecuted with the full force of the law," said a spokesman for the anti-fascist organisation Searchlight. "However, the way we will defeat Nick Griffin and his party is street by street and estate by estate, not lawyer by lawyer and courtroom by courtroom."

The Guardian

Jo Brand in clear over BNP joke

Comedienne Jo Brand will not be prosecuted over her remarks about the British National Party during a BBC comedy programme.

The comments - about the leaking of the BNP's membership on to the internet - were made during the Live At The Apollo show, broadcast on January 16. Miss Brand, 51, told the Hammersmith Apollo: 'Hurrah. Now we know who to send the poo to.'

Following complaints from the BNP, Miss Brand was investigated for allegedly committing an act of incitement to cause racial harassment but the Crown Prosecution Service said yesterday: 'We have advised the police to take no further action.'

Mail Online

Landlord's fury over race-hate allegations

A pub landlord has hit out after being arrested on suspicion of committing a racially-aggravated public order offence.

Police swooped on Peter Mailer's premises, the Black Bull Hotel in Warkworth, last Tuesday, following a formal complaint over newspaper clippings, political cartoons and other items displayed on his bar-room walls.

Mr Mailer, who admits he is an active supporter of the British National Party, was hauled into Alnwick Police Station, along with the cuttings, where he provided a taped interview under caution.

He has now been bailed to return to the station on December 23, when he will learn whether or not the Crown Prosecution Service will charge him. But the 52-year-old publican said he was stunned to learn that the complaint had been made by an off-duty senior police officer from Nottinghamshire, who was on holiday in the region when he paid a visit to the Black Bull the previous Friday night.

Mr Mailer said: "This chap was in with a friend and their respective wives for a drink, and I had a chat with them. It was their first time in Northumberland. There was absolutely nothing said about the so-called racist items on my wall. About 90 per cent of them were clippings taken directly from national newspapers. On Tuesday two Northumbria officers turned up and arrested me, took everything off the walls and I had to go to the station to give a taped interview."

He added: "It seems that this senior officer had to justify his fat salary by rocking the boat in a sleepy little village hundreds of miles away from where he lives. I've had this pub three years, it's full of regulars of all political persuasions who don't have an issue with what I put on my walls."

Asked about his political views, Mr Mailer said: "I don't hide the fact that I am a supporter of the BNP, but I don't force it down peoples' throats. If I am asked who I politically support, then I will say so. I don't make a big issue of it.

"I'm all for law and order, more active policing and less paperwork, priority and more support for the UK residents in general and a harder line on illegal immigrants, but I am not a racist. I have Asian and Arab friends and employees, including the manager of my new business in Harrogate, who is a Muslim. I don't have an issue with race, just with spongers travelling half way round the world to abuse the system we currently have in this country."

A spokeswoman for Northumbria Police said: "A 52-year-old man from the Alnwick area was arrested on Tuesday, November 25, on suspicion of committing a racially-aggravated public order offence, and has been bailed."

Northumberland Gazette

Anti BNP Event and Merseyside Police

Saturday 29th November 2008 saw a massive protest leafleting event against the fascist BNP and the racist leaflet for which 13 BNP members were arrested the previous Saturday. Over 500 Anti-fascists turned out including many from Liverpool’s black community to ensure that Merseyside stays a Fascist free zone.

The Merseyside Coalition against Racism and Fascism (M.C.A.R.F) and Searchlight produced a special leaflet to counter the racist BNP leaflet and printed 10, 000 copies and many were distributed on Saturday.

The President of M.C.A.R.F. Alec McFadden negotiated with Merseyside Police, organized the event, recruited stewards and produced the leaflets. The agreement with Police was that our leaflets would be distributed at the bottom of Church Street near Co-op bank. The Merseyside Police also confirmed that anyone distributing the racist BNP leaflet would be arrested.

On Tuesday 25th November the Crown Prosecution Service C.P.S ruled that the leaflet was likely to increase racial tension but was unlikely to increase racial hatred.

Merseyside Police objected and appealed that decision but on Friday the appeal was rejected, which meant that BNP could distribute their leaflets that were likely to increase racial tension, however M.C.A.R.F. was not informed of this

On Saturday morning 9. 45am the President of M.C.A.R.F. and three stewards were informed by the Senior Police Officer that the BNP were free to distribute their racist leaflets. All 500 plus present were addressed by the President of M.C.A.R.F. of the dangers, the need to work in groups and to contact one of the stewards or the police if anything threatening happened, including the BNP photographing demonstrators, and that personal security was a priority.

Over the next two hours 3000 leaflets were distributed, a number of speeches were made, music played, and the stewards did a great job, although a few BNP did try and take photos of demonstrators leafleting. These were dealt with by Police and Stewards.

The Stewards regularly checked across Liverpool City Centre for any sign of BNP but none were seen other than the few fascists trying to take photo’s.

At around 11. 50am the Police met the Stewards and M.C.A.R.F. President and informed them that no BNP activity was going to take place and that local BNP had stopped the mobilization. Our Steward confirmed that no groups of BNP had been seen. The Stewards and organizers then agreed to celebrate victory against BNP and stop the protest leafleting. The President of M.C.A.R.F. then addressed the Anti-Fascist Protesters and the event wound down in a positive frame of mind and many left the area.

Less than 75 minutes later 40/50 BNP were discovered at St. Georges Platau, and they were escorted into Liverpool City Centre by Merseyside police. The Anti-Fascists who were still in town and a few of the Stewards protested and chanted against the BNP who were lead by Nick Griffin their General Secretary. The protest lasted over one hour and three arrests were made, one BNP for the threatening behavior at News from Nowhere and two Anti-Fascists. No Charges have been made.

It is now very clear that the Police were either mislead by their intelligence, the BNP or mislead the organizers of the Ant-Fascist Event.

Openly racist leaflets were distributed in Liverpool by BNP under the protection of Merseyside Police.

On Monday 1st December M.C.A.R.F, Searchlight plus members of Liverpool Black Leader Forum have arranged to meet senior Merseyside Police after the President of M.C.A.R.F. made a complaint against Police handling of Saturdays Anti-Fascist Event. That meeting will take place this week.

An Early Day motion will go to Parliament on Wednesday from Merseyside M. Ps asking the Crown Prosecution Service to reconsider their position on the BNP leaflet which in the view of the Black Leaders Forum, M.C.A.R.F, and Anti-Fascist Activists will increase both racial tension and increase racial hatred.

Merseyside has always been a Fascist Free Zone and it is the intention of its citizens to maintain that position.

The spectacle of Merseyside Police protecting the Fascist BNP while they walk through the streets of Liverpool City centre distributing openly racist leaflets is an outrage, and must never be repeated. Our diverse community, The Trade Union Movement and all democratic people must ensure it never happens again.

Alec McFadden: President MCARF

Tragic murders the BNP is trying to exploit

Armed racist Ellis Hammond's police links 'kept from court'

The Metropolitan police have been accused of withholding the fact that a racist fanatic prosecuted for stockpiling illegal weapons was one of their own officers.

According to the Crown Prosecution Service (CPS), officers failed to disclose in a prosecution dossier that Ellis Hammond was a serving police community support officer (PCSO) after he had been found with a cache of arms including a CS spray, a stun gun, combat knives, a knuckleduster and a replica AK-47. He was also a member of the far-right British National party (BNP) and had a collection of racist literature.

Hammond, who had lied about his BNP membership on joining the police, was given a conditional discharge after pleading guilty to two firearms charges when he appeared at Bexley magistrates’ court in March. After his arrest in December last year he was also permitted to resign his post rather than face disciplinary procedures.

Largely because Hammond’s connections with the police were not publicised, the court case was not attended by any media. The Sunday Times did, however, report on the case shortly afterwards and the lightness of the sentence given out to Hammond led to further inquiries being made by the Independent Advisory Group, which oversees the force’s handling of race issues.

In a letter to an IAG member, Nazir Afzal, the director of the CPS for south London, confirmed: “The prosecutor presented all the relevant information available at the time to the magistrates’ court. This did not include any reference to the fact that the defendant was a PCSO at the time of the offences as those details were not disclosed on the prosecution file when submitted to the CPS by the police.”

A CPS spokeswoman added: “We would have used the information if we had had it. It is fair to say it would have been helpful.”

A member of Hammond’s family said: “The Met have been very good about this. They gave Ellis the option to resign, which was good because if he had been dismissed it would have been on his CV. There were people from the Met at court to support him, which was nice too.”

The matter has now become the subject of an internal police investigation. Although a CPS lawyer was told of Hammond’s police role at the time of his being charged, that fact was apparently later omitted from the prosecution file, which was processed by a different CPS official. A Met spokesman said: “We are aware of the CPS’s comments and are looking at the issues involved. But we did inform them prior to the trial that he [Hammond] had been a PCSO at the time of the offences being committed.”

Sunday Times

Drugs smear case shows weakness of UK laws

The Muslim News has criticised the weakness of recently passed British laws on religious incitement following the failure to prosecute the BNP over a leaflet which blames Muslims for the heroin trade.

“It just shows that incitement to religious hatred legislation is inadequate and the BNP members use the loophole to target Muslims.” said The Muslim News Editor, Ahmed J Versi.

“If the leaflets were targeted at other ethnic communities like the Jews and Black people then the perpetrators would have been charged for incitement. Muslims, in contrast, are free for all,” Versi said. “Such incitement language results in attacks against Muslims and mosques as the leaflets blame all Muslims for drug peddling.”

His criticism comes as Muslim police officers were demanding an explanation as to why the police had not provided adequate advice to the Crown Prosecution Service (CPS) which led to no action being taken over a leaflet, which was distributed by the BNP members since June to hundreds of addresses in parts of Lancashire, Cumbria and Yorkshire. It smears Muslims as being “almost exclusively responsible” for the heroin trade 95% of which it says comes from the Afghanistan and Pakistan region. It also suggested “naming and shaming” Muslims to tackle the problem. The National Association of Muslim Police (NAMP) said the CPS had effectively allowed the people in question to continue distributing the material.

In a statement to The Muslim News, Deputy Chief Constable for Lancashire Constabulary Mike Cunningham said: “Whilst we understand that this advice is based on established case law, we roundly condemn the contents of these leaflets and those distributing them” Cunningham said it was “inflammatory in nature” and that the police were “obviously concerned that their distribution in Lancashire could damage community cohesion.”

The Muslim News