A Muslim who desecrated a war memorial with graffiti glorifying Osama bin Laden and predicting world domination for Islam walked free from court after prosecutors decided his crime was not racially or religiously motivated.
Tohseef Shah, 21, was given a conditional discharge for criminal damage to the monument in Burton upon Trent, Staffs, after officials said that there was not enough evidence to bring more serious charges.
The town’s magistrates court heard that he had shown “no remorse” over the incident while his defence solicitor insisted that he was not an extremist but “just an ordinary guy”.
Armed forces veterans described the outcome of the case as an insult to the memory of those who died serving for their country.
Magistrates heard how Shah sprayed the words “Islam will dominate the world – Osama is on his way” and “Kill Gordon Brown” across the plinth of the town’s war memorial on December 10 last year.
He was traced after his DNA was found on a spray can abandoned at the scene and pleaded guilty to a charge of criminal damage when he appeared in court on Thursday.
He was given a two-year conditional discharge and was ordered to pay £500 compensation to the council as well as £85 costs.
But the court heard how he was not charged with more serious offences, which would have enabled a harsher sentence, because the CPS’s Counter Terrorism Division in London decided there was not enough evidence to suggest that he had been religiously or racially motivated.
Roy Whenman, 78, a local Korean War veteran, said: “I can’t understand it, if that is not racism what is?
“It is an insult to those who gave their lives.”
Anne Compton, 60, the secretary of the local branch of the Royal British Legion, said that she had been “disgusted and flabbergasted” by the decision.
“What is the point? It looks like some people can do anything and get away with it.
“If it had been a Christian extremist they would have been decried by all of the country but this is just let go.”
Andrew Bodger, prosecuting, told the court: “Shah wouldn’t give an explanation as to why he had done it and had shown no remorse for this very sensitive matter.
“The words were cleaned off without difficulty at a cost of £500.
“The CPS specialist unit was sent the pictures, as well as his mobile phone records, to see if there was a racially or religiously motivated connotation.
“It was decided there was not enough evidence to prove this, and they decided it was politically motivated.
“It has caused great offence to the community.”
Mumtaz Chaudry, defending, insisted: “He said: “This is nothing to do with his religious beliefs, his family’s beliefs or his cultural beliefs.
“He is just an ordinary guy … It was uncalled for, but we make mistakes.”
Vivien Patterson, the chair of the panel of magistrates, told Shah: “This was a mistake, but I hope this is your first and last mistake you will make.”
A spokesman for the CPS said: “While it was appreciated that what was sprayed on the memorial may have been perceived by some to be part of a racial or religious incident, no racial or religious group can be shown to have been targeted.”