Give them a medal

Legal issues

Judge Bathurst-Norman:
the full summing-up

The Jewish Chronicle Online has made the full summing up of the case we discussed in the Hove Alternative available here. It’s long reading but it is clear that the judge directed the jury to acquit. There are plenty of grounds for appeal if the state wants to keep this as a criminal case. If not, I still thinks a civil case for damages is the way to go.

I can’t give a complete critique of the legal reasoning and acceptance of the Hamas narrative in its entirety† but the paragraphs below stick out.

As Edmund Burke says: “For injustice to flourish, all that is needed is for good men to do nothing. “Indeed, people like Mr. Osmond, who put themselves in harm’s way to protect others may, in fact — there may be much to be admired about people like that. Perhaps if he had done it in this country in the last war he would probably have received a George Medal‡.
However, that does not give anyone a licence without any justification to commit offences. It is your task in this case to decide whether it is possible that such justification existed.

The judge said the defendant(s) deserves a medal for what he did. No jury could possibly convict with instructions like these. On second thought, with instructions like these a jury member would probably feel it was his duty to smash up a factory.


† Perhaps some of our legally trained readers might like to comment? 😉
‡ The George Medal is Britain’s third highest decoration after the Victoria Cross and the George Cross. The medal is granted in recognition of “acts of great bravery”!

About David Guy

B.A./B.C.A. (Communication and Media Arts) University of Wollongong, AUSTRALIA M.A. in Government (Diplomacy and Conflict Studies) Inter Disciplinary Center, Herzliya, ISRAEL Twitter @5MFI
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