At Patheos, JT Eberhard writes of a young British couple jailed for a year for harmlessly pranking mosque members with ‘easily removable’ bacon, whose small child will suffer in foster care while the parents ‘rot in jail’ ‘because this building and the people who own it are special’ – a ‘cruel and unusual punishment’ for what was only strictly speaking vandalism.
There’s another story about three hooded white supremacists who trespassed on private religious property to intimidate Muslims, harassed the only man inside as he tried to pray, threw objects around and desecrated the area to cause occupants distress, humiliate them and make them feel unsafe. I find this one more plausible.
According to reports from yesterday and earlier today, three people were just convicted of a ‘racially motivated attack’ at Edinburgh Central Mosque on January 31 2013.
- Chelsea Lambie (18) received a twelve month prison sentence sentence in a young offenders’ institute after denying involvement despite CCTV footage.
- Douglas Cruikshank (39) received nine months in prison, having pled guilty and received nine months.
- Wayne Stilwel (25) also pled guilty and received ten months’ imprisonment.
Quite a few secularists I know have described this story in terms similar to Eberhard’s, calling these ridiculous punishments for hanging bacon on doorknobs and causing ‘religious offence’.
I’m not going to debate the merits of the sentencing specifically – partly because that would become an abstract discussion of the prisons system, ‘hate crimes’ and the use of authoritarian penalties against them, and partly because there’s lots of information I don’t have. I haven’t read Sheriff Alistair Noble’s judgement, so don’t know if details influenced him that haven’t made the news; I don’t know what previous convictions Lambie, Cruikshank and Stilwel had, if any; I don’t know how their prison terms compare to those for similar harassment in non-religious contexts, assuming that comparison is useful here. Edit: Lambie is reported in the Daily Record as having been fined shortly prior to this incident for verbally abusing and harassing a Pakistani shopkeeper; Stilwel was breaching conditions of bail for a previous misdemeanour.] (Helen Dale, a lawyer operating in Scotland, also tells me ‘all custodial sentences in Scotland are automatically reduced by half as long as you don’t do something like try to set a prison guard on fire’.)
But the view that nine to twelve month sentences were obviously, categorically ridiculous, and that the right response to what they did (as Eberhard put it) would be to ‘fine them £20 and make them polish the door handle’, relies on seeing it how he does as a trivial and harmless prank by innocent-enough young vandals. Reports suggest to me that this is extremely inaccurate.
From what I’ve seen, there’s no evidence Lambie and Cruikshank were a ‘UK couple’. Reports refer to them as a ‘pair’, which doesn’t imply a relationship, and the BBC, the Edinburgh Evening News and the Scotsman all describe the former being arrested at ‘her boyfriend’s’ home: if this was Cruickshank, presumably he’d have been referred to by name and the two would both have been arrested there. While Lambie is noted to have a ‘very young child’, Eberhard’s emphasis on this and her perceived relationship with Cruikshank suggests the sympathetic tableau of a nuclear family broken up by injustice.
This doesn’t sync up with reality. Lambie was by all accounts part of the far-right Scottish Defence League, as according to the Edinburgh Reporter and the Scotsman were both Cruikshank and Stilwel. The SDL is a regional offshoot of the English Defence League, whose own ex-leader describes it as having been dominated by violent neo-Nazis and which has been linked to numerous arson attacks on mosques. (‘Religion is so persecuted’, Eberhard writes mockingly. While that may not be true in general, UK Muslims are targeted systematically as a religious group by the racist far-right.) Ties have also been found between the SDL and white supremacist British National Party, whose current leader started out in the National Front.
When Lambie’s mobile phone was examined by authorities, sent messages reveal her having bragged of ‘Going to invade a mosque, because we can go where we want.’ She and her accomplices hoped to intimidate worshippers by telling them they’d entered it unbidden – orders of magnitude more disturbing, fairly obviously, than an immature couple’s misjudged practical joke. According to the Scotsman, ‘a man who was inside the mosque praying [described by EEN as the only person in the building] . . . heard something hitting the prayer room window’, and judging by EEN’s reference to a ‘glass partition’, this was an interior window. Whoever threw uncooked bacon at it, which had been bought a few hours beforehand, did indeed invade the premises.
The Edinburgh Reporter adds that the man had already ‘noticed the trio at the door appearing to wave at him and (assuming they were coming in to pray) returned to his worship’. Rather than ‘hanging bacon on door knobs and tossing a few strings inside’, Lambie, Cruikshank and Stilwel – all of whom were hiding their faces under hoods – threw an object at the window of the room where they knew he was. I can’t speak for JT, but if three hooded strangers walked into my private building, found me alone and started hurling things in my direction, I’d feel attacked.
He states momentously that the slices of meat, which stuck to the window and door handles, would have been simple to remove. If someone were to break into his house and smear doorknobs and walls with faeces, cleaning it up would be equally simple; it would also be humiliating and distressing. As a vegetarian, having to handle raw meat would cause me the same kind of disgust. As an atheist, of course I don’t think Islamic pork taboos are sensible or philosophically sound, but mosques have every right to abide by them. Invading someone’s private building to strew the area in it and force them to handle it against their will, knowing it will cause them humiliation and distress, is still an act of harassment.
I’ve written plenty in opposition to public censorship on grounds of ‘religious offence’. A religious ban on bacon from shared secular space would have me up in arms. But one doesn’t have to accept religious doctrine to see desecrating private houses of worship as an intimidation tactic; look at how the Nazis went about it. (I remind you, before I’m accused of Godwinning, that the perpetrators belonged to a group with clear neo-Nazi ties.) This, on top of invading the building to make those there feel unsafe, throwing objects around and harassing someone alone there.
Whatever we say about the sentencing, this wasn’t anything like as trivial as Eberhard and others have suggested.