BNP race hate case may fail in row over late charges

John Roberts | Saturday, 27 January 2007 Source: Yorkshire Post

A BNP activist who admitted sending racist hate mail threatening to spill Muslim blood could be allowed to walk free because police did not charge him in time.

Brian Wainwright, 38, had already been convicted for sending offensive and threatening racist posters to a councillor, a mosque and an anti-fascism campaigner in Halifax.

But now the case against him might be dropped because he was not charged within the legal time limit.

The posters sent between February and April 2005 featured swastikas, insults against Islam and threats to spill Muslim blood and to incite a race war in the town.

A member of the Calderdale Unity Against Racism group, Paul Sutcliffe, received a poster warning him his house would be visited by the far-right Combat 18 group.

Sending offensive and threatening letters is a summary offence which means the accused must be charged within six months of committing the crime. But Wainwright was not charged by police until nine months after he sent the last poster.

Wainwright, of Lee Mount Road, Halifax, first appeared in court more than eight months ago and was later convicted but the Crown Prosecution Service, defence solicitors and court clerks failed to spot the error.

The defendant, who was a BNP Parliamentary candidate in Hull two years ago, was due to be sentenced

at Calderdale Magistrates' Court yesterday.

But the problem only came to light at the 11th hour while magistrates were considering the sentence.

The Crown Prosecution Service has promised to carry out an urgent review.

But the news dismayed politicians in Calderdale.

Halifax MP Linda Riordan said: "These were sickening and scurrilous race hate messages and as such I am disappointed that the natural course of justice might now not happen."

Councillor Mohammed Najib received a poster from Wainwright sent to Halifax Town Hall featuring a skull and crossbones which warned that Combat 18 would start a race war and Muslim blood would be spilt. Coun Najib said: "I would obviously be disappointed if the case is dropped I will be speaking to the police to find out what has happened. We are a peaceful community in Calderdale who live in harmony and then sick people come along and try to spoil the work we have done in the community over all these years."

Calderdale Magistrates Court heard yesterday that Wainwright sent a poser to the Jamait Ahl-E-Hadith Mosque, in Hopwood Lane, which contained a crude insult against Islam, and the words "Muslims will die". The poster was opened by the secretary of the mosque Mohammed Iqbal who immediately contacted the police.

Wainwright also sent a poster to Mr Sutcliffe's home address which warned him that Combat 18 would be visiting.

Linda Fowler, prosecuting, said Mr Sutcliffe had appeared on BBC Look North in a feature about the far- right website Redwatch.

His photograph was then posted on this website and then used in the poster sent by Wainwright, the court heard.

Defending, Peter McCaughley said unless the prosecution could show this was an exceptional case he would be asking for the charges against Wainwright to be withdrawn.

The defendant will appear in court again on February 9.