A Jewish academic who left St Andrews after a fellow student defiled his flag of Israel has vowed to donate his compensation money to the victims of terrorism.
Mr Reitblat, who fled Lithuania as a child, said he felt “utterly violated” by the offence on March 12 in the halls of residence shared with the accused. The flag was given to Mr Reitblat by his brother, who fought with the Israeli Defence Force.
Passing sentence. Sheriff Macnair said: “This was a racist incident. Nobody disputes your right to a particular view as to the behaviour of Israel that is perfectly legitimate.
“Equally, however, Mr Reitblat had a perfectly legitimate view to take about Israel. This court is not here to determine the issue.
“Legitimate protest is perfectly acceptable … This country has been founded on legitimate protest and there is no difficulty with that.”
However, the sheriff ruled that Donnachie’s behaviour “crossed the line”.
“What you did can only harm the cause you support it did your cause no credit at all,” he continued. “The part of your behaviour that I found to be most serious was that you described Mr Reitblat as a terrorist.
“That is the direct equivalent of suggesting all Muslims are terrorists … and is wholly unacceptable. To describe Mr Reitblat as a terrorist is precisely the sort of conduct you declare you are against.”
Sheriff Macnair noted that the offence had taken a significant toll on Mr Reitblat, who felt he had no option but to leave Scotland and return to America.
However, he also took into account the effect of the conviction on Donnachie’s life.
He said, “It is extremely unfortunate that you as an individual have now lost your place at one of the UK’s leading universities.”
Mr Reitblat said, “The money will be donated to the Fogel Family Fund to help care for the surviving children of the massacre that took place on March 12 2011, on the same day as the attack against me in my room in St Andrews.”
Chanan Reitblat is to receive £300 from Paul Donnachie, who was found guilty of rubbing his hands on his genitals before wiping them on the flag. Donnachie was also ordered to complete 150 hours of unpaid work.
Mr Donnachie said he supported his victim’s decision to pass the compensation he is to receive on to a charitable fund.
The money will be donated to the Fogel Family Fund (link) to help care for the surviving children of a massacre that took place on March 12 in Israel the same day as the incident in the St Andrews University hall of residence.
Before an event at Dundee University on Tuesday night hours after he had been sentenced at Cupar Sheriff Court Mr Donnachie told The Courier: “I commend the fact that he is not keeping the money for himself.”
Regarding the choice of charity, he added: “That was an atrocity. I agree with him on that.”
Mr Donnachie, however, maintained that he is to lodge an appeal against his conviction and sentence. If he is successful, the compensation will then be sent to a charity helping Palestinian refugees, he added.
He was speaking at the first in a new season of events organised at Dundee University by the Scottish Palestine Solidarity Campaign and associated groups.
Clearly relieved the sentence imposed by Sheriff Macnair in Cupar was not harsher, he told an audience of around 50: “I have spent the day celebrating not being in prison.”
However, he said his case was an example of the Scottish legal system “conflating legitimate criticism of a state and racism”.
He accepted his behaviour had been “in bad taste” but denied that he had called Mr Reitblat a terrorist.
It was important to distinguish between individual human beings in states and the states themselves as political organisations and Sheriff Macnair’s verdict suggested there was no difference between the two, he added.
Earlier, dozens of protesters packed the Cupar courtroom to hear details of the sentence. Many more sympathisers waited in a lobby outside as Donnachie learned his fate.
There were shouts of “scandal”, “shame” and “disgrace” as the sentence was handed down.
History student Donnachie was expelled from St Andrews University after he was found guilty of the offence, deemed to be racially aggravated. Witnesses said the 19-year-old accused called Mr Reitblat a “terrorist” and shouted about a “a nation built on terrorism”.
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