Victim of Nazi flag attacker says suspended sentence 'slap on wrist'

A man who was punched in the face by an attacker who had a Nazi flag wrapped around his hand has said he has "lost hope in the justice system" after his assailant received a suspended prison sentence.

Deputy District Judge Gerard Trainor imposed a six-month jail sentence, suspended for two years, on Jamie Taylor, from Tandragee Road in Gilford, for the attack on 27 February in Portadown.

The 36-year-old's victim, Ismail Qureshi, described the sentence as "a slap on the wrist".

The Lady Chief Justice's Office said each case was "fact specific" and judges considered all evidence and legislation when passing sentence.

Qureshi, who was born and raised in Northern Ireland, spoke to BBC Radio Ulster's The Nolan Show on Friday about his ordeal.

"Whenever I was sitting in that court room, and I heard the verdict called out, I was astonished, because if this was the other way around and it was me, a person of colour, who had a flag and punched someone, based on my ideologies, based on what I believe in for no reason, it would be a very different situation," he said.

"I have been brought up in a mixed household, so I have never really seen colour, but after this incident now I walk down the street and I feel like I am being judged by everybody.

"Whenever that sentence was passed, I actually walked out of the court room straight away, because I was in disbelief that a man with 23 convictions is still able to walk the streets, technically as a free man.

"The way it has been dealt with to me it is like a slap on the wrist.

"I have lost hope in the justice system, to me now it's a joke."

At Craigavon Magistrates' Court on 24 April, Taylor was told by the judge his attack was "racism through and through".

Taylor had earlier entered guilty pleas to charges of common assault, disorderly behaviour, criminal damage and resisting police, all committed on 27 February.

The court was told that during the attack Taylor opened his jacket to show Qureshi his T-shirt which declared "stop importing - start deporting" before reaching into his backpack to pull out a red, black and white Nazi flag.

After Qureshi responded, the court heard Taylor wrapped the flag around his hand and punched him in the jaw.

The court heard Taylor had 23 convictions, mainly for violence and disorderly behaviour.

Taylor told the court he was "sorry" and his defence lawyer said his client had been "heavily under the influence," adding that "the context [of the offending] is accepted".

Judge Trainor also imposed a two-year restraining order.

In a statement, the Lady Chief Justice's Office in Northern Ireland said the "sentencing framework, within which all judges must act, is set in legislation by the Department of Justice".

The statement said there was no specific offence of "hate crime" in Northern Ireland.

"Hate crime is dealt with as an aggravating factor for any criminal offence where the offending is found to have been either motivated by hostility against a protected characteristic, or where the offender demonstrated hostility against that characteristic while committing the offence or immediately beforehand," a spokesperson said.

It added that each case was "fact specific" and in "calculating the appropriate sentence for a particular offence, the judge will consider all of the evidence provided to the court as well as the relevant statute and case law".

A PPS spokesperson said it worked with other organisations across the justice system "to ensure that hostility based on race, religion, sexual orientation, or disability is confronted wherever it arises".

"This case was put before the court as being aggravated by hostility on racial grounds in respect of the victim, and also on religious grounds in respect of the resisting police charge," it added.

"That meant the court was able to treat these as factors that increased the seriousness of the offence, enabling a higher penalty to be imposed.

"In regard to the common assault, the prosecution brought all matters relevant to sentencing to the attention of the court including the victim's personal statement, the defendant's criminal record and the fact the offence was racially aggravated.

"The sentence imposed was enhanced on the basis of racial aggravation and the court also granted a restraining order to protect the victim."

The PPS added that sentencing was a matter for the judiciary.