Lizzie Cocker – Isleworth

Gaza demonstrator Martin Askew was sentenced yesterday to 18 months in prison sparking outrage from campaigners who branded the ongoing trials as “political”.

Mr Askew will serve nine months of an immediate custodial sentance and then be released on license.

He was charged three weeks ago with two counts of violent disorder for his involvement in the demonstrations outside the Israeli Embassy in London on the 3rd and 10th of January 2009, called as a result of the three-week Israeli offensive on Gaza which caused over 1,400 Palestinian deaths.

Mr Askew, a writer with three young children, had been captured on police video footage hitting polce shields, pushing barriers, wiggling his behind and showing peace signs to police. No person or property was harmed by Mr Askew’s actions. He stated his actions were not to cause injury but to show his contempt for what was occuring in Gaza and the lavel of support the British government gives to the State of Israel.

Like many of the 79 other demonstrators charged in connection with the demonstrations, Mr Askew said he resisted alleged police pressure to plead guilty to the charges. He is the first who pleaded not guilty now serving a prison term – 23 of those who pleaded guilty are currently serving jail terms of up to two years.

During the sentencing hearing, Lauren Soertsz for the defence appealed to Judge John Denniss to consider that Mr Askew had already been punished enough having suffered a near fatal injury after police sergeant Peter Moxham attacked him with a long riot shield during the demonstrations.

She highlighted that Mr Askew’s actions during the demonstrations hurt no-one and were provoked by the outrage he felt at witnessing TV scenes of children being massacred in Gaza. But under violent disorder legislation actions which could make a hypothetical person could fear for their safety are regarded as an imprisonable offence carrying a maximum sentence of five years.

Judge Denniss accepted Ms Soertsz’s insistence that the 16 month ordeal he and his family had been through since his arrest last year was in itself punishment. And he acknowledged that Mr Askew, who was brought up surrounded by the East End underworld, is of exemplary character and a man that strives to improve the lives of others.

But Judge Denniss disregarded the impact a prison sentence would have on his flourishing career in the film industry and on his crucial role in supporting his wife, three young children and severely ill father.

In the presence of Mr Askew’s wife and mother at Isleworth Crown Court, west London, Judge Denniss rejected Ms Soertsz’s insistence that a deterrent sentence was unnecessary saying the punishment must be designed to deter others who may be tempted to behave in a similar way.

And to the horror of supporters of the Gaza demonstrators he said the sentence was “more lenient than [what] I had in mind”.

Many of the arrested Gaza demonstrators feel aggrieved that they had been targeted for minor acts while well documented incidents of police brutality were ignored.

Mr Askew’s attacker, PS Moxham gave evidence against Mr Askew during his trial and also admitted he had “jabbed” Mr Askew in the head with his long riot shield. The strike left Mr Askew with a broken nose and needing 70 internal and external stitches.

PS Moxham said he was fully aware that hitting someone with no head protection as “hard as you could” in the head, would be likely to cause serious injury.

And he said: “I would do it again if I had to in those set of circumstances”.

During prosecuting barrister Julia Forewalker’s cross-examination, PS Moxham said he was fully aware of the law on reasonable use of force. And he revealed that he had been responsible for briefing officers prior to deployment on the 10th about “use of force [under] common law…self defence as well.”

But later, during defence barrister Ms Soertsz’s cross examination, PS Moxham said: “I cannot remember if I spoke about the use of force. I have got no recollection of it.”

Commenting on the trials, a Gaza Demonstrator’s Support Campaign spokesperson said, “the way the charge of violent disorder is being used in these cases is disgraceful. That a person who set out to hurt no one or thing, and who stuck to this aim, is now being sent to prison is appalling. Is this justice? These people are not criminals, they are compassionate and conscientious individuals who are being used to deter others from taking a stand against similar injustices”