Woeful criminal justice system is letting Jews down

V EARLIER THIS year, I wrote in these pages of the success of a ground-breaking litigation strategy that we used to secure the prosecution of the online troll Nicholas Nelson.

Nelson, who lives in Cambridgeshire and was a vigorous supporter of Jeremy Corbyn, hid behind an anonymous Twitter account to harass the Oscar-nominated Jewish writer Lee Kern and communications strategist Joanne Bell. The account demanded another Holocaust, called Mr Kern “Shylock”, spoke of Jews being used for shooting practice, demeaned Jewish women as whores, shared deranged sexual fantasies involving Hitler, and glorified Hamas.

As I wrote in January, Nelson believed he could get away with it all with anonymity. But just as ordinary people would be revolted by sustained, racist harassment by an anonymous assailant of a victim in the street, so should we all be disgusted by the same behaviour when it happens online.

After Mr Kern contacted us, we at the

Campaign Against Antisemitism (CAA) collaborated with solicitor Mark Lewis to pioneer a legal technique that would result in Nelson being unmasked — the first time an antisemitic troll has been identified in this way — and were able to secure a prosecution. Seeing the writing on the wall, Nelson pleaded guilty to racially aggravated harassment and sending an electronic communication with intent to cause distress or anxiety.

It emerged that he had committed similar offences in the past, having sent abusive messages to two Jewish women Labour MPs, branding one a “vile useless c***” and the other a “traitor” who should “end yourself”. He then sent further offensive communications to two other Labour MPs, both of whom have been active campaigners against antisemitism. Astonishingly, it then transpired that he had harassed Mr Kern apparently whilst serving suspended sentences.

It seemed reasonable to assume that a firm sentence would be forthcom

CAA pioneered a legal technique that led to the troll being unmasked

ing. Not only were the offences serious, but the previous suspended sentences had failed to deter him from his campaign of harassment. Something more draconian was expected.

Instead, in March, Judge Charles Gratwicke awarded Nelson another suspended sentence. He walked out of the courtroom effectively a free man.

“Why,” asked Mr Kern in justified disbelief, “are antisemitic hate crimes not deemed as criminal as those of other forms of racism?”

We immediately appealed to the Attorney General’s Office, which has the power to refer sentences for certain offences to the Court of Appeal. The Solicitor General has now confirmed that his office is doing just that. Alex Chalk QC MP observed this case involved persistent offending against several victims over a sustained period, which surely demanded both a stronger and arguably consecutive sentence.

Mr Chalk also noted the obvious failure of the previous sentences to deter Nelson. Finally, he highlighted the public interest in “abuse, harassment and antisemitism online.” The sentence was not just an insult to the direct victims — and the Jewish community — but to all those who suffer from online trolls.

It shows how every stage of the criminal justice system can present a challenge to victims. Sometimes it’s a struggle to convince the police to investigate; at other times the difficulty lies with the Crown Prosecution Service. Even when an investigation and prosecution have taken place, some judges can still fail to grasp the gravity of a crime. Is it any wonder that our polling last year showed, for the first time, that a majority of British Jews do not feel that the justice system does enough to protect them?

We are grateful to the Solicitor General for taking up this matter, which will go to the Court of Appeal in the coming months and where we hope that this saga will end in an outcome that delivers justice for the victims of this antisemitic abuser.

Is it any wonder a majority of British Jews don’t feel protected?