MR JUSTICE JOHNSON
Approved Judgment
Hegab v Spectator
video screen which displays a series of images (approximately six) in a loop. Some of
the pictures appear to show dead children in Gaza. One apparently shows Jewish
prisoners in a second world war German concentration camp with the words “Did we
not learn from the Holocaust?”. The claimant and Mr Dawah seek to engage
passersby in conversation about Israel. Within a short period of time, police officers
arrive. A passerby, walking with children, says “you can’t ask me any questions”. Mr
Dawah follows the group, asking them questions about whether they support Israel.
Other passersby cross the road, apparently to avoid the claimant and Mr Dawah. The
claimant and Mr Dawah say they only wish to engage in discussion and criticise their
disinclination to engage. The claimant asks, “do you condemn the killing of children”
and then, when there is no response, says “the silence is deafening”. One man appears
to say, “they are killing themselves” and (later) “Hamas hides behind the children”.
The claimant makes much of the former remark and treats it as if the man had said
“the children are killing themselves” and as if that had been intended to be taken
literally.
6.
The video also shows a quite separate event during which the claimant and Mr Dawah
engage a Jewish man in apparently good-natured conversation at Speakers’ Corner.
BBC: 23 May 2021
7.
On the following day, 23 May 2021, Mr Dawah uploaded a video entitled “Muslims
challenge BBC Studios”. It shows Mr Dawah and the claimant outside a BBC
building in central London. Mr Dawah says “we are going to go to a van that we have
rented, and we are going to see images…” They then go to what appears to be the
same van as that shown in the video from the Golders Green event. Some of the
imagery is different, but some (including the Holocaust image) appears to be the same
as the images shown at Golders Green. A man (who is known to the claimant)
controls the images on the screen at the direction of Mr Dawah and the claimant.
The rally for Israel: Sunday 23 May 2021
8.
On 23 May 2021, an event (“the rally for Israel”) took place in Kensington High
Street, in the vicinity of the Israeli Embassy. There was also a “counter protest”, and a
considerable police presence. A video of the event shows eggs and bottles were
thrown. There was a young man (who is not taking part in any violence) standing still
with a dog, what looks like a golden labrador, between his legs. No other dogs are
apparent in the video footage. The claimant appears to walk towards them. Then, a
large number of the counter protesters walk in that direction, and the man and his dog
walk away from them and out of the footage.
9.
The claimant approached a police officer and said, loudly:
“When those Zionists came in with their dogs, that was an act
of provocation. And the fact that the dogs themselves were able
to attack [The police officer then clarifies that the claimant did
not come into contact with the dog]… I’m making it very clear
so that everyone understands, if those dogs come close to us
again we will see it as an act of aggression and we will kill
those dogs, we will put them down.”