Man who burnt Koran outside Turkish consulate wins appeal against conviction supported by Jenrick

Hamit Coskun, 51, won the challenge at Southwark Crown Court today, supported by Tory shadow justice secretary Robert Jenrick.

He had previously been convicted of a religiously aggravated public order offence.

Ruling on the appeal, Mr Justice Bennathan told Southwark Crown Court: "There is no offence of blasphemy in our law.

"Burning a Koran may be an act that many Muslims find desperately upsetting and offensive.

"The criminal law, however, is not a mechanism that seeks to avoid people being upset, even grievously upset.

"The right to freedom of expression, if it is a right worth having, must include the right to express views that offend, shock or disturb."

Read More: Muslim man spared jail after attack during Koran burning

Referring to Mr Coskun's conduct outside the Turkish consulate earlier this year, Mr Justice Bennathan added: "This was clearly political speech or conduct.

"Insulting conduct is not sufficient and we should be careful not to read down the words we are considering."

Mr Justice Bennathan also mentioned the fact that Mr Coskun's actions were not directed at a person or people in particular.

"We live in a liberal democracy," the judge continued.

"One of the precious rights that affords us is to express our own views and read, hear and consider ideas without the state intervening to stop us doing so.

"The price we pay for that is having to allow others to exercise the same rights, even if that upsets, offends or shocks us."

He added: "The criminal courts will interfere to protect people.

"A person who acts so as to cause harassment, alarm or distress to another may commit an offence."

During the burning on February 13, Coskun was attacked by Moussa Kadri outside the diplomatic building in Rutland Gardens, Knightsbridge, in west London.

Coskun reportedly shouted "f*** Islam", "Islam is religion of terrorism" and "Koran is burning" as he held the flaming Islamic text aloft.

Kadri was given a 20-week prison sentence, suspended for 18 months, at Southwark Crown Court on Tuesday.

He is also required to carry out 150 hours of unpaid work and 10 days of rehabilitation.

The Free Speech Union said the ruling sends a message that "anti-religious protests, however offensive to true believers, must be tolerated".

Lord Toby Young of Acton, director of the union, which helped fund Mr Coskun's legal case, said: "We're delighted.

"Had the verdict been allowed to stand it would have sent a message to religious fundamentalists up and down the country that all they need to do to enforce their blasphemy codes is to violently attack the blasphemer, thereby making him or her guilty of having caused public disorder.

"Instead, the Crown Court has sent the opposite message - that anti-religious protests, however offensive to true believers, must be tolerated."