Man cleared of weapon charge in wake of UK disorder

Shehraz Sarwar was cleared at Birmingham Magistrates’ Court on Monday

A man has been cleared of possessing an offensive weapon after telling a court of the significance of the stick he was filmed carrying in news footage of a counter protest to this summer's violent disorder.

While it was not prosecutors' case Shehraz Sarwar had engaged in criminal disturbances that occurred during the gathering in Bordesley Green, Birmingham, on 5 August, the item, they said, was carried for the purpose of violence.

But on Monday, a judge at Birmingham Magistrates' Court told Mr Sarwar he was "unable to be sure" he had "intended to use the stick" to cause injury, and therefore must acquit.

The court heard police had initially thought it to be a sword.

In fact the item was, according to Mr Sarwar, from Saltley, Birmingham, a spiritual staff of "sentimental" importance that he carried daily.

The defendant - not pictured in this BBC image - was accused over a stick carried at the gathering in Bordesley Green in August

Mr Sarwar was filmed during TV coverage of a gathering of mainly Asian men who had congregated amid online rumours a far right group was to march in their area; an event that did not materialise.

The gathering - which led to criminal damage and other disturbances - followed a wave of violent disorder in parts of the UK that was fuelled by false rumours the suspect in the fatal stabbings of three girls in Southport was a Muslim immigrant.

The stick at the centre of Mr Sarwar's case was estimated to be between two and three feet long (61cm to 91cm).

Giving his verdict, District Judge David Wain said of the defendant, who had been in custody since arrest on 6 August: "It's only an offence if he had [the stick] with him with intent to use it as a weapon to cause injury."

The judge also noted that Mr Sarwar was seen standing on his own in the footage and was not interacting with anyone.

Video from Sky played to the court showed him standing near to people in face coverings and balaclavas.

Mr Sarwar was told by the judge that carrying items that could be interpreted as weapons was "extremely unwise" and he was strongly urged to consider not carrying such items in future.

Prosecutor Shahid Rahman said Mr Sarwar had been unable to offer a credible reason for carrying the stick, telling the court: "He describes himself as a practising Muslim and said such staffs are used during Friday prayers led by the Imam."

But Mr Rahman submitted that Mr Sarwar's account was "riddled with inconsistencies and contradictions", with the defendant himself, the prosecutor said, having admitted religious staffs used in mosques were much longer than the size of that which he carried.

The court heard that Mr Sarwar - who did not speak at trial - had told police in interview he admitted his presence at the gathering, but he never saw any disorder and was alone.

"I am no concern to [anybody]," he told officers, "because I know how to behave. It's not an offensive weapon - it's a spiritual staff. I never had an intention of wrong."

He told police he had personally cut the stick from a tree in Kashmir and had since "come to realise that at this sort of situation" it was not a suitable thing to carry, "but it was not offensive".