Man cleared of possessing offensive weapon at Birmingham protest
Shehraz Sarwar was acquitted following the disorder in August
A 46-year-old man seen carrying a wooden stick on TV coverage of a counter-protest in Birmingham has been found not guilty after claiming the item was a spiritual staff.
Shehraz Sarwar was acquitted on Monday of possessing an offensive weapon, after maintaining he had a lawful excuse to carry the stick, estimated to be between two and three-feet-long, during a protest in the Bordesley Green area.
Sky News footage shown to the court captured the moment Sarwar, wearing a black Adidas top and a Nike T-shirt, was seen holding a makeshift handle on the middle of the stick on August 5, near others wearing face coverings and balaclavas.
Sarwar, who has been held in custody since his arrest on August 6, was cleared by District Judge David Wain at Birmingham Magistrates' Court.
Giving his verdict, the judge said: "It's the prosecution that bring the case and the prosecution are required to satisfy the court so that they are sure of the Crown's case if there is to be a conviction.
"It's only an offence if he had it (the stick) with him with intent to use it as a weapon to cause injury.
"I am unable to be sure that the defendant intended to use the stick so as to cause injury."
The judge also noted that Sarwar, who said he carried the "sentimental" religious staff on a daily basis, was seen standing on his own and was not interacting with anyone on television footage.
At the end of the judge's remarks, Sarwar was told that carrying things that could be interpreted as weapons was "extremely unwise" and was strongly urged to consider not carrying such items in future.
The defendant, who opted not to give evidence, had been alleged by the Crown to have carried the stick with the intention of causing injury.
Opening the case against Sarwar, of Wright Road, Saltley, Birmingham, prosecutor Shahid Rahman said: "At about 5pm, a significant event unfolded with a number of people gathered outside a McDonald's in Belchers Lane.
"There had been many (false) social media reports of the English Defence League attending the area. Many others gathered for a counter-protest reacting to the rumours."
The court was told Sarwar was arrested after being initially and wrongly believed to be carrying a sword.
Officers recovered the stick, which was examined by the district judge at his trial, the following day, after detaining him at his home.
Mr Rahman added: "He describes himself as a practising Muslim and said such staffs are used during Friday prayers led by the imam."
The Crown submitted that Sarwar's account was "riddled with inconsistencies and contradictions" - with the defendant himself having admitted religious staffs used in mosques were much longer.
Sarwar had also failed to provide a "credible reason for carrying the stick to a protest, especially a protest associated with violent tensions".
The Crown did not suggest Sarwar was involved in any violent behaviour, but alleged the stick was taken to a "demonstration whereby things could have become chaotic".
Part of a 37-minute police interview, conducted on the evening of August 6, was read to the court, in which Sarwar said he was giving out water at the gathering to help a shopkeeper who he would not name.
The court heard he told police: "It was peaceful. I admit I was there. I never seen (any) disorder - I was not with anybody.
"I am no concern to nobody because I know how to behave. It's not an offensive weapon - it's a spiritual staff. I never had an intention of wrong."
Sarwar, who told police he had personally cut the stick from a tree in Kashmir, added: "I have now come to realise that at this sort of situation it was not suitable, but it was not offensive.
"I never flaunted it at anybody. I was just there peacefully, just standing there."