Spurs merchandise on sale outside White Hart Lane. Photo by Jamie McDonald/Getty Images.
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“We are the Yids”: should Spurs fans be prosecuted for using the Y word?

The case against three Tottenham Hotspur fans accused of “a racially aggravated public order offence” undermines the battle against bigotry. Now that the prosecution has been discontinued, the threat to freedom of speech has been resisted – for now.

Last week, the Crown Prosecution Service announced it would “discontinue” the prosecution of three Tottenham Hotspur fans for a racially aggravated public order offence. The story of how the case was brought, and how the accused fans have been treated, is shameful. And it throws up some challenging questions.

It is the story of how three ordinary football fans were arrested, accused publicly of being racist, subject to months of psychological pressure, had presumptions of innocence cast aside and their characters called into question. All on the basis of what the Crown Prosecution Service eventually conceded, after spending a large sum of public money, was “insufficient evidence”.

Some background is necessary for those unfamiliar with the nuances of football’s subculture. Tottenham Hotspur have, for many years, been identified as a club with a large Jewish support. This is partly because of the club’s location in north London, although neighbours Arsenal also have a large Jewish following. During the 1970s and early 1980s, though, Tottenham Hotspur’s perceived Jewish connections led to the club’s fans being subjected to anti-Semitic abuse at games. In response, Spurs fans began to use the term “Yids” to identify themselves. The chant “Yid Army” is heard frequently at Spurs games, and popular players are regaled with chants of “Yiddo” – most famously in the case of former striker Jermain Defoe, who was regularly serenaded with the chant “Jermain Defoe, he’s a Yiddo”.

While some were uncomfortable with a word that had been used by Mosley’s fascists as a term of abuse being bandied about so freely, it was generally accepted that Spurs fans’ use of the word “Yid” in a footballing context was a positive thing. And, as those familiar with Jewish history and culture pointed out, Yid was also used as a term of endearment and identification by Jewish people before Mosley’s fascists attempted to appropriate it. The word’s use at the football was a genuine, robust, street-level response to anti-Semitic abuse – not the kind of response those who discuss such issues at polite dinner parties may have constructed, but a genuine one nonetheless.

Then, in 2011, the anti-racist campaign Kick it Out released a film made by Jewish football fan David Baddiel and his brother Ivor. It was called “The Y Word” and it sought to place use of the word “Yids” on a par with terms of racial abuse such as “nigger” and “Paki”. The Baddiels said they started the campaign after being at a Chelsea game against Spurs in which a Chelsea fan they were sitting with – the brothers are Chelsea supporters – repeatedly shouted “Fuck the Yids” and “Fuck the Jews” at the Spurs fans in the away end. Leading footballers Frank Lampard, Ledley King and Gary Lineker were enlisted to tell viewers that “the Y-word is a race hate word”.

To many Spurs fans, the campaign seemed to blame them for the abuse that was directed at them. Having endured years of hearing songs about Auschwitz, Adolf Hitler and having hissing noises meant to replicate the sound of gas directed at them, they were now being told that their use of the word Yid made people hurl abuse at them. “They made me do it” is, of course, the well-worn response of bigots through the ages.

The campaign succeeded in cementing the use of “Yids” among Spurs fans as a badge of pride. And so the calls to prosecute were raised. Having failed to win the argument that in excess of 36,000 active anti-Semites turned out for a public display of bigotry at White Hart Lane every couple of weeks by racially abusing the team they followed, the anti “Y-word” campaign began to argue that prosecution should be brought on grounds of “causing offence”, thereby taking the issue onto dangerous new ground.

The Metropolitan Police had advised Spurs fans that chants such as “Yid Army” would not lead to prosecution, due to the fact that there was no “deliberate intention to cause offence”. Then, last September, the Football Association decided that use of the word “Yid” was “inappropriate in a football setting” and “could amount to a criminal offence”. Within less than a month a Spurs fan was arrested for using the word and charged. The arrest came at a game against West Ham where songs about Hitler, Nazi salutes and chants about gas chambers were seen and heard in the away end. The only arrest made was of the Spurs fan. A month later, two more Spurs fans were arrested and charged with racially aggravated public order offences.

Unusually for cases such as this, the names of the fans were released immediately by the police. As was the information that one of them had a wrap of cocaine on him. Publicly labelled as racists, the fans had bail conditions imposed which included not being allowed with 2,500 yards of any stadium where Spurs were playing from four hours before until four hours after a game. Tottenham Hotspur, which had issued statements saying it did not believe its fans intended to cause offence when using the word “Yids”, interpreted the bail conditions as meaning it had to ban the fans from the ground by withdrawing season tickets and memberships. The presumption of innocence until guilt is proven was cast aside.

In the article “Everyone is equal in the eyes of the law – unless you are a football fan” that I wrote with solicitor Darren White on this site a few weeks ago, the effect of “subjecting someone of previous good character to the full rigor of the legal process” was quoted. What happened to the three fans in what became known as “The Y-Word case” – a description that itself embraced the prosecution’s assertion as fact – illustrates that point starkly. All three were bailed three times. Each time they did not know what would be happening to them, increasing the mental stress they faced. Each hearing involved time off work and travel costs. One of the dates they were given, and which was subsequently postponed, was Christmas Eve.

Finally, after being charged and having been put through hell for months, the three were told last Thursday that the case was to be discontinued and the charges dropped. The CPS said there was “insufficient evidence to provide a realistic prospect of conviction”. Tottenham Hotspur immediately rescinded the bans and refunded money for the games the fans had missed. The Tottenham Hotspur Supporters Trust (which I should point out I am on the board of), which had backed the fans throughout, welcomed the decision and carried a strongly-worded statement from the defence team it had worked with on its website. The defence team criticised a “misguided and over-zealous approach by the Crown Prosecution Service and the Metropolitan Police”. The statement is worth reading in full, for its criticisms of the legal process, its understanding of cultural history and its refusal to concede the term “Yid” to the fascists and bigots, and for this statement:

Any organisation or individual that sets out to brand Spurs fans’ use of the word ‘Yid’ as being racist runs a high risk of being perceived as pursuing other self-serving agendas. We urge them to focus their attention on those who are clearly using threatening or abusive words or behaviour towards others based on hostility or hate towards others race or religion.

The treatment of the Tottenham Three is further evidence of what Darren White and I argued in that “Everyone is equal” blog. Football fans are subjected to a different framework of justice. But this case raises other questions that need answering.

What made the FA suddenly change its stance last September? And what made the Metropolitan Police, the only police force in the country to prosecute on these grounds, change its mind? Does the fact that both organisations have suffered criticism for their stances on racism have any bearing on the change of attitude?

If there is insufficient evidence to secure a conviction now, could there have been sufficient evidence when the decision to prosecute was taken? No new evidence that could have undermined any of the previous evidence has come to light since the original decision. As the CPS is a publicly-funded organisation, we have a right to question the quality of its decision-making.

Will the people who pointed the finger at Spurs fans, and who used their public platforms and connections to vilify, ridicule and shout down any who dared challenge them, now dedicate equal vigour to pursuing the real anti-Semites? It cannot be beyond the wit of these intelligent people to identify the difference between a Spurs fan chanting “We are the Yids” and, for example, a Chelsea fan directing a chant of “Spurs are on their way to Auschwitz” at Spurs fans.

Football does not exist in a vacuum. Misguided actions such as the prosecution of the Tottenham Three ultimately undermine the battle against bigotry, allowing the “It’s political correctness gone mad” brigade to dismiss every attempt to challenge prejudice. Attempts to introduce a legal principle of “offence” also raise worrying threats to freedom of speech and expression, something that the people of Scotland are finding to their cost, as journalist Kevin McKenna argues in a fine article in the Guardian. A piece by freelance writer Kirk Leech on the Huffington Post also does a fine job in setting out the dangers posed by the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill.

For now, the threat to freedom of speech in England and Wales has been resisted. And the disgraceful treatment of three innocent football fans has been countered. But to ensure that cases such as this never happen again, the questions this one raises must be answered.

Martin Cloake is a writer and editor based in London. You can follow him on Twitter at @MartinCloake.

Photo: Getty Images
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I'm far from convinced by Cameron's plans for Syria

The Prime Minister has a plan for when the bombs drop. But what about after?

In the House of Commons today, the Prime Minister set out a powerful case for Britain to join air strikes against Isil in Syria.  Isil, he argued, poses a direct threat to Britain and its people, and Britain should not be in the business of “outsourcing our security to our allies”. And while he conceded that further airstrikes alone would not be sufficient to beat Isil, he made the case for an “Isil first” strategy – attacking Isil now, while continuing to do what we can diplomatically to help secure a lasting settlement for Syria in which Assad (eventually) plays no part.

I agreed with much of David Cameron’s analysis. And no-one should doubt either the murderous barbarism of Isil in the region, or the barbarism they foment and inspire in others across the world.  But at the end of his lengthy Q&A session with MPs, I remained unconvinced that UK involvement in airstrikes in Syria was the right option. Because the case for action has to be a case for action that has a chance of succeeding.  And David Cameron’s case contained neither a plan for winning the war, nor a plan for winning the peace.

The Prime Minister, along with military experts and analysts across the world, concedes that air strikes alone will not defeat Isil, and that (as in Iraq) ground forces are essential if we want to rid Syria of Isil. But what is the plan to assemble these ground forces so necessary for a successful mission?  David Cameron’s answer today was more a hope than a plan. He referred to “70,000 Syrian opposition fighters - principally the Free Syrian Army (FSA) – with whom we can co-ordinate attacks on Isil”.

But it is an illusion to think that these fighters can provide the ground forces needed to complement aerial bombardment of Isil.  Many commentators have begun to doubt whether the FSA continues to exist as a coherent operational entity over the past few months. Coralling the myriad rebel groups into a disciplined force capable of fighting and occupying Isil territory is a heroic ambition, not a plan. And previous efforts to mobilize the rebels against Isil have been utter failures. Last month the Americans abandoned a $500m programme to train and turn 5,400 rebel fighters into a disciplined force to fight Isil. They succeeded in training just 60 fighters. And there have been incidents of American-trained fighters giving some of their US-provided equipment to the Nusra Front, an affiliate of Al Qaeda.

Why has it proven so hard to co-opt rebel forces in the fight against Isil? Because most of the various rebel groups are fighting a war against Assad, not against Isil.  Syria’s civil war is gruesome and complex, but it is fundamentally a Civil War between Assad’s forces and a variety of opponents of Assad’s regime. It would be a mistake for Britain to base a case for military action against Isil on the hope that thousands of disparate rebel forces can be persuaded to change their enemy – especially when the evidence so far is that they won’t.

This is a plan for military action that, at present, looks highly unlikely to succeed.  But what of the plan for peace? David Cameron today argued for the separation of the immediate task at hand - to strike against Isil in Syria – from the longer-term ambition of achieving a settlement in Syria and removing Assad.  But for Isil to be beaten, the two cannot be separated. Because it is only by making progress in developing a credible and internationally-backed plan for a post-Assad Syria that we will persuade Syrian Sunnis that fighting Isil will not end up helping Assad win the Civil War.  If we want not only to rely on rebel Sunnis to provide ground troops against Isil, but also provide stable governance in Isil-occupied areas when the bombing stops, progress on a settlement to Syria’s Civil War is more not less urgent.  Without it, the reluctance of Syrian Sunnis to think that our fight is their fight will undermine the chances of military efforts to beat Isil and bring basic order to the regions they control. 

This points us towards doubling down on the progress that has already been made in Vienna: working with the USA, France, Syria’s neighbours and the Gulf states, as well as Russia and Iran. We need not just a combined approach to ending the conflict, but the prospect of a post-war Syria that offers a place for those whose cooperation we seek to defeat Isil. No doubt this will strike some as insufficient in the face of the horrors perpetrated by Isil. But I fear that if we want not just to take action against Isil but to defeat them and prevent their return, it offers a better chance of succeeding than David Cameron’s proposal today. 

Stewart Wood is a former Shadow Cabinet minister and adviser to Ed Miliband. He tweets as @StewartWood.