A Saskatchewan court in western Canada upheld on Monday a lower court ruling quashing the conviction of a North American Indian leader for hate crimes against Jews.
David Ahenakew, now 74, was convicted in 2005 of willfully promoting hatred for endorsing Adolf Hitler and telling a reporter in December 2002 that Jews bent on global domination were responsible for World War II.
He was fined US$1,000, but his conviction was overturned.
The Saskatchewan Court of Appeal said on Monday that while Ahenakew's words were "shocking, brutal and hurtful," the trial judge failed to consider "whether Mr Ahenakew had the intent necessary for a finding of guilt."
It is now up to prosecutors to decide whether to appeal the latest decision, hold a new trial or drop the case entirely.
Ahenakew's attorney Doug Christie said by telephone from Victoria, British Columbia, his client "is relieved and hopes he won't have to go through this again."
Christie also praised the court for its "very helpful explanation of the high degree of intention necessary to constitute a crime of words."
Jewish group B'nai Brith called on the Crown to appeal the decision to the Supreme Court of Canada, saying in a statement, "The matter cannot rest here."
"We call on Canada's highest court to recognize clearly the hate-filled message of Ahenakew's remarks," said Frank Dimant, executive vice president of B'nai Brith Canada.
In December 2002, following a 45-minute speech at a conference on native issues, Ahenakew told a reporter Jews are "a disease."
He added, "Hitler came in ... and made damn sure that the Jews didn't take over Germany or Europe. That's why he fried 6 million of those guys."
In his defense, Ahenakew said his spontaneous comments were part of a "private conversation" and were not meant for publication.
Following his conviction, the former national chief of the Assembly of First Nations was stripped of his Order of Canada, becoming only the second person at the time to be divested of the nation's highest honor.
He was also booted from his senate job at the Federation of Saskatchewan Indian Nations.
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