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A British Muslim who descecrated a town’s war memorial with graffiti glorifying al-Qaeda walked free from court yesterday – after lawyers ruled he was not a religious extremist.

Tohseef Shah, 21, showed “no remorse” after admitting he had sprayed the words “Islam will dominate the world Osama is on his way” and “Kill Gordon Brown” on a plinth, magistrates heard.

He was seen with an accomplice on CCTV and was later trapped by DNA evidence after throwing away a spray paint can at the scene.

Senior Crown Prosecution Service lawyers watched the footage after a street cleaner found the damaged council memorial in Burton upon Trent, Staffs, last December.

Burton JPs heard the CPS ruled Shah was politically and not racially or religiously motivated. He got a two-year conditional discharge for criminal damage. He also has to pay £500 compensation and £85 costs.

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