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I act for Daniel Burke (& Aiden James before him) with brilliant Andrew Hall QC. Thrilled that Dan’s nightmare is at an end & hope he can begin to rebuild his life. However, urgent questions remain about the political use of over-broad terrorism laws. (Brief thread) https://twitter.com/DdesimoneDaniel/status/1278992612872069121
Dan is a veteran & fought with YPG against ISIS in 2018.He was accused of planning to return.The YPG are not a proscribed terrorist group in http://UK.UK (with USA/other western forces) have given military/other assistance to YPG & lauded them as allies in against IS
Dan was imprisoned for over 7 months(in appalling conditions incl near solitary confinement) on the basis of prosecution assertions he was a committed terrorist facing an overwhelming case (including contested application to extend his custody time limit).
Suddenly the pros decide there is now insufficient evidence for a realistic prospect of conviction(after we submitted an abuse of process argument, which - without wishing to do ourselves down - raised issues that should have been obvious to the prosecution from the start).
We argued that the prosecution was abusive / bought law into disrepute as 1.this prosecution was inconsistent with the Crown/govt’s approach to others and to YPG generally 2. the definition of terrorism (as interpreted by the Crown) was so broad as to be almost meaningless...
(Eg they appeared to suggest that you could be a terrorist even if the force used was defensive - eg in relation to Turkish incursions which were widely condemned by the international community, and the UK govt as a violation of international law)
Despite repeated invitations to explain what has changed & why Dan (or the newels) were prosecuted / imprisoned, prosecution have flatly refused to give Dan (or the Neweys) any reasons at all. Response from AG @SuellaBraverman suggests she is no more than a rubber stamp.
7 charged in connection with #YPG.None convicted (6 collapsed/ discontinued. Aiden James acquitted at trial). The public are owed an explanation as to why these enormously expensive prosecutions were brought&then abandoned.Not to mention the men whose lives have been ruined.
The #YPG cases show that the over-broad provisions are capable of political abuse. At a time when there is intl concern re sweeping and ill-defined new terrorist offences in #HongKong, there is a need for review of the scope of the definition of “terrorism” in our own legislation
The use of terror laws to prosecute British volunteers fighting against the genocidal activities of proscribed terrorist groups in Syria arguably goes far beyond the intention of Parliament in passing the legislation, and potentially brings the law into disrepute.
Should also mention the brilliant @saryghadi who's expert report we served with our abuse of process argument which precipitated this collapse. Exceptional work.
