Prosecutors accused of using inappropriate terror legislation when charging Kurd supporters
Prosecutors have been accused of the inappropriate and "Gung ho" use of terror legislation after suddenly dropping charges against three Britons accused of helping the Kurds in their fight against Islamic State of Iraq and the Levant (Isil)
Daniel Burke, a former soldier, was charged alongside father and son, Paul and Samuel Newey with preparing or financing terror by supporting the Kurdish People’s Protection Units of YPG in Syria.
Mr Burke was held on remand for seven months and all three men faced the prospect of lengthy jail terms if convicted of terrorism offences.
It is the latest prosecution involving YPG volunteers to fail and has led to calls for a review of the use of terror laws against an organisation that has not been proscribed by the British government.
Nazir Afzal, the former Chief Crown Prosecutor for the North West, said the police and CPS were guilty of being “too robust and Gung ho” in the use of terror legislation.
He said: “When it comes to YPG there has not been a single successful prosecution in this country and what concerns me is that the CPS are moving straight to charge rather than taking their time to consider whether they can get a conviction.
“It feels like the CPS and police are being Gung ho when bringing these cases before the courts without due consideration being given to whether the appropriate legislation is being applied.
“The YPG has not been proscribed as a terrorist organisation and I think the UK Government needs to offer some real clarity on its attitude towards a group that has been fighting Isil.”
Following last week’s announcement that it was dropping the latest case, the judge asked CPS lawyers to return to court to explain what had led to the decision.
Mr Afzal said: “If the authorities want to deter young people from volunteering to fight for non terrorist organisations then there are other options available. Terrorism legislation is being as a blunt tool here and it also labels the YPG as a terrorist group, when it has never been proscribed as such.”
