CPS ‘explored all options’ before dropping charges against Palestine convoy duo

The Crown Prosecution Service has confirmed they “consulted external counsel” ahead of a decision to drop race hate charges against two men involved in the Finchley Road Palestine car convoy.

Leeds-based barrister Simon Myerson had responded to last Friday’s announcement by the CPS that hate charges had been dropped by posting a series of questions on Twitter.

The KC and leading communal figure tweeted:”Some questions for CPS UK. Has treasury counsel advised? What has changed since charge, when a decision must have been made that there was a reasonable prospect of conviction? Why is it not in the public interest to prosecute in any event?”

In their response on Tuesday the CPS tweeted:”We have explored all options in order to prosecute in this case, including consulting external counsel.”

Myerson then wrote:” I’d like to see the advice published. From the Jewish community’s perspective, people travelled a considerable distance to drive through areas in which Jews live, threatening rape and violence. ‘We can’t help’ says ‘we can’t keep you safe.'”

The CPS responded again, stating: “There is a strong public interest to prosecute, however if we are unable to cross the evidence threshold – proving that someone is in a location at the point of a crime and proving the extent of their role amounted to criminal acts – we cannot proceed with the prosecution.”

Myerson then replied: “That does rather beg the q: the strong public interest results from there being criminality. Aren’t precise roles for judges/juries? Publishing the advice would explain why my view – on the day, when it became clear people were meeting up – that this was conspiracy, was wrong.”

The KC told another tweeter that the CPS view was:”What’s being said is that there’s insufficient evidence about who was there and what they said.”

Mohammed Iftikhar Hanif and Jawaad Hussain had been charged with “using threatening, abusive or insulting words, or behaviour, with intent, likely to stir up racial hatred” while driving through North London during the outbreak of hostilities between Israel and Hamas in May 2021.

The CPS said in a statement last week that, after a review of the evidence, there is “no longer a realistic prospect of either defendant being convicted”.

Nick Price, head of special crime and counter terrorism division, said that they know the decision is “disappointing”, but insisted that prosecutors would not have been able to prove the cases against the two men.