‘Soldier of Allah’ escapes terror charge thanks to Facebook setting
Calls for tougher law after Muslim convert receives lighter sentence because of his private online profile
A SELF-STYLED “Soldier of Allah” who threatened to blow up a hospital escaped terror charges because of his Facebook settings.
Leroy Mccarthy, 22, a Muslim convert, wrote posts describing Lee Rigby, the murdered soldier, as a “white coward who invades countries and rapes people” and said he planned to leave the UK to “join my people’s cause”.
However, he could not be charged under the Terrorism Act because his Facebook profile was set to private, meaning he was jailed for just 18 weeks.
To charge an individual with encouraging terrorism, prosecutors must prove that the statement was intended to be seen by the public. Mccarthy’s profile was set to private, meaning the posts could only be seen by his 340 friends, so he could only be charged under the Communications Act. The case led to calls for the law to be changed. David TC Davies, Tory MP for Monmouthshire and a former police officer, said: “I think this worrying case highlights why the law needs to be changed to be further tightened up to prevent terrorist sympathisers and people encouraging violent acts from spreading their hate-filled messages whatever their Facebook settings are.
“He clearly intended to encourage and incite acts and should face the full force of the law.”
Mccarthy, from Barrow in Furness, Cumbria, who also uses the name Abdullah Mahmood, published a series
‘They wouldn’t be able to evacuate all of the patients in time before at least one of the three explosions’
of offensive, anti-semitic and homophobic posts on the social media site.
In one post, he alluded to blowing up Furness General Hospital, saying: “They wouldn’t be able to evacuate all of FGH’S patients in time before at least one of the three explosions.” Another comment said: “We are all martyrs of the Lord.”
Mccarthy, who has 14 months left on licence after being released from custody after assaulting his partner, added: “14 months then it’s passport and off to join my people’s cause. I cannot wait to turn my back on the UK.” He also posted: “A few months left and all my brothers are free. All them months of planning and it will be like a belated bonfire night for all those involved.”
Mccarthy admitted publishing a message that was “grossly offensive or of an indecent, obscene or menacing character” at Furness magistrates’ court and was ordered to pay £200 in costs and a victim surcharge.
Maureen Fawcett, mitigating, said: “He accepts the postings would have been grossly offensive and upsetting, but they were taken out of context. He had fallen out with his sister who works at the hospital.”