‘No need to explain’ as ex-soldier’s terror case dropped
PROSECUTORS WILL not have to provide an explanation to a former British soldier accused of terror offences after the case against him was dropped, a judge has ruled.
Daniel Burke, 33, from Manchester, had been charged with three terror offences, including helping Daniel Newey, another British man who had allegedly gone to Syria last year.
On July 3, it was announced at the Old Bailey that the prosecution would offer no evidence against Mr Burke after defence disclosure applications.
Prosecutor Simon Davis also said the Crown would not proceed against Daniel Newey’s father Paul, 49, and brother, Sam, 19, from Solihull in the West Midlands, who were accused of helping him.
Yesterday, a hearing was held to determine whether the court was able to require the prosecution to provide a reason why the case was dropped.
Andrew Hall QC, representing Mr Burke, said the prosecution “ought to do the right thing” and give an explanation to his client, who had been in custody since December.
He said: “The prosecution really ought to do the right thing in this case.
“The prosecution are expected to act in the interest of justice and no additional power should be there to force them to do so.”
Richard Thomas, for Paul Newey, said the proceedings had had a “catastrophic” effect on Mr Newey’s life.
Mr Justice Sweeney ruled he had no power to require the prosecution to explain why the case had been discontinued. He said: “This must finally bring these proceedings to an end.”