Campaigners have attacked a decision to drop hate charges against two men on the May 2021 “Convoy for Palestine”.
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.
The Crown Prosecution Service (CPS) said in a statement 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.
Mr Price told the JC: "This was a shocking incident, and we know how disappointing this decision will be for the Jewish community.
“Throughout this case, we have worked hard with the police to identify those filmed and the extent of their involvement. However, upon reviewing the evidence it has become clear we would not be able to prove to a court that one of the two charged individuals was in the car at the time of the captured footage. We could also not demonstrate that the second person had participated in the conduct to the criminal standard.
“We will continue to work with the Jewish community to rebuild trust. Anyone who sees hate crime should report it to police. We will prosecute all cases where there is sufficient evidence to do so.”
This comes after the CPS dropped charges in July against two other men also accused of stirring up racial hatred on the same convoy, citing the same reason, meaning that no one is currently facing charges following the incident widely condemned across the country.
The Campaign Against Antisemitism called on the Director of Public Prosecutions to either explain the decision or resign, saying: "It shames our country that our criminal justice system has yet again left its Jews to fend for themselves."
Mike Freer, MP for Finchley and Golders Green, told the JC that the decision is "disappointing", and said that the CPS should take these cases to court and allow a jury to decide.
Mr Freer, who also serves as Parliamentary Under-Secretary of State for Courts and Legal Services, said: “The CPS have a job to do, and whilst they may think the case does not have a realistic chance of success, sometimes we should take a chance and let a jury decide, otherwise wecontinually let perpetrators think they will get away with it, and the people who are terrorised think that they are not going to be protected.
“I think it’s a very disappointing decision, and I think they should have pursued it not only to send a message to those who seek to behave in this way, but also we may have discovered that the jury convicted them, so sometimes we should let a jury decide.”
Both men had allegedly travelled from Blackburn in the convoy that drove through London on 16 May 2021. They were arrested after a video circulated on social media in May last year, in which antisemitic abuse could be heard being shouted as vehicles draped with Palestinian flags travelled in a convoy through or near heavily Jewish areas.
In the viral video, cars with Palestinian flags were seen driving through areas of London with many Jewish residents, while protesters honk their horns and scream “F*** their mothers, rape their daughters.”
All four men accused had pleaded not guilty when they were charged last year.
The case was due to go to trial, but after a review of the evidence, the CPS has decided to discontinue proceedings.
In a statement on Friday morning, a CPS spokesperson told the JC: “The CPS has a duty to keep cases under continuing review and, following a further review of the evidence, we concluded there is no longer a realistic prospect of either defendant being convicted.
“We take reports of antisemitism and all other allegations of religious hatred extremely seriously because of the devastating impact they have on victims and wider society. Where there is sufficient evidence, we will prosecute these cases.”
The Campaign Against Antisemitism (CAA) expressed its fury that the case has been dropped, calling for the decision to be explained or for the Director of Public Prosecutions to resign.
A spokesperson for the CAA told the JC: “The Director of Public Prosecutions must immediately explain this decision or resign. If the CPS is incapable of bringing to justice the people who drove through London in broad daylight on camera calling for the rape of Jewish women and girls, then it has reached the absolute pinnacle of pointlessness.
"This was a crime that sent Jewish families running in fear and caused the Prime Minister and Home Secretary to demand action. Britain’s Jews are facing surging hatred and are crying out for justice.
"We are exploring whether we can bring a private prosecution, and we are also considering whether we could bring a judicial review against the CPS. It shames our country that our criminal justice system has yet again left Britain’s Jews to fend for themselves.”
Mark Gardner, Chief Executive of the Community Security Trust, said: “The decision to drop all charges in relation to the notorious hate convoy through north London in May 2021 will cause understandable and deserved fury throughout the Jewish community and beyond.
"CST put a huge amount of work into tracking the convoy on the day, identifying the cars involved and ensuring that arrests were made in real time. We rely on our criminal justice system to protect our community from this kind of hatred and intimidation, and the failure to do so will leave a deep scar.
"The CPS need to urgently explain everything they have done to try to prosecute this case and set out in detail why they feel it cannot go ahead. The Jewish community, and indeed the wider community, deserve nothing less.”
In July, the CPS also dropped charges against Asif Ali, 26 and Adil Mota, 27, saying at the time that there was no longer a realistic prospect of conviction.