Ex-British soldier demands answers after ‘unjustified’ terror charges dropped

A former British soldier who joined a Kurdish militia group fighting against Islamic State has demanded answers after “totally unjustified” terrorism charges against him were dropped.

James Matthews, who featured in a Channel 4 documentary, had been due to face trial in November charged with receiving instruction or training in Iraq and Syria on or before February 15, 2016 “for purposes connected to the commission of preparation of terrorism”.

His case was believed to be the first time terrorism legislation had been used to prosecute someone who was helping a group which was also being assisted by the UK Government.

He walked free from the Old Bailey after the Crown Prosecution Service announced there was no longer a realistic prospect of prosecution on “evidential grounds”.

Prosecutor Tom Little QC stressed the decision was based on evidence “specific” to the case.

Mr Matthews is one of a number of Britons arrested after returning from Syria having supported the YPG militia group’s operations against Islamic State.

One is still facing the same charge as Mr Matthews, who had entered a not guilty plea and was formally acquitted by Mr Justice Edis after the Crown offered no evidence during a brief hearing on Tuesday.

The 43-year-old, from Dalston, east London, sat next to his lawyers in court and was said to be “happy” about the decision, which came more than two years after his arrest.

His barrister Joel Bennathan QC said: “Mr Matthews was always open about what he had done and it is baffling that the CPS took two years to decide to prosecute him, then seven months later they have suddenly realised there is not enough evidence to do so.

“After two-and-a-half years, we suggest Mr Matthews is entitled to a full and proper explanation of what has happened here and invite the court to direct that should be done.”

Mr Justice Edis responded: “The Attorney General is ultimately responsible and is accountable to Parliament for his function and I’m not sure the court ought to become embroiled in that.”

Afterwards, Mr Matthews’ solicitors Birnberg Peirce also demanded Attorney General Geoffrey Cox QC give an explanation to Parliament as a “matter of urgency”.

The firm said: “Jim Matthews was arrested two years and five months ago after returning from assisting the Kurdish population of Rojava and western coalition forces against the onslaught of Isis.

“He was accused of attending a terrorist training camp organised by the YPG, an entirely lawful Kurdish organisation.”

It added: “There never was a credible case of terrorism to be made against Mr Matthews , either factually, morally or legally.

“When Jim was arrested the YPG was a politically necessary ally of the UK. By the time of charge, it was not.

“Political calculations had changed, as the YPG had by then all but defeated Isis.

“Turkey, an avowed opponent of the YPG and any signs of a Kurdish independence movement, is an important market for British arms sales, perhaps ever more important in the current political climate.

“Was this the reason why the Attorney General decided that an otherwise implausible prosecution be brought?

“After the stress and anxiety of two years waiting followed by seven months on bail and numerous court appearances, Jim Matthews is entitled to an answer.”

A spokesman for the Attorney General’s Office said: “The CPS is operationally independent and makes its decisions to prosecute independently of Government.

“The decision to drop the case against James Matthews was taken independently by the CPS.

“The Attorney General does not decide whether or not to continue a prosecution. That is a matter for the CPS.”

During earlier legal argument, Mr Bennathan said the alleged offence came as IS was invading Syria and Iraq, and beheading hostages.

At the time, the YPG was being supported “materially and openly by the British Government” and being given air cover, he said.

Mr Bennathan said he would apply for disclosure on “why the Attorney General has taken the political decision to prosecute Mr Matthews and whether pressure from the Turkish government has played a part in that”.

During the March hearing, a production order was made for the Channel 4 documentary Brits Battling Isis.

A CPS spokesman said: “All cases are kept under review. As a result of new evidence, specific to this case, we have concluded there is no longer a realistic prospect of conviction in this matter.

“As such, the prosecution offered no evidence against James Matthews. The proceedings against him have now come to an end.”

:: In a separate case, Aiden James, 27, from Formby in Merseyside, is due to face trial later this year accused of fighting against Islamic State.

He is charged with one count of the preparation of acts of terrorism and two counts of attendance at a place used for terrorist training.

During an Old Bailey hearing before Mr Justice Edis on Tuesday, a three-week trial was confirmed for November 19 with a plea and trial preparation hearing on October 5.