Belfast man accused over 'race hate religious pamphlet' wins legal battle to have prosecution halted

The current criminal proceedings against Glen Kane, 60, were formally ended today after a judge ruled she had no jurisdiction to hear the case.

A legislative defect was identified over the failure to obtain a certificate of consent from the Director of Public Prosecutions (DPP).

District Judge Natasha Fitzsimons confirmed: “Ultimately this court can’t do anything in this case.”

Kane, of Riga Street in the Shankill area, denied a charge of possessing threatening, abusive or insulting written material likely to stir up hatred or arouse fear.

He was arrested in August 2024 as part of an investigation into racially-motivated disorder in the city.

Previous courts heard boxes containing up to 100 copies of the religious pamphlet were discovered at his home. The unnamed material was said to have referred to the UK’s “immigration crisis”.

At the time police claimed some of the publication’s commentary could be abusive or insulting, and apparently aimed at arousing fear towards members of a particular faith.

During interviews Kane said he did not fully read the contents of the boxes left on his doorstep by an unknown individual.

His lawyer stressed the booklet was published by a legitimate Northern Ireland-based religious organisation with a registered charity number and easily available online for downloading.

He also contended that commentary others may not approve of is insufficient for a charge of stirring up hatred.

Kane’s legal team subsequently mounted a bid to have the case thrown out before any trial at Belfast Magistrates’ Court.

They contended that he should not be treated differently to the author of material which is alleged to have incited hatred.

A further challenge to the prosecution centred on a requirement within the Public Order (Northern Ireland) Order 1987 for either the DPP or a deputy director to issue a certificate of consent.

Earlier this year the Court of Appeal threw out a separate charge of inciting religious hatred brought against prominent loyalist David ‘Dee’ Stitt because such consent was not obtained.

Judge Fitzsimons confirmed today that the same outcome must be reached in Kane’s case.

As he walked free from the courtroom, she stated: “He shouldn't be subject to bail conditions, because there is no jurisdiction.”

Defence solicitor Keith Gamble indicated that the prosecution may attempt to resurrect the case against his client.

But he also pledged: “We will (make) an abuse of process application at that point.”