Man accused of having a religious pamphlet aimed at stirring up racial hatred in bid to have case halted

Lawyers for Glen Kane, 59, indicated his challenge was based on a potential decision not to prosecute the author of the publication.

An application has been lodged to stay the criminal proceedings as an abuse of process.

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

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

A previous court heard boxes containing up to 100 copies of the religious pamphlet had been 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 had 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.

At Belfast Magistrates’ Court today a judge was told the person who wrote the pamphlet has been interviewed, but no further updates provided on whether they will face any charges.

Counsel for Kane said: “That is a very central issue because if that document is said to be the inciting document, it is very hard to see how the author is not prosecuted.”

Further clarity was sought on the specific material that led to the criminal proceedings.

District Judge Anne Marshall commented: “Abuse applications are rarely successful on the basis ‘you can’t prosecute me if you haven’t prosecuted everybody else who has done this or the person who wrote this’.”

The barrister replied: “I appreciate that, but this is a particular case.”

With Kane on continuing bail, Judge Marshall listed the case against him for a full hearing in December