Tree surgeon charged over Moygashel bonfire mosque was unwitting 'fool abroad'
A tree surgeon charged with incitement to hatred for allegedly helping to place a replica mosque on top of a loyalist bonfire was an unwitting “fool abroad”, the High Court heard today.
Brian Neill, 57, claims he knew nothing about the effigy before it was unveiled at the site in Moygashel, County Tyrone on July 8 this year.


The bonfire, which also featured banners calling for tighter immigration controls and an end to the “threat from radical islam”, was subsequently set ablaze before police could move in to seize it.
Neill, from Hollow Mills in New Mills, Dungannon, is accused of displaying threatening, abusive or insulting behaviour over his alleged role in the incident.
During a failed application for bail, prosecutors said he was identified joining other men who were wearing balaclavas in climbing up onto the bonfire with the signs and a structure covered by tarpaulin.
When the covering was removed it revealed a replica mosque at the summit of the pyre, accompanied by Arabic writing translated to read “Islamic fascism”.
Crown counsel Sarah Minford said the men then climbed back down and ran into a crowd of up to 100 people, some of whom put up umbrellas to frustrate any identification by a police helicopter.
Neill, believed to be the only unmasked member of the group involved in erecting the signs, was arrested after police stopped a car later.
An examination of his phone revealed images and videos which appeared to show him on top of the bonfire.
During interviews he told police he had been at the site having a beer when three men wearing balaclavas sought his help to move an unknown item covered in tarpaulin.
“He said he may have been asked to assist because he is a tree surgeon,” Ms Minford said.
Insisting he was unaware what was under the covers, the defendant denied having any issues with immigrants or Muslims.
“He said he was aware of the controversy around the bonfire in Moygashel, he had asked earlier in the evening what was on top of the bonfire and was told ‘You’ll see shortly’,” the prosecutor added.
Opposing bail, she stressed the strength of public feeling about the offence.
“The incident made national headlines and had extensive social media coverage,” Ms Minford said.
Defence counsel Patrick Taggart accepted that burning a mosque was clearly intended to stir up hatred.
“I have no difficulty in criticising that as absolutely abhorrent,” he said.
But the barrister argued that the charge against the accused relates to written material reflected in the policies of a number of mainstream political parties.
“There has been no politician arrested for saying the same thing,” he said.
Mr Taggart told the court Neill was only approached to scale the bonfire because of his job, and insisted the mosque was not unveiled until he climbed back down.
“He’s in a different bracket to those who were wearing balaclavas and knew what was going on,” counsel contended.
“He stupidly got himself involved and he regrets that he ever got on top of the bonfire.”
However, Mr Justice Rooney held that Neill must remain in custody.
The courts service confirmed later his application for bail was refused based on the risk of re-offending.