Prominent Loyalist David 'Dee' Stitt to argue case over alleged religious hatred social media posts is wrong as he was in Spain at the time
Prominent loyalist David ‘Dee’ Stitt is set to argue he has been wrongly prosecuted for allegedly inciting religious hatred through a social media posting - because he was on holiday in Spain.
As a judge listed the 54-year-old community worker’s trial for hearing in May, a defence based on him being out of Northern Ireland at the time was confirmed.
His lawyers claim the legislation does not have the necessary extra-territorial powers.
Stitt, of Lord Warden’s Court in Bangor, Co Down, denies publishing threatening, abusive or insulting material with intent to stir up hatred amid racial tensions last summer.
The charge against him has been brought under Article 10 of the Public Order (Northern Ireland) Order 1987.
Previous courts heard a posting shared on his Facebook page on July 31 stated “enough is enough… get up and stand up” in response to the killing of three young girls in Southport, England.
Listing parts of Belfast, Newtownabbey and north Down where protests were to be held three days later, it stated: “The aim is to bring the country to a standstill.”
Advice was given for women and children to be at the front of demonstrations at all locations.
The message also referred to having “one chance to stop the spread of evil Islam”.
Detectives investigating the published material arrested Stitt at Belfast City Airport on August 22.
He had just arrived back from a six-week stay in Alicante, where the material was allegedly posted.
Police and prosecutors have described the publication as a “call to arms”, claiming the intention was to incite fear or hatred of a group of people defined by religious belief.
During interviews Stitt told police it was made on a private Facebook account he thought could only be seen by around 700 friends.
He insisted it was a re-share of a message sent to him about staging peaceful protests, and based on content written by someone else.
Stitt’s lawyers have now prepared written arguments as part of attempts to secure his acquittal. They argue that a Northern Ireland Order has no jurisdictional capacity to penalise suspected conduct abroad.
“At the time the offence was alleged to have been committed, the Defendant was in Spain and any re-sharing on Facebook occurred in Spain,” defence papers contend.
“Northern Ireland legislation cannot extend in any way to another country or territory outside of this jurisdiction to create or alter the law elsewhere.”
Further grounds of challenge involve claims the posting was not threatening, abusive or insulting, and that Stitt is protected by the right to freedom of expression.
He did not attend Belfast Magistrates’ Court today as the case was a new date for the trial was set.
District Judge Steven Keown agreed to deal with the contest at a one-day hearing in May.