Dee Fennell acquitted of encouraging terrorism and more

In a judgement released by the courts today, Judge Geoffrey Miller QC (sitting without a jury in Belfast Crown Court) said that he was entitled to be acquitted of the three counts he faced.

They were: encouragement of terrorism contrary to s.1(2) of the Terrorism Act 2006; inviting support for a proscribed organisation, contrary to s.12(1) of the Terrorism Act 2000; and addressing a meeting for the purpose of encouraging support for a proscribed organisation, contrary to s.12(3) of the Terrorism Act 2000.

They centred on a speech he gave at an Easter commemoration in St Coleman’s Cemetery in Lurgan on April 5, 2015.

In a statement to police relating to his eight-minute speech, he had said: “At no stage did I encourage anyone to join any organisation; at no stage did I encourage anyone to engage in violence against anyone.”

Dee Fennell’s address has been given as Torrens Avenue in Belfast on previous occasions. He is in his mid-30s.

About 70 people had been present for the speech, which was posted online.

The judge said he had to consider Mr Fennell’s right to free speech the European Convention on Human Rights, among other matters.

He said under the law as it stands in order to prove the first of the charges, prosecutors must show the speech was “published”.

Although the prosecution did not say that Mr Fennell had put the speech online, it had argued that the act of him delivering it counted as publication.

However, the judge indicated he had “great difficulty” with such a definition. He was acquitted.

On charges two and three, the judge said: “However offensive the words used by the defendant might be in the ears of many right thinking members of society they were expressions of personal opinion, which did not invite or encourage support for the IRA.”

He was likewise acquitted of these.