Legal Victory for Loyalist David 'Dee' Stitt
Prominent loyalist figure David 'Dee' Stitt has successfully challenged a charge of inciting religious hatred, resulting in the case being dismissed by senior judges. The ruling, delivered on Wednesday, determined that the Magistrates' Court lacked jurisdiction to hear the case due to the absence of a certificate of consent from the Director of Public Prosecutions (DPP).
The decision concludes the ongoing criminal proceedings against the 55-year-old community worker from Lord Warden's Court in Bangor, County Down. The charge related to a social media post made in July 2024 concerning what was described as "the spread of evil Islam." Stitt denied the allegation of publishing threatening, abusive, or insulting material with the intent to stir up hatred during a period marked by racial tensions.
The charge was brought under Article 10 of the Public Order (Northern Ireland) Order 1987.
Details of the Social Media Post
The contested post, shared on Stitt's Facebook page, included the statement "enough is enough… get up and stand up" in reaction to the killing of three young girls in Southport, England. It listed locations including parts of Belfast, Newtownabbey, and North Down where protests were planned three days later, stating: "The aim is to bring the country to a standstill."
Advice within the message suggested that women and children should be positioned at the front of demonstrations at all locations. The post also referenced having "one chance to stop the spread of evil Islam."
Investigation and Arrest
Following the publication of the material, detectives arrested Stitt at Belfast City Airport the following month as he returned from a six-week stay in Alicante, where the post was allegedly made. Police and prosecutors characterized the publication as a "call to arms," asserting that its intent was to incite fear or hatred against a group defined by religious belief.
During police interviews, Stitt stated that the post was made on a private Facebook account he believed was visible only to approximately 700 friends. He maintained that it was a reshare of a message sent to him concerning peaceful protests and that the content originated from another individual.
Legal Challenge and Court of Appeal Ruling
Stitt's legal team sought to halt the case before it proceeded to trial at the magistrates' level by appealing to the Court of Appeal. They argued that under the 1987 Order, a certificate of consent should have been obtained from the Director or Deputy Director of Public Prosecutions (DPP) before prosecution could proceed. The absence of this certificate was deemed "fatal" to the prosecution's case.
Appeal judges supported these arguments, concluding that the Magistrates' Court does not have jurisdiction to hear a summary prosecution under Article 10 of the Order without consent from the DPP. Lord Justice McCloskey stated:
"It follows that the appeal is determined in favour of Mr Stitt."
While prosecutors retain the option to challenge the ruling at the Supreme Court, defence representatives indicated that the current prosecution appeared to have ended.
Statements from Legal Representatives and Stitt
Barrister John Larkin KC commented on the ruling, saying:
"It seems to us on this determination there can be no question of sending the case back (to the Magistrates' Court)."
Stitt's solicitor, Gavin Booth of Phoenix Law, emphasized that the prosecution had concluded. He stated:
"We have always maintained that Mr Stitt's Facebook posting did not incite anybody to do anything. These proceedings were not properly initiated by the Public Prosecution Service, and we're happy that the Court of Appeal has ruled in our favour."
Stitt did not attend court for the judgment but issued a statement through loyalist activist Jamie Bryson's JWB Consultancy. He asserted that the case represented an attempt to suppress free speech:
"I am proud to have fought this matter all the way to the Court of Appeal, and won. Free speech is a fundamental part of the very foundation of the United Kingdom. This prosecution sought to stymie that and shut down discussion of some very important issues."
The statement continued:
"I look forward to celebrating with my family and getting on with my life after this unjust, and ultimately failed, persecution."
