CAA exploring legal options after CPS drops antisemitic hate charges in yet another high-profile case, this time in relation to West Ham suspects
Campaign Against Antisemitism is exploring legal options after the Crown Prosecution Service (CPS) dropped charges against two suspects in relation to a high-profile incident on a Ryanair flight last year.
Lee Carey, 55, and Jak Bruce, 31, were arrested in connection with an incident on a flight from London Stansted to Eindhoven in November 2021 in which numerous West Ham supporters were videoed chanting an antisemitic song, apparently at a Hasidic passenger. They were charged with racially aggravated harassment
The group was filmed to be chanting “I’ve got a foreskin haven’t you, f***ing Jew”, as they flew to a Europa League match between their team and KRC Genk in Belgium.
In May, the defendants sought to have the case dismissed, arguing that the court lacked jurisdiction under the Civil Aviation Act and therefore could not hear the case, as there are specific rules about jurisdiction for crimes committed on airplanes. The case was adjourned while the CPS considered the issue. In the meantime, last month, Judge Walker, sitting at Chelmsford Crown Court, rejected an application to dismiss the case, and a further hearing was due later this year.
It has now emerged, however, that the case has collapsed, with the CPS deciding that it has “insufficient evidence” to establish that the alleged offences took place under British jurisdiction and that, therefore, the CPS is unable to advance the prosecution.
A spokesperson for the CPS said: “Following a careful review of all the available evidence, we concluded there was insufficient evidence to prove that the alleged offences took place in British airspace and therefore within remit of our courts. The CPS takes racism, homophobia, and antisemitism in sport extremely seriously because of the devastating impact it has on victims and wider society.
“Where there is sufficient evidence and it is in the public interest, we will prosecute these cases. We are working with sporting bodies and the police to advise them on the evidence required to build strong cases so that offenders can be brought to justice.”
This is the third time in almost as many months that the CPS has dropped or reduced charges against suspects in antisemitic hate crime incidents.
Polling for our 2021 Antisemitism Barometer showed that a majority of British Jews do not believe that the CPS is doing enough to protect them.
West Ham confirmed last year that it had banned two supporters for life, although it is not known if those fans are the defendants in this case.
A spokesperson for Campaign Against Antisemitism said: “This incident was caught on video that went viral, with plenty of witnesses on the plane, including Ryanair cabin crew. It is beyond belief that sufficient evidence cannot be amassed to establish jurisdiction and that potential culprits are free to go without sanction. This is the third time in almost as many months that the CPS has dropped or reduced charges against suspects in high-profile antisemitic hate crime incidents, and members of the Jewish community are writing to us in indignation. It is no wonder that our polling shows that a majority of British Jews do not believe that the CPS does enough to protect them. With regard to this case, we are exploring legal options to ensure that justice is done.”
Campaign Against Antisemitism’s analysis of Home Office statistics shows that an average of over three hate crimes are directed at Jews every single day in England and Wales, with Jews more than four times likelier to be targets of hate crimes than any other faith group.
