Case against mask protester is dismissed
The case against a protester who refused to remove his face covering at a pro-Palestine march in London has been dismissed for procedural reasons.
Ibrahim Hlaiyil, 38, was charged with failing to comply with a requirement to remove a face covering, under Section 60aa of the Criminal Justice and Public Order Act.
Mr Hlaiyil was arrested at the protest on October 14 by Pc Dan Quinn after the officer asked him to remove his face covering and he refused, City of London Magistrate’s Court heard on Wednesday.
Under the Act, a police officer has the power to “require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity”.
There is no evidence to prove the essential element of the charge. The charge must be dismissed at this stage
Judge Michael Snow, trial judge
However, during his evidence, the officer did not say that he believed that Mr Hlaiyil was trying to conceal his identity – a key part of the charge.
Due to this omission, the case against Mr Hlaiyil collapsed.
Judge Michael Snow said that Pc Quinn seemed to have taken the view that he was able to arrest anyone who refused to take off their face mask at the protest.
Judge Snow said: “There is no evidence to prove the essential element of the charge.
“The charge must be dismissed at this stage.”
In a statement read to the court, Mr Hlaiyil said he was wearing the scarf over his face because he had a “bad cough”.
Pc Quinn approached Mr Hlaiyil and asked him to remove the covering.
Mr Hlaiyil said: “I tried to explain to him that it was not a mask.
“He did not listen to me and dragged me away before arresting me.”
In his evidence, Pc Quinn said that Mr Hlaiyil told him that he had “an allergy to particulates”.
However, he said he arrested him as he failed to remove the covering when asked.
He said he would not have told him to remove the covering if it was a medical mask.
After the judge dismissed the case, Mr Hlaiyil burst into tears.
He then hugged his lawyer, Audrey Mogan, and supporters.
From news to politics, travel to sport, culture to climate – The Independent has a host of free newsletters to suit your interests. To find the stories you want to read, and more, in your inbox, click here.
News Related
-
Asylum seekers travel in an inflatable boat across the English Channel, bound for Dover on the south coast of England (Photo: Ben Stansall/AFP) Up to 40 Conservative MPs are poised to rebel over Rishi Sunak’s Rwanda deportation policy as they question ministers’ commitment to the scheme. A major row is ...
See Details:
Up to 40 Tory MPs ‘set to rebel’ if Sunak’s Rwanda plan doesn’t override ECHR
-
In the saltmarsh fringing where the Ballyboe River dissolves into Trawbreaga Bay, a little egret wears its plumage like a windblown stole. Our car swoops across the 10 arches of Malin bridge and we park along the village green. Malin is almost as far north as you can get on ...
See Details:
Country diary: A tale of three churches
-
Photograph: Chris Ratcliffe/EPA Hampton Court is an enduring monument to the power of Henry VIII, a pleasure palace down the Thames from Westminster and the City of London. On Monday it was the scene of power projection of a different kind, as Rishi Sunak pitched for investment from some of ...
See Details:
Sunak woos business elite with royal welcome – but they seek certainty
-
-
Tottenham interested in move to sign “fearless” £20m defender in January Tottenham Hotspur have joined the race to bring an overseas defender to the Premier League in January, according to a fresh report. Postecoglou’s centre-back options The Lilywhites currently have Micky Van De Ven, Ashley Phillips, Cristian Romero and Eric ...
See Details:
Tottenham interested in move to sign “fearless” £20m defender in January
-
A £100m campaign urging households and businesses to use less water will be funded from customers’ bills, Ofwat has said. Bill payers to stump up cost of £100m water usage campaign The regulator’s chief executive David Black told MPs that if the measures worked it would be cheaper than building ...
See Details:
Bill payers to stump up cost of £100m water usage campaign
-
FILE PHOTO: Soccer Football – FIFA Women’s World Cup Australia and New Zealand 2023 – Group B – Canada Training – Olympic Park, Melbourne, Australia – July 24, 2023 Canada’s Christine Sinclair during training REUTERS/Hannah Mckay/File Photo (Reuters) – BC Place in Vancouver, British Columbia, will be renamed “Christine Sinclair ...
See Details:
Soccer-Venue renamed 'Christine Sinclair Place' for Canada soccer great's final game
-
Michael van Gerwen is hunting down a fourth World Championship title (Picture: Getty Images) Michael van Gerwen is Phil Taylor’s tip to lift the World Darts Championship trophy for a fourth time in January, expecting a backlash from the recent defeat in the Players Championship Finals. The 2024 World Championship ...
See Details:
Phil Taylor makes his pick for 2024 World Darts Championship winner
-
Michael van Gerwen is hunting down a fourth World Championship title (Picture: Getty Images) Michael van Gerwen is Phil Taylor’s tip to lift the World Darts Championship trophy for a fourth time in January, expecting a backlash from the recent defeat in the Players Championship Finals. The 2024 World Championship ...
See Details:
Soccer-Howe aims to boost Newcastle's momentum in PSG clash
-
Michael van Gerwen is hunting down a fourth World Championship title (Picture: Getty Images) Michael van Gerwen is Phil Taylor’s tip to lift the World Darts Championship trophy for a fourth time in January, expecting a backlash from the recent defeat in the Players Championship Finals. The 2024 World Championship ...
See Details:
Hamilton heads for hibernation with a word of warning
-
Michael van Gerwen is hunting down a fourth World Championship title (Picture: Getty Images) Michael van Gerwen is Phil Taylor’s tip to lift the World Darts Championship trophy for a fourth time in January, expecting a backlash from the recent defeat in the Players Championship Finals. The 2024 World Championship ...
See Details:
Carolina Panthers fire head coach Frank Reich after 1-10 start to the season
-
Michael van Gerwen is hunting down a fourth World Championship title (Picture: Getty Images) Michael van Gerwen is Phil Taylor’s tip to lift the World Darts Championship trophy for a fourth time in January, expecting a backlash from the recent defeat in the Players Championship Finals. The 2024 World Championship ...
See Details:
This exercise is critical for golfers. 4 tips to doing it right
-
Michael van Gerwen is hunting down a fourth World Championship title (Picture: Getty Images) Michael van Gerwen is Phil Taylor’s tip to lift the World Darts Championship trophy for a fourth time in January, expecting a backlash from the recent defeat in the Players Championship Finals. The 2024 World Championship ...
See Details:
One in three households with children 'will struggle to afford Christmas'
-
OTHER NEWS
Kobbie Mainoo made his first start for Man Utd at Everton (Photo: Getty) The Football Association are reportedly confident that Manchester United starlet Kobbie Mainoo will choose to represent England ...
Read more »
Michael Smith will begin the defence of his world title on the opening night (Picture: Getty Images) The 2024 World Darts Championship is less than three weeks away and the ...
Read more »
For the first time a long haul commercial aircraft is flying across the Atlantic using 100% sustainable aviation fuel (SAF). A long haul commercial flight is flying to the US ...
Read more »
The King has met business and finance leaders from across the world at a Buckingham Palace reception to mark the conclusion of the UK’s Global Investment Summit. Charles was introduced ...
Read more »
After Ohio State’s 30-24 loss to Michigan Saturday, many college football fans were wondering where Lou Holtz was. In his postgame interview after the Buckeyes beat Notre Dame 17-14 in ...
Read more »
Darius Slay wouldn’t have minded being penalized on controversial no-call No matter which team you were rooting for on Sunday, we can all agree that the officiating job performed by ...
Read more »
New England Patriots quarterback Mac Jones (10) Quarterback Mac Jones remains committed to finding success with the New England Patriots even though his future is up in the air following ...
Read more »