Aidan James, 28, has been cleared of preparing acts of terrorism after a judge ruled he travelled to Syria in 2017 with the sole intention of fighting against ISIS
A British father who travelled to Syria to fight against ISIS has been cleared of one terrorism charge today after the judge ruled he had no case to answer.
Aidan James, 28, has been on trial at the Old Bailey in London accused of preparing acts of terrorism by fighting alongside proscribed Kurdish militia the PKK against jihadis in Iraq and Syria in 2017.
But the prosecution dropped those charges midway through the trial on the basis that James’ actions were solely focused on opposing ISIS, rather than trying to further the Kurdish cause.
The father-of-one, of Merseyside, remains on trial accused of attending two terrorist training camps – one in Iraq with the PKK and another in Syria with another Kurdish fighting force, the YPG.
He decided today not to give evidence over those charges and the case was adjourned until tomorrow for closing speeches.
The PKK is proscribed in Britain because it has fought a terrorist campaign in Turkey, but the UK has supported the YPG, who form the main contingent of the anti-ISIS forces.
Addressing the jury, at the end of the prosecution case, Mr Justice Edis told told the jury: ‘Yesterday afternoon I made a ruling that there is no case to answer in respect of count one, the allegation of preparation of terrorism.
James, pictured in 2017 shortly before leaving the UK, had been accused of ‘picking a cause’ by training and fighting with proscribed Kurdish militia the PKK
But the prosecution dropped the charges against James, pictured left in Iraq and right in Syria, due to a lack of evidence that he was trying to further the Kurdish cause. He remains on trial accused of attending terror training camps in Iraq and Syria
‘The prosecution do not seek a conviction of Mr James if his activity was solely limited to the fight against ISIS.
‘They do not invite you to say that taking part, by the use of weapons by a civilian, in the fight against ISIS, is terrorist activity – whether or not it is in law, they do not seek prosecution on that basis.’
He added: ‘I have to decide whether it is safe for you to come to the conclusion that Aidan James’s activity was to give effect to an intention for terrorist activity abroad – other than fighting for ISIS.
‘My ruling was there was no evidence sufficient for you to be sure that he had any intention other than fighting against ISIS and that is why I decided that there was no case to answer.
‘His participation was to do with ISIS. And that being so there is no case on count one because that is all about what he was preparing to do.’
Jurors heard James told police he ‘just wanted to provide humanitarian aid’ but saw video footage of him firing weapons
His ruling came because the YPG was ‘fully occupied’ with fighting ISIS during the six month ‘tour of duty’ that James spent with them.
The judge left open the possibility that the YPG had wider aims for an autonomous Kurdish region that could mean their training camp, and that of the PKK, were for terrorist purposes.
He added: ‘That does not mean that the YPG, which he went to join, is not a terrorist organisation that intends to carry out military activity to achieve its objectives.
‘You will have to consider when you retire what the intention of the YPG is, whether it has intentions beyond the defeat of Isis.
James, pictured in Syria, decided not to give evidence in his defence on the remaining charges
‘Counts two and three are about what type of training was provided when he was there and what it was for and what he knew about the training and what its purpose was. It’s about attending a camp where terrorist training is provided.’
The trial has already heard that James had no link to Syria and no previous military experience.
Mark Heywood QC, prosecuting, said he had ‘picked his cause’ which ‘fuelled the violence’ in the Syrian civil war.
James was arrested four months before he left Britain and put on the Prevent de-radicalisation programme, but the bail was later cancelled and his passport returned.
He went on a training course in North Wales and bought body armour and equipment before travelling out to Iraq and then Syria to join Kurdish forces in August 2017.
The jury formally entered a not guilty verdict on the charge of preparing acts of terrorism and the case continues against him on two charges of attending a place for terrorist training.
Andy Hall QC, representing James, told the court his client had decided not to give evidence in relation to the remaining charges and the case was adjourned before closing speeches on Wednesday.
The judge told the jury that James’s decision meant ‘the jury can draw such inferences as they want from his decision not to give evidence.’
The case continues.