The dropping of paramilitary charges against a leading loyalist has been met with astonishment. Ihab Shoukri, who just months ago was part of a UDA delegation that held secret talks in Belfast with the husband of President Mary McAleese, was cleared of membership of the UDA and UFF yesterday (Friday).
The court was told there was not enough evidence to justify a trial of the 32-year-old, who along with his brother Andre is locked in a bitter dispute with their former UDA allies, which threatens to spiral into serious violence.
Ihab Shoukri, of Westland Drive in north Belfast, was accused of membership of the UDA and UFF between February and July 2003.
He was also charged with professing to be a member of both organisations between May 14 and May 20 2003.
Judge Tom Burgess said the charges related to a "snapshot in time which is now historic".
"Any case can only be decided on the evidence before the court and evidence which is admissible," he said.
The judge also said that when deciding on what evidence to put forward the prosecution "may have to consider wider issues than those before the court".
The court heard that the prosecution team was given a night to decide whether to appeal after the defence successfully applied for a 'no bill' on Thursday but opted against the move.
When asked by The Irish News, the Public Prosecution Service refused to explain its decision not to appeal.
The charges against the senior loyalist arose from a killing during a loyalist feud, with evidence of the victim's mother key to the Crown's case.
Judge Burgess said the "central plank of the prosecution case" was a telephone conversation between Shoukri and the woman.
He said he examined Shoukri's remarks in the call and concluded there was "no evidence" to suggest he was a member of or professed to be a member of the outlawed loyalist organisations.
"I have decided that without more, the statement in that telephone conversation would be insufficient to sustain a charge against the defendant," the judge said.
"It is not a deliberate and clear statement – a positive intentional statement – on the part of the defendant professing membership of either or both organisations."
The dropping of the case comes just weeks after questions were raised about how Ihab Shoukri escaped charges of participation in a paramilitary 'show of strength' after police raided a bar in north Belfast.
He was arrested in the police swoop on the Alexandra pub in March but later freed without charge.
Chief Constable, Hugh Orde sought to return the loyalist to jail, insisting he had breached bail conditions banning him from associating with paramilitaries.
But a court refused the police's application to revoke his bail.
The judge said the accused had been downstairs while a UDA meeting was taking place upstairs but there was no evidence he had broken his bail.
Last night loyalist sources expressed surprise that Ihab Shoukri had been cleared.
"There was some amazement expressed. People are saying who is he working for, naturally," a source said.
Both Ihab and his brother Andre, who is in jail facing blackmail and money laundering charges, were recently ordered to "stand down or else" by their former UDA colleagues.
The fall-out to the bitter dispute has yet to manifest itself on the streets but sources say it is only a matter of time.
Fresh tensions emerged on Thursday when supporters of the north Belfast brothers erected UDA and UFF flags in their Westland stronghold.
"They are not in the UDA. They are not recognised," a loyalist source said.
"Next week we are getting the final outcome of what it (the UDA reaction to their defiance) is."
Nationalist politicians last night hit out at the dropping of charges against Ihab Shoukri.
SDLP assembly member Alban Maginness said: "This is a very surprising decision and one that will be a huge matter of public concern.
"It is not unreasonable to assume that there would have been enough evidence readily available to provide the basis for a prosecution.
"It therefore comes as a great surprise that at this late stage the evidence which the prosecution relied upon is deemed to be unsuitable for proceeding.
"This decision will disappoint many and will raise many questions in the minds of the public about the commitment of the authorities to pursue with vigour the defendant in this case.
"There will be alarm in the community that this man has now been released, and given his past record there is every reason for people, to be deeply concerned."
Sinn Féin assembly member Cathy Stanton said many people will be "puzzled at the fact that cases like this involving loyalist figures seem to frequently end up with the prosecution being dropped".
"Time and again leading loyalists who openly flaunt their membership of unionist paramilitary organisations end up having charges dropped," she said.
"Many nationalists are puzzled by this and are quite rightly assuming that this occurs time and again because of the close links between the British state and the unionist paramilitary gangs."
