A former comrade of Finbar Cafferkey, the Irish man killed fighting in Ukraine, has been told by UK police he will not face terrorism charges following his arrest last month.
Philip O’Keeffe, an Irish and US citizen, was arrested by UK counterterrorism police on April 22nd as he attempted to travel to Ireland to deliver the news of the Mayo man’s death to the Cafferkey family.
Mr Cafferkey, from Achill Island, was killed by a mortar strike in Bakhmut in eastern Ukraine along with two other international volunteers as they fought to keep a vital supply route open to the city.
Mr O’Keeffe previously fought with Mr Cafferkey against the Islamic State in Syria while they were both members of the Kurdish YPG. He was in Brussels when he heard Mr Cafferkey was believed to have been killed and it was decided among their friends that he should travel to Ireland to inform the family before they learned about it on the news or social media.
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Mr O’Keeffe travelled to London intending to get a connecting flight to Dublin. However, he was detained by the Metropolitan Police in Heathrow under contentious antiterrorism legislation.
Mr O’Keeffe was detained for about six hours under section 7 of the Terrorism Act 2000, a wide-ranging piece of legislation that allows police to question travellers without cause to determine if they may be a terrorist.
Under the Act, detainees have no right to silence and are obliged to answer questions. They are also obliged to hand over any passwords for their electronic devices.
Mr O’Keeffe refused to hand over the passwords to his devices, leading police to accuse him of obstructing justice and to extend his detention overnight. He was later released on bail pending a decision on whether he should face criminal charges under section 7 of the Act.
On Thursday, Mr O’Keeffe’s solicitor Alastair Lyon was informed that police will not be filing charges. However, the police have refused to return Mr O’Keeffe’s phone and laptop, something Mr Lyon intends to pursue.
“They’re not accepting that they’re not entitled to seize phones and laptops,” Mr Lyon said. “It drives a coach and horses through centuries of protection of people’s private lives.”
The Met Police has been asked for comment.
Mr O’Keeffe has been in touch with both the Irish and US embassies seeking assistance.
Section 7 has been the subject of repeated criticism, particularly for its use against left-wing activists.
Last month, the Metropolitan Police used the law to stop a French publisher, Ernest Moret, as he arrived in London before detaining him when he refused to hand over his passwords. Mr Moret’s employers said he was stopped because he was allegedly involved in the French pension age protests.
Meanwhile, the Cafferkey family is still working to recover Finbar’s remains. Efforts are being hampered by continued fighting around the city.
