David Morton
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Daily Telegraph today:
Could you make this nonsense up?
Hardly
Abu Qatada wins appeal against deportation to Jordan
Terror suspect Abu Qatada has won his battle against deportation to Jordan to face trial.
Abu Qatada will discover if he has lost his latest battle against deportation Photo: AP
By Telegraph reporters
12:46PM GMT 12 Nov 2012
The Special Immigration Appeals Commission (Siac) upheld his appeal after his lawyers claimed he would not get a fair trial.
The radical cleric, once described as Osama bin Laden's right-hand man in Europe, was convicted of terror charges in Jordan his absence in 1999.
Home Secretary Theresa May had been given assurances by Jordan that no evidence gained through torture would be used against him.
A Home Office spokesman said the Government will apply to appeal against the decision.
He said: "The Government strongly disagrees with this ruling. We have obtained assurances not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial.
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"We will therefore seek leave to appeal today's decision."
Mrs May will make a statement to the Commons on the ruling this afternoon, the Speaker's Office said.
Siac found that Qatada's right to a fair trial would be breached because evidence obtained via torture could be used during his re-trial in Jordan.
Qatada had claimed that there was a risk that he himself would be tortured or badly treated in Jordan, however this was rejected.
His legal team also maintained that even if he was acquitted at re-trial, he could be kept in prison under Jordanian law if the authorities decided he was "a danger to the people", therefore breaching his right to liberty.
This was also rejected.
During a seven-day hearing last month, the commission heard evidence from Professor Beverley Milton-Edwards, who has studied Jordan's political situation for 25 years.
She said Qatada remained a "controversial" figure in Jordan and a fair trial was unlikely.
Qatada, who is said to have wide and high-level support among extremists, featured in hate sermons found on videos in the flat of one of the September 11 bombers.
He has challenged and ultimately thwarted every attempt by the Government over the last decade to put him on a plane.
In December 2001 Qatada became one of Britain's most wanted men after going on the run from his home in Acton, west London.
In October 2002 he was arrested by police in a council house in south London and detained in Belmarsh high-security jail.
Mr Justice Mitting refused an application by the Home Office for permission to appeal, but lawyers can apply for permission at the Court of Appeal.
Robin Tam QC, for the Home Office, said: "You have ruled that there is a real risk of the admission of evidence, where there is a real risk that this evidence was obtained by torture.
"That is a possibility of a possibility which falls below the legal test.
"You have made a legal error in setting the threshold too low. We should have the possibility to ask the Court of Appeal to consider that."
Edward Fitzgerald QC, for Qatada, applied for him to be released on bail immediately.
"There is no reasonable prospect of lawful removal within any reasonable time," he said.
"It's just too long. We respectfully submit that there is no justification for continuing to deprive Mr Othman of his liberty.
"Enough is enough, it has gone on for many many years now.
"There is no prospect of deportation taking place within a reasonable time, in fact there is no prospect at present of deportation at all."
He said Qatada and his family would most likely have to move, but said he should still be granted bail to his current address.
Mr Tam opposed the application, saying Qatada posed a risk to national security and a risk of absconding.
"The appellant remains a man that poses an enormous risk to national security," he said.
"The appellant does continue to pose a risk of absconding which Siac should not ignore."
Could you make this nonsense up?
Hardly
Abu Qatada wins appeal against deportation to Jordan
Terror suspect Abu Qatada has won his battle against deportation to Jordan to face trial.
By Telegraph reporters
12:46PM GMT 12 Nov 2012
The Special Immigration Appeals Commission (Siac) upheld his appeal after his lawyers claimed he would not get a fair trial.
The radical cleric, once described as Osama bin Laden's right-hand man in Europe, was convicted of terror charges in Jordan his absence in 1999.
Home Secretary Theresa May had been given assurances by Jordan that no evidence gained through torture would be used against him.
A Home Office spokesman said the Government will apply to appeal against the decision.
He said: "The Government strongly disagrees with this ruling. We have obtained assurances not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial.
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11 Oct 2012
"We will therefore seek leave to appeal today's decision."
Mrs May will make a statement to the Commons on the ruling this afternoon, the Speaker's Office said.
Siac found that Qatada's right to a fair trial would be breached because evidence obtained via torture could be used during his re-trial in Jordan.
Qatada had claimed that there was a risk that he himself would be tortured or badly treated in Jordan, however this was rejected.
His legal team also maintained that even if he was acquitted at re-trial, he could be kept in prison under Jordanian law if the authorities decided he was "a danger to the people", therefore breaching his right to liberty.
This was also rejected.
During a seven-day hearing last month, the commission heard evidence from Professor Beverley Milton-Edwards, who has studied Jordan's political situation for 25 years.
She said Qatada remained a "controversial" figure in Jordan and a fair trial was unlikely.
Qatada, who is said to have wide and high-level support among extremists, featured in hate sermons found on videos in the flat of one of the September 11 bombers.
He has challenged and ultimately thwarted every attempt by the Government over the last decade to put him on a plane.
In December 2001 Qatada became one of Britain's most wanted men after going on the run from his home in Acton, west London.
In October 2002 he was arrested by police in a council house in south London and detained in Belmarsh high-security jail.
Mr Justice Mitting refused an application by the Home Office for permission to appeal, but lawyers can apply for permission at the Court of Appeal.
Robin Tam QC, for the Home Office, said: "You have ruled that there is a real risk of the admission of evidence, where there is a real risk that this evidence was obtained by torture.
"That is a possibility of a possibility which falls below the legal test.
"You have made a legal error in setting the threshold too low. We should have the possibility to ask the Court of Appeal to consider that."
Edward Fitzgerald QC, for Qatada, applied for him to be released on bail immediately.
"There is no reasonable prospect of lawful removal within any reasonable time," he said.
"It's just too long. We respectfully submit that there is no justification for continuing to deprive Mr Othman of his liberty.
"Enough is enough, it has gone on for many many years now.
"There is no prospect of deportation taking place within a reasonable time, in fact there is no prospect at present of deportation at all."
He said Qatada and his family would most likely have to move, but said he should still be granted bail to his current address.
Mr Tam opposed the application, saying Qatada posed a risk to national security and a risk of absconding.
"The appellant remains a man that poses an enormous risk to national security," he said.
"The appellant does continue to pose a risk of absconding which Siac should not ignore."
