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July 29, 2006

UK: Terrorist-Supporting Muslim Cleric To Appeal Conviction

The radical Muslim cleric, Abu Hamza al-Masri (real name Mostafa Kamel Mostafa), managed to avoid being prosecuted for years while he preached hatred against infidels, and compared Britain, the country which had decided to house him, to a "toilet" and also called it a "vampire state".

In his sermons Hamza said: "Killing a Kafir [non-believer] for any reason you can say it is okay - even if there is no reason." He praised Hitler: "Hitler was sent to torture and humiliate Jews." He called Osama bin Laden a "good guy".

Hamza's sermons were listened to by several people who went on to become terrorists - Mohamed Sidique Khan, Shehzad Tanweer, Zacarias Moussaoui, Richard Reid the "shoe-bomber". He was finally charged on 15 counts, and on February 7 this year, Hamza was convicted on 11 of the charges.

He was found guilty on "soliciting to murder" on six out of nine charges. He was also found guilty of "using threatening, abusive or insulting words or behaviour" on three out of four charges, and was additionally found guilty of "possession of threatening, abusive or insulting recordings of sound". This charge related to videotapes in his possession.

He was also found guilty under section 58 of the Terrorism Act of "possession of a document or record containing information of a kind likely to be useful to a person committing or preparing an act of terrorism". This referred to the Encyclopedia of the Afghan Jihad a 10 volume book which had previously been removed by police and then given back to him.

Abu Hamza, born in 1958 in Alexandria in Egypt, was sentenced to seven years' jail. As he had been in custody since May 2004, he could be free in two years. Mr Justice Hughes, the judge who passed sentence upon Hamza, said: "You helped to create an atmosphere in which to kill has become regarded by some as not only a legitimate course of action but also a moral and religious duty in pursuit of perceived injustice."

Prosecutor David Perry said in the two and a half month long trial: "Through his threatening, abusive and insulting words, he preached hatred against Jews as a racial and ethnic group - not limited to Zionist Jews, or Jews in Israel, if that would not be bad enough. He preached hatred unqualified of the Jews."

To hear him insult Jews as the "second enemy", there is an MP3 file available HERE.

But Abu Hamza believes, in typical bully fashion, that he is a victim, and he made a move to appeal against his convictions. Immediately after he was sentenced, Mudrassa Anri, his lawyer said: "Abu Hamza considers himself to be a prisoner of faith. He is subjected to slow martyrdom. We confirm he will appeal against the conviction."

According to the Independent, the Telegraph, the Guardian and the Times, hook-handed Hamza has now been given leave to appeal.

As the Times states: "The appeal decision will delay further attempts to extradite Abu Hamza to the United States to face more serious terrorist charges."

As well as being wanted in the US for attempting to establish a terror training camp at Dog Cry Ranch in Bly, Oregon, Hamza's 19 count extradition order to the US includes charges which could see him jailed for 99 years. The warrant includes an indictment that he supported the Taliban regime in Afghanistan.

The US is also charging him with the kidnapping of tourists in Yemen in 1999. As we reported on June 1, the UK authorities seemed unwilling to charge him for this incident, in which he played an apparently active part:

"In 1998, Hamza was involved with the kidnapping of 16 tourists in Yemen. He bought a satellite phone and gave 500 pounds' worth of airtime to the kidnappers. Though the Government Communications Headquarters (GCHQ) in Cheltenham intercepted and monitored these phone conversations, nothing was done.

Between July 1999 and November 2000 an MI5 informant was placed in the Finsbury Park Mosque, where Hamza preached his radical sermons. This man, Reda Hassaine, stated: "I told them Abu Hamza was brainwashing people and sending them to terrorist training camps in Afghanistan, that he was preaching jihad and murder and that he was involved in the provision of false passports. I told them he was a chief terrorist. They told me not to bother, that they weren't interested."

In 2003 during a raid on the Finsbury Park Mosque, three starting pistols, which could easily be reassigned to firing live rounds, a stun gun, knives, CS gas and chemical and nuclear warfare protective suits were found by police. Also, hidden behind ceiling tiles, dozens of forged documents were discovered, including driving licences, passports (pictured above).

The charges for which Hamza was convicted were specific, relating to sermons made at particular times. It is unfortunate that evidence which was later revealed cannot be produced in court. The discovery of the weapons and fake passports in Finsbury Park Mosque, for example, was kept hidden from the public until after his trial was completed. And his appeal will not be held with a jury. Some of Britain's judges are laws unto themselves, and appear to value the "rights" of terrorist over the the "rights" of those they harm or threaten.

A possible sign of how this case is going to proceed can be found in the words of Edward Fitzgerald QC. This man, who argued against the deportation of Abu Qatada, spoke for the defense in Hamza's trial.

He has now told the Court of Appeal that Hamza had no chance of a fair trial. He had been vilified in the media, and therefore was made guilty in the eyes of the jury. He also said that it was not right to prosecute Hamza for statements he made before 9/11.

Lord Justice Judge, President of the Queen's Bench division, threw out most of the 12 grounds for appeal, but conceded that media coverage had been damaging. He said: "There are a number of grounds drawn to our attention which are arguable and which should go to a full hearing."

Judge Judge also agreed that an appeal should also consider whether it was an offence under British law to incite non-citizens to murder persons abroad.

The appeal is likely to be heard in October. And when Hamza is finally released from jail, one can also expect a further round of old fart judges pontificating about the whys and why nots of extraditing Hamza, further delaying the terror-supporting cleric from facing real justice in America.

Sometimes I despair of being a British citizen.

Posted by Giraldus Cambrensis at July 29, 2006 4:13 PM

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