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Terror suspect wins freedom bid | Terror suspect wins freedom bid |
(40 minutes later) | |
A Moroccan man accused of being linked to the 11 September US attacks has won his High Court bid for freedom. | A Moroccan man accused of being linked to the 11 September US attacks has won his High Court bid for freedom. |
Lawyers for Farid Hilali, 36, who was first arrested in the UK in 2003, were granted a writ of habeas corpus to obtain his release. | |
He was awaiting extradition to Spain on charges of conspiracy to murder. | He was awaiting extradition to Spain on charges of conspiracy to murder. |
Lady Justice Smith and Mr Justice Irwin ruled that his incarceration under a European arrest warrant was arbitrary and unjustified. | Lady Justice Smith and Mr Justice Irwin ruled that his incarceration under a European arrest warrant was arbitrary and unjustified. |
However, Mr Hilali will not be freed until a decision has been made by law lords about whether or not they will hear the case. | |
The charges were based on accusations that he was party to a conspiracy in Spain linked to and supportive of the 9/11 attacks on the US. | The charges were based on accusations that he was party to a conspiracy in Spain linked to and supportive of the 9/11 attacks on the US. |
If the authorities have any evidence against Mr Hilali, let them charge him Muddassar AraniMr Hilali's solicitor | |
Mr Hilali was originally arrested in September 2003 in Kennington, south London, under the Terrorism Act 2000 and subsequently held on immigration charges. | |
He was being held in Whitemoor prison in Cambridgeshire. | He was being held in Whitemoor prison in Cambridgeshire. |
The judges ruled that his current detention "is unlawful and a writ of habeas corpus must be issued". | |
The Crown Prosecution Service and Spanish authorities were refused leave to appeal, but the CPS is considering petitioning the House of Lords directly. | |
Immigration status | |
The High Court judges also refused to grant him bail in advance of any further court hearing while his immigration status remains unsettled. | |
They said they had reason to fear he might abscond and that he had used false documents in the past. | |
Muddassar Arani, Mr Hilali's solicitor, said: "If the authorities have any evidence against Mr Hilali, let them charge him, and bring him before a British jury, rather than his already excessive imprisonment without trial for many months more." | |
The US criminal justice authorities "have never sought his extradition, and do not believe there is any evidence against him", he added. |