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| Abu Hamza 'was wrongly convicted' | Abu Hamza 'was wrongly convicted' |
| (40 minutes later) | |
| A radical Islamic cleric should be freed because Victorian laws do not apply to foreigners killing foreigners, the Court of Appeal has heard. | A radical Islamic cleric should be freed because Victorian laws do not apply to foreigners killing foreigners, the Court of Appeal has heard. |
| Lawyers for Abu Hamza are challenging his seven-year sentence for soliciting to murder and race-hate crimes. | Lawyers for Abu Hamza are challenging his seven-year sentence for soliciting to murder and race-hate crimes. |
| In the second day of his appeal, his lawyers argued legislation used to convict him only applies to those who incite British citizens to kill. | In the second day of his appeal, his lawyers argued legislation used to convict him only applies to those who incite British citizens to kill. |
| Lawyers for the Crown say incitement law also applies to foreigners. | |
| The Egyptian-born cleric, who is being held at Belmarsh high security prison, was jailed in February 2006 after being found guilty of 11 out of 15 charges, including crimes under the 1861 Offences Against The Person Act. | |
| ABU HAMZA VERDICTS, FEB 2006 Guilty of 6 charges of soliciting to murderGuilty of 3 charges related to "stirring up racial hatred"Guilty of 1 charge of owning recordings related to "stirring up racial hatred"Guilty of 1 charge of possessing "terrorist encyclopaedia"Not guilty of 3 charges of soliciting to murderNot guilty of 1 charge related to "stirring up racial hatred" Profile: Abu Hamza | |
| Those offences centred on speeches made by Abu Hamza at a number of mosques between 1997 and 2000. Prosecutors argued the cleric acted as a "recruitment sergeant" for terrorist organisations and incited members of the audience to kill Jews and non-Muslims. | |
| But beginning day two of the appeal, lawyers for Abu Hamza argued the 1861 legislation only covered a British citizen being incited to kill someone abroad - and not foreigners encouraged to murder other foreigners overseas. | |
| Prosecutors had failed to prove British citizens were in Hamza's audience and, as a result, he should not have been found guilty, said his defence team. | |
| 'Prejudiced trial' | |
| Earlier in the appeal, Edward Firzgerald QC said his client had been denied a fair trial at the Old Bailey because of a combination of unique circumstances. | |
| It had become "impossible" for Abu Hamza to get a fair hearing because his speeches were being judged amid a media hate campaign, the public actions of ministers, including a decision to strip him of British citizenship, and general tensions following the 9/11 attacks and 2005 London bombings. | |
| Had there been a case against the preacher, argued Mr Fitzgerald, it should have come four years earlier when anti-terrorism officers had seized recordings of the sermons, along with an alleged terrorism training manual. | |
| Despite police scrutiny of this material and further MI5 monitoring, Abu Hamza was not charged and the material was returned, said his lawyer. | |
| The appeal continues. |