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Abu Hamza 'was wrongly convicted' | Abu Hamza 'was wrongly convicted' |
(4 days 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. |
Abu Hamza al-Masri is challenging his convictions for soliciting to murder and race-hate crimes. He was jailed for seven years in February. | Abu Hamza al-Masri is challenging his convictions for soliciting to murder and race-hate crimes. He was jailed for seven years in February. |
His lawyers argued legislation used to convict him only applies to those who incite British citizens to kill. | 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. | 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 after being found guilty of 11 of 15 charges, including crimes under the 1861 Offences Against The Person Act. | The Egyptian-born cleric, who is being held at Belmarsh high-security prison, was jailed after being found guilty of 11 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. | Those offences centred on speeches made by Abu Hamza at a number of mosques between 1997 and 2000. |
Prosecutors argued that the cleric acted as a "recruitment sergeant" for terrorist organisations and incited members of the audience to kill Jews and non-Muslims. | Prosecutors argued that the cleric acted as a "recruitment sergeant" for terrorist organisations and incited members of the audience to kill Jews and non-Muslims. |
But, at the start of the second day of the appeal, lawyers for Abu Hamza argued that the 1861 legislation only covered a British citizen being incited to kill someone abroad - and not foreigners encouraged to murder other foreigners overseas. | But, at the start of the second day of the appeal, lawyers for Abu Hamza argued that 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. | 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' | '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. | 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. | 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 seized recordings of the sermons, along with an alleged terrorism training manual. | Had there been a case against the preacher, argued Mr Fitzgerald, it should have come four years earlier when anti-terrorism officers 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. | 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. | The appeal continues. |