Posted on 07/28/2006 7:20:56 PM PDT by blam
Hamza wins go-ahead to appeal over 'unfair' trial
By Duncan Gardham
(Filed: 29/07/2006)
The radical Islamic cleric Abu Hamza was given leave to appeal yesterday against his conviction for soliciting to murder on the grounds of the bad publicity he had received before and during the trial.
Hamza's lawyers claimed he was unable to get a fair trial because he had become the most notorious person in Britain after the attacks of September 11, 2001 and July 7, 2005.
Abu Hamza: ‘adverse publicity’
Edward Fitzgerald, QC, said putting Hamza on trial six years after the last of the speeches was delivered was comparable to putting Hitler on trial after the end of the Second World War for speeches he made in the 1920s.
Mr Fitzgerald told the Appeal Court that almost every story about terrorism since those events had been accompanied by a picture of Hamza with his hook.
"In many ways he was the most notorious person in Britain," Mr Fitzgerald said. "People would say, 'Abu Hamza, ah, this is Captain Hook'."
It was now impossible to put Hamza on trial in the circumstances that prevailed when he made the speeches between 1997 and 2000.
"The lapse of time has left him exposed to an unfair trial. He couldn't be tried in the atmosphere when he made the speeches. He could only be tried in an atmosphere poisoned by these events," Mr Fitzgerald said, referring to the bombings in New York, Madrid and London.
The court had heard that the decision by the US to seek Hamza's extradition for his alleged involvement in a bungled kidnapping in the Yemen had led to him being labelled a "global terrorist".
Mr Fitzgerald said matters had been made worse when the then home secretary David Blunkett announced with "great fanfare" he wanted to strip Hamza of his citizenship.
"It further meant that he was subjected to a relentless campaign of adverse media publicity condemning him as a preacher of hate and an inciter of violence and to public condemnation by political figures."
Granting leave to appeal, Sir Igor Judge said: "The importance of the pre-trial publicity and that during the trial itself on the fairness of proceedings generally should be considered by the full court."
The three Appeal Court judges also asked the court to consider whether the Offences Against the Person Act 1861, under which Hamza was convicted of incitement to murder, included encouraging citizens of other countries to kill.
Sir Igor said there was a number of grounds for appeal which deserved to be heard, but warned: "I don't want to raise any false optimism by the appellant."
Hamza, 48, was found guilty of six counts of incitement to murder, three counts of stirring up racial hatred and one count of possessing a document for terrorism. He is serving his sentence in the maximum security Belmarsh jail in south London.
Extradition proceedings, which could mean Hamza serving a life sentence in America, have been suspended pending the outcome of the two-day appeal which will be heard in October or November.
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