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Terrorism conviction overturned | Terrorism conviction overturned |
(19 minutes later) | |
Appeal Court judges have overturned the conviction of a man branded a "wannabe suicide bomber" by prosecutors. | Appeal Court judges have overturned the conviction of a man branded a "wannabe suicide bomber" by prosecutors. |
Mohammed Atif Siddique, 24, a student from Alva, Clackmannanshire, was convicted of terrorism charges in 2007. | Mohammed Atif Siddique, 24, a student from Alva, Clackmannanshire, was convicted of terrorism charges in 2007. |
But Lord Osborne said some directions given to the jury by the trial judge were a "material misdirection" and amounted to a "miscarriage of justice". | But Lord Osborne said some directions given to the jury by the trial judge were a "material misdirection" and amounted to a "miscarriage of justice". |
Siddique will remain in custody until 9 February, when the Crown will say if it wants to seek a fresh prosecution. | Siddique will remain in custody until 9 February, when the Crown will say if it wants to seek a fresh prosecution. |
The shopkeeper's son was convicted in October 2007 after a four-week trial in Glasgow. | The shopkeeper's son was convicted in October 2007 after a four-week trial in Glasgow. |
He was found guilty of two charges under the Terrorism Act 2000, one under the Terrorism Act 2006 and a breach of the peace. | He was found guilty of two charges under the Terrorism Act 2000, one under the Terrorism Act 2006 and a breach of the peace. |
We note the decision of the appeal court and will be considering the judgement Crown Office | |
The most serious charge related to the possession of articles that gave rise to "reasonable suspicion" they were connected to terrorism. | The most serious charge related to the possession of articles that gave rise to "reasonable suspicion" they were connected to terrorism. |
The jury found Siddique had amassed and distributed terrorist propaganda via websites and provided instructional material about guns and explosives over the internet. | The jury found Siddique had amassed and distributed terrorist propaganda via websites and provided instructional material about guns and explosives over the internet. |
His conviction on that allegation resulted in a six-year prison term. | His conviction on that allegation resulted in a six-year prison term. |
The Crown Office will indicate at the next hearing in February if it wants to seek a fresh prosecution in relation to the terror charge. | |
A spokeswoman said: "We note the decision of the appeal court and will be considering the judgement." | |
Giving the appeal judges' decision, Lord Osborne criticised the way the trial judge explained the main Terrorist Act charge to the jury. | Giving the appeal judges' decision, Lord Osborne criticised the way the trial judge explained the main Terrorist Act charge to the jury. |
The judge, sitting with Lords Reed and Clarke in Edinburgh, said the misdirection amounted to "a miscarriage of justice". | The judge, sitting with Lords Reed and Clarke in Edinburgh, said the misdirection amounted to "a miscarriage of justice". |
'Draconian' law | |
His family has always insisted he was not a terrorist and was made a scapegoat by the legal system. | His family has always insisted he was not a terrorist and was made a scapegoat by the legal system. |
Siddique also protested his innocence throughout, claiming that when he downloaded material from the internet he was motivated only by curiosity. He denied he was planning a terrorist attack. | Siddique also protested his innocence throughout, claiming that when he downloaded material from the internet he was motivated only by curiosity. He denied he was planning a terrorist attack. |
During his appeal hearing last summer, defence lawyers argued that much of the material in his possession was widely available on the internet. | During his appeal hearing last summer, defence lawyers argued that much of the material in his possession was widely available on the internet. |
Defence QC Donald Findlay described the Terrorism Acts as "draconian" and advocate depute Derek Ogg QC, for the Crown, admitted that the legislation was "controversial". | Defence QC Donald Findlay described the Terrorism Acts as "draconian" and advocate depute Derek Ogg QC, for the Crown, admitted that the legislation was "controversial". |
The charges followed Siddique's arrest in April 2006 as he waited to board a plane to Pakistan. | The charges followed Siddique's arrest in April 2006 as he waited to board a plane to Pakistan. |
Siddique's lawyer Aamer Anwar said he would be making no comment until after the conclusion of the proceedings on 9 February. | Siddique's lawyer Aamer Anwar said he would be making no comment until after the conclusion of the proceedings on 9 February. |