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Chief Justice's 'fury' at Abu Hamza-style legal delays Chief Justice's 'fury' at Abu Hamza-style legal delays
(35 minutes later)
By Dominic Casciani Home affairs correspondent
The Lord Chief Justice has said legal cases which go on for years - such as that of Abu Hamza al-Masri - are a "source of real fury", to him.The Lord Chief Justice has said legal cases which go on for years - such as that of Abu Hamza al-Masri - are a "source of real fury", to him.
Lord Judge, the most senior judge in England and Wales, told reporters that any case taking eight years was "not fair to anybody - it's not right".Lord Judge, the most senior judge in England and Wales, told reporters that any case taking eight years was "not fair to anybody - it's not right".
He spoke after a High Court judge halted the extradition of Abu Hamza to the US on terror charges. On Wednesday, a High Court judge temporarily halted Abu Hamza's extradition to the US.
The radical cleric will outline an appeal at a hearing next week. Abu Hamza says he wants his British passport back before he leaves the UK.
Lord Judge said he could not comment on any individual case. The preacher and another terrorism suspect will launch their last-ditch appeal against extradition in an urgent hearing next Tuesday.
Speaking at his annual press conference, Lord Judge said he could not comment on any individual case.
But he added: "Any case that takes eight years through a whole series of judicial processes to come to a conclusion - and you've made the point that it hasn't yet come to a conclusion - is a source of real fury to me."But he added: "Any case that takes eight years through a whole series of judicial processes to come to a conclusion - and you've made the point that it hasn't yet come to a conclusion - is a source of real fury to me."
Abu Hamza was arrested on a US extradition warrant in London in May 2004 for allegedly planning to set up a terrorism training camp in Oregon and assisting in taking hostages in Yemen.Abu Hamza was arrested on a US extradition warrant in London in May 2004 for allegedly planning to set up a terrorism training camp in Oregon and assisting in taking hostages in Yemen.
A lengthy legal battle, involving judges from the High Court and the Court of Appeal, home secretaries, the House of Lords and the European Court of Human Rights, has yet to reach its conclusion. A lengthy legal battle, involving judges from the High Court and the Court of Appeal, home secretaries, the House of Lords and the European Court of Human Rights, appeared to reach its conclusion earlier this week when the European Court of Human Rights said it would no longer stand in the way of the extradition of the cleric and four other men.
The men include Babar Ahmad who has been held for eight years without trial, a record for a British citizen.
Lord Judge said: "What you need is a process in which all the points which need to be addressed are addressed once and then there is an appeal process and it comes to an end.Lord Judge said: "What you need is a process in which all the points which need to be addressed are addressed once and then there is an appeal process and it comes to an end.
"Any case that takes eight years - unless there's some extraordinary explanation, like the parties don't want it, they're not in a hurry - is unacceptable. "Any case that takes eight years - unless there's some extraordinary explanation, like the parties don't want it, they're not in a hurry - is unacceptable. People have to live their lives and they have to live their lives knowing where they stand."
"People have to live their lives and they have to live their lives knowing where they stand."
He said that, in cases of alleged terrorism, there was "a great public interest in disposing of them, fairly, justly, but with speed".He said that, in cases of alleged terrorism, there was "a great public interest in disposing of them, fairly, justly, but with speed".
On Monday, the European court ruled that Abu Hamza and four other suspects should stand trial in the US. Passport plea
But the Judicial Office said on Wednesday that Abu Hamza and one of the other suspects, Khaled Al-Fawwaz, were "seeking injunctions preventing their removal from the UK". On Wednesday, a High Court judge ordered that neither Abu Hamza nor another of the men, Khaled al-Fawwaz, could be extradited before an urgent hearing of potentially new material in the cases.
Interim injunctions have been issued preventing their extradition ahead of a two-day hearing which starts on Tuesday. The BBC understands that Abu Hamza's appeal will largely focus on the state of his mental health - but that he is also asking for his confiscated passport to be returned.
The pair will need to prove to a judge that there is "some new and compelling factor" that has not been already considered by previous courts. In the claim submitted to the High Court on Tuesday, Abu Hamza's lawyers state that they want a judicial review of "the decision (by the Home Secretary) to recall the claimant's British passport and to refuse to return it, and the refusal to provide a photocopy for legitimate purposes."
Court documents obtained by the BBC show that one of Abu Hamza's grounds for appeal is that he does not have a passport. The claim says that he needs the document to "satisfy prospective legal representatives in the US of his identity and to satisfy local legislative requirements."
BBC home affairs correspondent Dominic Casciani said Abu Hamza's lawyers would ask for for a "mandatory order" for the return of his confiscated British passport and costs for the legal action. Ministers stripped Abu Hamza of his citizenship in 2003. But the preacher challenged that decision and eventually won, arguing that he had been left stateless because he had long ceased to be Egyptian.
In a claim submitted to the High Court on Tuesday, they stated they wanted a judicial review of the home secretary's "decision to recall the claimant's British passport and to refuse to return it". In a summary of the case, which will be part of next week's High Court challenge, Abu Hamza's lawyer say that her client remains a British citizen. He had been issued a new passport in November 2011 which was held by the governor at Belmarsh Prison. But weeks later the Passport Service asked for it back.
The BBC already understands that Abu Hamza's second ground for challenging his extradition relates to his mental health. Separate legal papers in the case of Khaled al-Fawwaz reveal that he wants judges to stop his extradition because there are internal US government telexes questioning whether he should be on an official list of terrorism suspects. As of this month, he remains on the official US list.
Separate legal papers in the case of Mr al-Fawwaz reveal that he wants judges to stop his extradition because of internal US government telexes questioning whether he should be on an official list of terrorism suspects.