Published: Wednesday, 2nd July, 2008 12:00
Terror trial lawyer is cleared of contempt
By Court Reporter
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Lawyer Aamer Anwar was cleared of contempt of court.
THE lawyer of an Alva student convicted of terror offences has been cleared of contempt of court – but judges delivered a stinging rebuke to Aamer Anwar at the High Court in Edinburgh on Tuesday.
Anwar had faced the possibility of a jail term after a landmark inquiry into comments he made at the end of Scotland's first Islamic terror trial.
But he was told that although the comments were "angry and petulant" they did not affront the dignity of the court or the supremacy of the law.
The decision was greeted with applause by supporters in the public benches at the High Court. Many of them had earlier picketed the building with political banners and placards demanding freedom of speech.
Judge Lord Osborne, while noting that the European Convention on Human Rights guarantees freedom of speech, condemned Anwar's outburst as "not founded on fact" and "misleading."
And, reading a summary of conclusions reached by himself, sitting with Lords Kingarth and Wheatley after a legal debate in April, Lord Osborne said Anwar's conduct had been below the standard expected of lawyers in Scotland.
The judge left open the possibility that the Law Society of Scotland – the professional body for solicitors – might take action against Anwar.
Human rights lawyer Anwar helped defend Mohammed Siddique (21), who was jailed for eight years following a trial last September.
After Siddique was found guilty of terrorist offences, Anwar read a statement on the steps of the court condemning the verdict as "a tragedy for justice and free speech".
In a later TV interview he repeated his criticisms and described some of the evidence against Siddique as "farcical."
The lawyer also claimed that Siddique had done nothing more than look at internet websites – a claim which Lord Osborne said was "a wholly inaccurate statement of the nature of the convictions."
The judge continued, "However, seriously inaccurate though it was, in our view, it is not a statement which could be regarded as challenging the authority of the court, or the supremacy of the law itself, and thus be a contempt of court."
Other statements made by Anwar were "misleading", said Lord Osborne.
"While the statements which we have examined embody angry and petulant criticism of the trial process and a range of political comments concerning the position of Muslims in our society, we are unable to conclude that anything said by Anwar amounted to conduct that denoted wilful defiance of or disrespect towards the court or that wilfully challenged or affronted the authority of the court or the supremacy of the court itself."
Lord Osborne said any further action by the Law Society of Scotland was a matter for them. He went on to say that if solicitors thought it right to make statements on behalf of their clients they had a duty to ensure they were accurate.
"Regrettably we do not think those standards were met in this case."
Outside court, Anwar said, "As a defence lawyer I never set out to win a popularity contest but I was taught it was a lawyer's duty to fearlessly represent his client no matter what crime he is accused of or how demonised he is by society."
He said an independent defence was essential for freedom and justice.
"I welcome today's finding of no contempt and hope I am allowed to get on with doing my job."
After Siddique was jailed, trial judge Lord Carloway demanded that Anwar should appear before him because of his statements to the media. Later Lord Carloway asked for a further "quasi-criminal" investigation into the issue of contempt of court.
At the hearing in April, defence QC Paul McBride said that Lord Carloway had over-reacted and had also got it wrong.
Anwar could have been the first lawyer to be held in contempt for remarks made after a jury has delivered their verdict.
Siddique – the first to be charged in Scotland under the 2000 Terrorism Act – was found guilty of having computer files and material down-loaded from the internet about bomb-making, the use of weapons and islamist propaganda.
During his trial last September it was claimed he wanted to be a suicide bomber. Siddique denied this and claimed he was motivated only by curiosity to "look for answers on the internet".
Siddique is appealing against his conviction. In May this year, he lost a bid to be released on bail pending the outcome of the appeal.
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