Crying over spilt liquid part 3.
The Crown Prosecution Service is rather unsurprisingly seeking the retrial of all 7 men in the "liquid bombs" case, on all the charges which the jury couldn't reach a verdict on. While this was always likely, the question has to be asked: what makes the CPS so certain that a second jury won't come to the same verdict if there is no new evidence presented to prove that the plot was to explode liquid bombs on aircraft? As noted ad nauseam already, the actual amount of evidence pointing towards the targeting of transatlantic flights is relatively slight. Originally this was brushed off as being down to how the police and security services had to act quickly due to the arrest of Rashid Rauf, but today a "security source" said this to the Grauniad:
This is surely either bluster or an attempt to heal the wounds with the Americans, notoriously prickly about their own counter-terror and intelligence efforts. If this plot genuinely was going to target aircraft, surely if the plotters had purchased tickets or had all received their passports that would have made a huge difference to the prosecution case. As it is, one jury has already failed to be convinced by the evidence which this source thinks couldn't have been surpassed.
To go onto more speculative territory, you have to wonder whether this case might help persuade the security services that it's time that intercept evidence was made admissible in court. Considering the breadth of the operation which was undertaken to monitor the suspects, and as yesterday's Panorama showed, this more or less entailed following the main players wherever they went, it would be difficult to believe if they hadn't been bugging their phones or otherwise. While it might not provide the ocular proof if they were as guarded as they may have been, the continuing refusal to admit such evidence becomes more and more untenable as time goes by.
Then, finally, there is Rashid Rauf himself. Does anyone honestly believe the story that he happened to escape whilst being allowed to pray in a roadside mosque, or even that the policemen were bribed into letting him go? His lawyer has suggested that he believes he might have been taken into the black hole which is the ISI's detention, but is it so outlandish to imagine that he might have instead been transferred into US custody and is now languishing in one of their remaining black sites? A few years back that could of easily been dismissed as a fanciful conspiracy theory, but can we completely rule it out now? The lack of condemnation from our side, despite our apparent willingness to arrest two separtists which the Pakistan government requested in return for Rauf might speak volumes. Then again, perhaps Occam's Razor should be applied until there is any compelling evidence to prove otherwise.
We should of course wait and see what this second jury decides. If they do reach the same lack of a verdict which the first did, it will then be highly significant what decision is then taken as to what should be done with them. More compelling evidence could potentially still be revealed. It's hard not to imagine however that if a second jury "fails" in the same way which the first did, that it may well mean the introduction of the very measures which Peter Clarke so boastfully but also sinisterly mentioned we had not yet resorted to yesterday.
"Even if [the surveillance operation] had gone on for a few more days we would not have found anything better as evidence than what was found in the first 24 hours," the source said.
This is surely either bluster or an attempt to heal the wounds with the Americans, notoriously prickly about their own counter-terror and intelligence efforts. If this plot genuinely was going to target aircraft, surely if the plotters had purchased tickets or had all received their passports that would have made a huge difference to the prosecution case. As it is, one jury has already failed to be convinced by the evidence which this source thinks couldn't have been surpassed.
To go onto more speculative territory, you have to wonder whether this case might help persuade the security services that it's time that intercept evidence was made admissible in court. Considering the breadth of the operation which was undertaken to monitor the suspects, and as yesterday's Panorama showed, this more or less entailed following the main players wherever they went, it would be difficult to believe if they hadn't been bugging their phones or otherwise. While it might not provide the ocular proof if they were as guarded as they may have been, the continuing refusal to admit such evidence becomes more and more untenable as time goes by.
Then, finally, there is Rashid Rauf himself. Does anyone honestly believe the story that he happened to escape whilst being allowed to pray in a roadside mosque, or even that the policemen were bribed into letting him go? His lawyer has suggested that he believes he might have been taken into the black hole which is the ISI's detention, but is it so outlandish to imagine that he might have instead been transferred into US custody and is now languishing in one of their remaining black sites? A few years back that could of easily been dismissed as a fanciful conspiracy theory, but can we completely rule it out now? The lack of condemnation from our side, despite our apparent willingness to arrest two separtists which the Pakistan government requested in return for Rauf might speak volumes. Then again, perhaps Occam's Razor should be applied until there is any compelling evidence to prove otherwise.
We should of course wait and see what this second jury decides. If they do reach the same lack of a verdict which the first did, it will then be highly significant what decision is then taken as to what should be done with them. More compelling evidence could potentially still be revealed. It's hard not to imagine however that if a second jury "fails" in the same way which the first did, that it may well mean the introduction of the very measures which Peter Clarke so boastfully but also sinisterly mentioned we had not yet resorted to yesterday.
Labels: Crown Prosecution Service, jihadists, liquid bombs plot, Peter Clarke, Rashid Rauf, security services, terror, terror suspects
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IN Scotland at the moment the Scottish Law Commission has been asked by the SNP government to examine the double jeopardy rule (with a view to its removal - although it will be interesting to see how the Commission deal with it, given that the last criminal law reference on Crown appeals where cases have been dismissed as having no case to answer, has actually seen the SLC recommend enhanced powers of challenge for the defence).
We know that in England they've already done away with this to some extent so you can be tried again if found not guilty in certain case - but to try somebody again, for something where the facts have already seen them convicted of an offence, to try to get a conviction on a more serious offence stretches credulity and faith in the system. I wouldn't be surprised if a trial judge throws this out. But then again, that may be the tactic - then the "unelected judiciary" (TM) can be blamed for "Ignoring the rights of (prospective) vicitms" (TM) rather than acknowledging the weaknesses you so cogently pointed out in the Crown case.
Posted by
Scott @ loveandgarbage |
Thursday, September 11, 2008 11:12:00 AM