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Monday, May 21, 2007

Al-qa'eda training manual on Google yet man charged with terrorist offences for possession of the manual

It is a fact that a terrorist attack occurred on 7/7. The perpetrators were killed in the suicide bombings.

Another man has been charged, according to the Telegraph, with involvement in the July 7 terror attacks on London, and freed on bail.

Khalid Khaliq is charged with possessing an al-qa'eda training manual.

In particular, possessing "a document or record, namely the al-qa'eda training manual, containing information of a kind likely to be useful to a person committing or preparing an act of terrorism", said a police spokesman.

During research for this story, I Googled "al-qa'eda training manual" and it is freely available on several sites. Given that it is already in the public domain, and maybe read for reasons other than for committing or preparing an act of terrorism, I would argue that if this is all that the prosecution has to offer then the case should be dismissed by the magistrate.

3 comments:

maneatingcheesesandwich said...

"a document or record ... containing information of a kind likely to be useful to a person committing or preparing an act of terrorism" was always going to be a pretty broad brush. I have stacks of such information, not all of it to do with any of my official roles.

However, it's the terrorism equivalent of Going Equipped. Insufficient evidence to charge a substantive or attempt offence leaves you with the option of a preparatory act offence. If the man founding walking down the street with a crowbar in his little bag can show himself to be a professional packing case opener, a collector of manual tools or other such lawful possessor, then fine. If, on the other hand, you have existing information that he and immediate associates may be planning a burglary, then you charge with what you've got.

The nature of the legislation, restricting the details given as to the relevant material, means that some of the possession charges look ridiculous - doesn't make them any less relevant.

If I found a chap in possession of a map showing your house circled in red, a can of petrol and a box of matches, would you rather I wait until he starts splashing the contents through your letterbox before I do anything about him?

(Bad analogy, given that the charge in question puts our man in possession of the equivalent of a map of the UK and a guide to burning down houses, but I'm too tired to think of a better one)

jailhouselawyer said...

MECS: As you say, it is too vague for a proper charge. And, that is what is wrong with knee-jerk anti-terrorism legislation.

I don't agree with it being the equivalent of going equipped. As I point out, its on the internet. Anyone can download it and print it off. Should they then be charged? No.

As you say, the arson threat is a bad analogy. Apart from that, Rocky guards that letter box like mad.

maneatingcheesesandwich said...

Re: Going Equipped - anyone can buy a crowbar...it's the rteason they've got it that leads to the charge.

I'd hazard a guess that the circumstances of the guy's possession of the document concerned include a little background info as well. I've had a copy of the Anarchist's Cookbook on my computer since my first dial-up connection, and I dare say thousands of people have the Al-Qaeda manual on their drives, without any hint of a visit from MI5.

If not, a dose of four star mouthwash for Rocky would be the least of your problems - your Google search will have rattled an electronic bell somewhere in The Land Of The Free, and both M and Knacker of the Yard will be on standby, waiting to see whether you make any coded calls on that new mobile of yours.

If you're ordering a takeaway, call the dishes out by name, as a sequence of numbers will probably be interpreted as mortar co-ordinates. Chicken chow mein, egg fried rice, beef in oyster sauce and sweet and sour king prawn balls could land you at Paddington Green, being questioned about why you're passing the grid ref for Chequers to Agents Of A Foreign Power.