Sean O’Neill, Security Editor
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A suspected terrorist who scored a legal victory against the Government this week is a senior al-Qaeda operative living openly in London, security agencies say.
The man, who can be identified only as G, is one of five people who challenged the Treasury’s powers to freeze terrorist suspects’ bank accounts in a successful High Court action.
Yesterday security sources described him as “a key player” who acts as a conduit between British-based extremists and the al-Qaeda leadership hiding out in Pakistan and Afghanistan.
Under the Government’s al-Qaeda Order, G was one of 58 people forced to apply to the Treasury for a licence to obtain £10 a week for basic expenses. His grocery receipts had to be sent to the Treasury for scrutiny and he was required to seek permission if he wanted to borrow a car, obtain an Oyster card or buy shoes.
The Times has seen files alleging that the man is involved in recruiting and radicalising young Muslims in Britain and organising travel to Pakistan and Iraq for would-be jihadis.
One document states that he “maintains contact with a significant number of terrorists, including senior al-Qaeda officials in Pakistan”. G, who lives in East London, is understood to be the subject of round-the-clock surveillance by the police and MI5.
He strongly denies any involvement in terrorism and maintains that he is a Muslim missionary on behalf of an apolitical, nonviolent religious group.
A judge ruled on Thursday that financial sanctions imposed on him by the Treasury, which led to his bank account being frozen and his benefit payments stopped, were unfair and unlawful. Mr Justice Collins said that the Government had acted illegally by devising financial sanctions without consulting Parliament.
The judge banned publication of G’s name but The Times is aware of his identity, which is published on a United Nations Security Council list of terrorist suspects linked to al-Qaeda and the Taleban. He also appears on lists maintained by Interpol and the European Union.
One security document outlining the allegations against him states: “[G] has organised travel to Pakistan for individuals seeking to meet with senior al-Qaeda individuals and to undertake jihad training. Several of these individuals have returned to the UK to engage in covert activity on behalf of al-Qaeda. Additionally [G] has provided support and facilitated the travel of UK-based individuals to Iraq to support the insurgents’ fight against coalition forces.”
It is claimed that G stayed at the home of an al-Qaeda leader in Pakistan in 2002 and that he has had military training, including instruction in using an AK47 rifle, at a camp run by a Kashimiri Mujahidin group.
The Government has designated 59 people as terrorist suspects and frozen bank accounts connected to them holding a total of £656,000.
G was placed on the UN list at the request of the Government after the authorities failed to find evidence to prosecute him in the criminal courts. He was arrested and charged with terrorist offences in 2003 but the case against him was unsuccessful.
Frustrated by their inability to prosecute him for criminal offences, the authorities used powers requiring a much lower standard of proof. The Government’s al-Qaeda Order needs nothing more than “reasonable grounds to suspect” that G had terrorist involvement. Once designated a terrorist, the financial restrictions came into force.
Files on G that have been seen by The Times contain allegations that he travelled to Pakistan in 2002 to undergo military training at a camp run by the Kashmiri militant group Harakat ul-Mujahidin (HuM).
One document states: “It is believed that G undertook jihadi training at a HuM training camp in Kashmir where he learnt to use AK47 assault rifles as well as pistols and that he intended to fight in Kashmir but was prevented from doing so by HuM as they needed him to return to the UK to raise funds.”
It adds: “He has been in regular contact with Pakistan-based senior al-Qaeda individuals . . . He is in regular contact with numerous UK-based Islamist extremists and has been involved in the radicalising of UK-based individuals through the distribution of extremist media.”
While in Pakistan, G is said to have met Haroon Rashid Aswat, another Briton who is suspected of involvement in terrorism, and who was arrested in southern Africa in 2005. Mr Aswat is in custody fighting extradition to the US on terrorist charges.
Under the terms of the financial sanctions, G is not allowed to see the evidence collected against him nor to know how it was obtained. It is understood that the material incriminating him was gathered by intelligence agencies and includes telephone intercepts, which cannot be used as evidence in British courts. Some claims in the documents are thought to be based on reports of interrogation of al-Qaeda suspects. If those interrogations involved torture, that material would also be deemed inadmissible in a British court.
Lawyers for G argued successfully that it was a breach of his fundamental rights that the allegations made against him could not be challenged in the courts. The judge agreed. In his ruling, he said: “This cannot be in the interests of justice or indeed of ensuring that the right people are made subject to these orders.”
Government ministers expressed disappointment with the ruling and said that they would take the case to the Court of Appeal. The asset-freezing order remains in place pending that appeal.
The UN’s list of 230 extremists
— The UN Security Council's list of suspected terrorists was compiled in 1999, as part of Resolution 1267
— It contains the names of 230 individuals believed to be key members or associates of al-Qaeda, as well as 112 organisations that are part of al-Qaeda's global terrorist network. Also listed are 142 Taleban members or associates
— Named individuals include Hassan Abdullah al-Turki, the Ethiopian militant thought to have been responsible for the lethal bombings of US embassies in Nairobi and Dar es Salaam in August 1998. Abu Bakar Bashir, the Indonesian preacher thought to be the spiritual leader of Jemaah Islamiah, the organisation suspected of planting bombs that killed 202 people in Bali in 2002, is also listed
— The list records 12 aliases and six possible dates of birth for Osama bin Laden
— It also contains nine individuals living in the UK. Three people held in British prisons are also included
Source: UN Security Council
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If "G" really is a terrorist then bring the evidence to court, if you dont have the evidence then leave him alone! It's that simple
justin, london,
Thanks heavens the judiciary have not lost their minds; it seems the executive has. It is ridiculous that the Treasury should be able to bypass Parliament with these totalitarian Orders in Council. If G is really a terrorist, then put the evidence in front of a court. Democracy mandates it.
Marco, London, United Kingdom
Two points really. There are a growing number of cases where the judiciary are seen to be clearly out of touch with the need for national security and the human rights of those who are terrorised and victimised. Those who draft existing legislation must ensure accuracy and infallibilty.
Trevor Dee, Torbay, UK
How is it that the security sources can describe G as a key player and not prove it?
Surely it should read he is suspected of being a key player?
How comfortable are people with the concept of imprisoning others for what they are suspected of doing?
AndyN, Reading,
I despair. If we cannot take the gloves off and sort this problem out then I suggest we give them a free holiday to France, Germany or Spain and tip the the authorities off beforehand.
Graham, Ewell Village, Surrey
You give them a haven; educate them and. in a lot of cases, give them money so that they don't have to work. Then they spit on your humanity, train others likewise, and try to kill you.
Are we daft or what?
leila , manchester, uk
Er excuse me, one of the rights that we uphold as making us 'better' than Islamic fundamentalists is the right to a fair trial. If he's THAT guilty, put him in the dock. If he's found guilty, deport him or lock him up.
There's no shortage of legislation for him to have infringed.
Kieron, London,
As Mandy Rice-Davis said; "They would say that, wouldn't they"
Bill Peter, Kuala Lumpur, Malaysia
Shouldn't we all be thankful for the US of A? And shouldn't we all despise public school and Oxbridge educated lawyers?
Eddie Reader, birmingham, england
I understand Paul from Bristol's stance and the independence of the judiciary in this country is vital to our democratic values. However it seems that this man was internationally accepted as a terrorist and some unity against terrorism and radical factions of religion is needed in this country
Rob, Madrid,
If he is that dangerous, they should find the evidence and charge him.
Greg Berman, London, England
Why do people only see one side of the problem? We won't solve this until we see both! The judge HAS to uphold the law. The law rightly protects the rights of the individual against the State. The Government bypassed the law, needs reining in. But we also need this guy put away. Resolution?
AndyG, London, UK
I'm not a pom, but an Australian , so my opinion on how you run your country is immaterial.
However it sounds to me as if you are a country in crisis, with a parliament whcih passes laws with no force and a judiciary which interprets those laws to the detriment of the majority of the population.
JH
Jack Hackett, Brisbane, Australia
Paul ,Bristol. Whether through arrogance or ignorance you are missing the point. Do you really believe that the judges, who delight in the power to thwart an elected governments wishes, would wield their power in the same way if an extreme, left or right, government took control of this country?
Terry, Radstock, England
What a wonderful country we live in today...............NOT !!
Mike Jones, Farnborough, Hampshire
Contempt of Court is a criminal offence, is there not a similar offence for Contempt of Parliament.
Is there any other country in the world where the national justice system is held in contempt by its own people.
Jim, Bicknoller,
I am not sure how the legal representitives of these individuals sleep at night, how can they justify working on behalf of people who are involved in such things? They should be disgraced with themselves and for me they are no better than those in the dock!
When will we allow phone taps as evidence?
Adam, Oxford, UK
without the work carried out by the security services we would be in a much worse situation than we are now; look at how many suspects are in court or have been jailed. It may not be " british" but is surely necessary, even if without the full story,we cannot judge the work of the security experts.
jp, york, north yorkshire
i hope his released funds are now used to pay his legal bill .
some how i don,t think so.
neil,newcastle
d campbell, newcastl,
Many of these comments seem to be missing the point, which is that the government acting illegally by bypassing Parliament. Without these judges, we would already have 90 days' detention without trial. Then it would be 180. Then no more elections. Our own Mugabe, and all in the national interest.
Paul, Bristol,
Clearly the honorable judge ought to be placed immediately in an institution for the criminally insane.
MJ Hoeber, Miami, USA
If these people have such large amounts of cash in their bank accounts why are they receiving benefits?
clarebear, worcester, worcestershire
Presumably there is evidence to substantiate the claims above, if so why isn't he being locked up with the key thrown away?
Farrukh, Woking, UK
I would laugh but I'm too busy crying.
Roger, Surrey,
Well done the newspapers for printing this, at least someone is concerned.
John Green, worthing,
If the security services have evidence that this man is a terrorist, they should present it in court and convict him. If they don't have the evidence - or choose not to present it - they should shut up. They have been caught out in disinformation exercises too many times to be taken at face value.
John, London,
It is all anti Islamic propeganda.If Al qaida is so power full to cut the nose of USA proudness can not arrange to fund the agents if it wants.If they are Alqaida rep they must be having bank bal of millions,they can keep funds which will be untraceable for sure
wazdan, hirat, Afghanistan
Why don't the security people shoot this terrorist off hand or as soon as they catch him pursuing his deadly game? As for the judge are we sure he is not "one of them?"
Bill Smith, Australia, Brisbane
I can't believe this is happening in Britain.
Why are known terrorists allowed to live in
the UK? I was born in a British colony,I have 3 grandparents
born in Britain. My parents were born in South Africa.But because I am now an older person, I am denied that right.
Nigel
Nigel Thompson, Phuket, Thailand
LT - the short answer is 'No' - you should not trust their judgement. There are so many cases where their judgement was wrong - Matrix Churchill, Birmingham Six etc etc. They must prove their case or have it thrown out. It's a nonsence that the accused cannot be told of the evidence against them.
David Akehurst, Brighton,
With experience in legislating for Prevention of Terrorism gained from the N.I problem,it should not be too difficult to draft law that provides for the sworn evidence of senior MI5 alleging involvement, coupled with the onus moved to the accused to justify their activities/funds, to achieve justice
phil glover, Grantown on Spey, Scotland
I know there are some High Court judges who have to be told what year it is, let alone the date, day and time of day!! I did once hear of a judge who had to ask a clerk in court ''who are the Beatles''. It just makes one think, that is all I will say.
Pass the Port please!!
R. P. Dixon., London,
Seeing the amount of evidence gathered, at considerable costs by various Government Agencies, cannot the Judge(s) trust their judgement? To me it seems the Judiciary is only hellbent on proving the Police wrong at the expense of justice If the arrests are wrong - you know they'll be sued to the hilt
LT, Warminster, UK
It just shows exactly who runs this country. We have an individual who is accepted by every security force as being involved in Terrorist activites. But what about his human rights to encourage others to kill themselves blowing up UK soldiers?
Thank god we have lawyers protecting the people.
Dave, Reading, UK
A world class Judicial system to be proud of. It jails pensioners who cant pay their council tax and free's those who might a terroirst risk, even if only suspected of such activity by MI5 and Interpol. How safe our Judges make us feel, let them explain it to the mothers of our dead soldiers!
James, Southampton,