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Lotfi Raissi had appealed against a High Court ruling which found that the Home Secretary was right not to compensate him as a victim of a miscarriage of justice. The ruling in his favour was the second time this week that the Appeal Court had delivered a blow to Britain’s handling of the War on Terror. On Wednesday, five students had their terrorism convictions quashed. The judgment was fiercely critical of Scotland Yard and the Crown Prosecution Service and ordered the Home Office and Ministry of Justice to reconsider a compensation award.
On Scotland Yard
“ “There is evidence that the actions of the Metropolitan Police resulted in false statements being made to the courts contributing to the decision to refuse [Mr Raissi] bail. We consider that the serious allegation relating to the destruction of flight records covering the period of training with the hijackers (allegedly resulting from carelessness or incompetence by the police) would be capable of amounting to serious default which had a causative effect on the decision to remand [Mr Raissi] in custody.”
On the CPS
“ “It does not appear to us that the CPS can be absolved from all responsibility for this state of affairs. . . There is a considerable body of evidence to suggest that the police and the CPS were responsible for serious defaults.It appears that the [extradition] proceedings were brought for an ulterior motive and that the opposition to bail, based on unsubstantiated assertions, was also an abuse.”
On the Government
“ “[The Home Secretary is required] to consider a case of this kind where the substance of the allegation or charge against the appellant which resulted in his loss of liberty was that he was a terrorist, a charge of which he has been completely exonerated. This appeal will be allowed and the appellant’s application for compensation will be referred back to the Home Secretary for reconsideration in the light of this judgment.” The Government, Scotland Yard and the CPS said they were considering the ruling. An appeal to the House of Lords is possible.
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