Sean O’Neill, Crime & Security Editor
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A woman who wrote jihadi poetry using the pen name “Lyrical Terrorist” has had her terrorism conviction quashed by the Appeal Court.
Three senior judges said the jury at Samina Malik’s trial last year had been confused and her conviction for possessing items of use to terrorists was unsafe.
The Crown Prosecution Service indicated that it would not seek a retrial.
Miss Malik, 24, from Southall, west London, became the first woman convicted under terrorism legislation since 2001 when she was found guilty of possessing jihadi propaganda in December last year.
Her conviction, under section 58 of the Terrorism Act 2000, was widely condemned as a “thought crime” by commentators and Muslim community leaders.
But it became inevitable that she would be cleared of the crime in February when the Appeal Court quashed the convictions of five men under section 58 and effectively rewrote the Terrorism Act.
The court ruled then that propagandist or theological material - no matter how extreme - could not be considered of practical use to terrorists.
Of 21 items found in Miss Malik’s possession, 14 were propaganda items. However, she also possessed documents including The Terrorists Handbook, The Mujahideen Poisons Handbook, and operator manuals for firearms and anti-tank weapons.
Miss Malik, a shop assistant working air-side at Heathrow airport, was arrested by police investigating the associates of Sohail Qureshi who had been detained en route to Islamabad in possession of £9,000 cash and military clothing and equipment.
Detectives discovered that Qureshi, 30, who is now serving four-and-a-half years after pleading guilty to terror charges, had been in e-mail contact with Miss Malik, who had given him details of security arrangements at the airport. The jury in Miss Malik's case was not told of her link with Qureshi.
Miss Malik had also penned gruesome poetry in chatrooms praising the beheading of hostages in Iraq. On the back of a till receipt she scribbled: "The desire within me increases everyday to go for martyrdom."
She was given a nine-month jail sentence suspended for 18 months. But Lord Phillips of Worth Matravers, the Lord Chief Justice, presiding at the Appeal Court, said her conviction was now unsafe.
“The jury was required to consider not only documents which were capable of being of practical utility for a person committing or preparing an act of terrorism, but a large number of documents that were not,” the judge said.
“We consider that there was scope for the jury to have become confused.”
Sue Hemming, of the CPS, said it had been right to bring the original prosecution against Miss Malik.
“Taking into account the time Miss Malik spent on remand before her first trial, and the likely non-custodial sentence she would receive upon conviction in a retrial, we have decided not to seek a retrial on those manuals,” she said.
“Miss Malik was not prosecuted for her poetry. She was prosecuted for possessing documents that could provide practical assistance to terrorists.”
Scotland Yard also insisted it had been right to prosecute Miss Malik: “Samina Malik was arrested in connection with an investigation by Counter Terrorism Command. During a search of her home officers found a number of documents, including terror-training manuals, which constituted criminal offences. When material of this nature is discovered it is the duty of the police to pursue lines of inquiry and gather evidence.”
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She was writing "I want to be a martyr " on the back of envelopes. She was ripe to be the patsy of the malevolent.
Janet, Hazlemere, UK
the "Appeal Court........effectively rewrote the terrorism act"
Who elected these judges? It is a fundamental principle of democracy that the people have the opportunity to hold to account those who legislate. When will we get the opportunity to hold the judiciary to account?
DG, Glasgow,
Laws are all upside down now. Letting in terrorist, then not able to prosecute them, but instead judges are fully able to prosecute hard working people over any case of supposed discrimination or hurt feelings. This is mad, mad, mad. Don't get mad, instead vote for the "other" party.
Chris Ashley, Ely, England
If she has those feelings why is she living in a Christan country when she could live in one of those lovely Muslim countries? - Things are going to get worse in this country while the liberal/left bend over backwards for western hating Muslims!. Make your vote count, vote BNP for real justice!
John, Salford, England
Of course it is right that no one in a democracy should be convicted for writing their feelings down. And let's not forget that these were her deepest and heartfelt feelings.
I pray that she finds this country so distasteful that she decides to go live in her parents country of origin.
kim, London,
Laws are all upside down now. Letting in terrorist, then not able to prosecute them, but instead judges are fully able to prosecute hard working people over any case of supposed discrimination or hurt feelings. This is mad, mad, mad. Don't get mad, instead vote for the "other" party.
Chris Ashley, Ely, England
Why do some people think that a shop assistant would have detailed information about security measures at Heathrow?
She said: "Akhi - Sorry for the late reply. The airport security is still as tight as ever - even more now though." and mentioned restrictions on liquids which is public information!
Karen Eliot, London, UK
These are the cons of freedom of speech. You have to accept the bad with the good. Shouldn't this be instead taken as yet another sign that something somewhere is going wrong? These kids are getting frustrated. The topic chosen by her was just for its shock value. She needs help.
Murtaza, Cardiff, UK
I don't think this is a case of freedom of speech etc..This woman has malevolent intentions, and was an accessory to a terrorist. What are you going to wait for? That she exercises her wish to become a martyr in the London subway? or perhaps Heathrow itself..what is so confusing? Wake up.
Aimee Kligman, New York, USA
Dare we hope that if we give the Police 42 days to examine documents, they will at least be capable of distinguishing poetry from plans?
jon livesey, Sunnyvale, CA
Totally ridiculous! This has nothing to do with freedom of speech. You can be sued for using derogatory names for people of various racces, but cannot be sued and indeed imprisoned for supporting/giving info to terorists . She would be deported if she lived in certain Arab countries (UAE for example
katja Tonja, Paphos, Cyprus
Seems to me that the CPS botched this prosecution - I'm sure that when supplying details of Heathrow to Qureshi she would have known (or at least should have known) that these were to plan the commission of an offence.
Justin , Hong Kong,
"was found guilty of possessing jihadi propaganda in December last year. " I'm sorry I thought last year was 2007, not 1984.
Barrie, Guildford, UK
The article clearly states that she gave "details of security arrangements at the airport" to"Qureshi, 30, who is now serving four-and-a-half years after pleading guilty to terror charges". Surely this is aiding and abetting a terrorist? Let us defend the rights of those who seek to bomb us all !!
Jim, Horsham,
We really do ask for it don't we. We are a laughing stock.
chris, stoke, UK
The jury should have been told about her contact with Qureshi. Hopefully she is not still working at Heathrow or any other airport for that matter AND has not been given any compensation.
Ian Burgess, Bristol,
Does It mean she gets her job back at Heathrow ,and will she be able to claim back pay since being arrested .......and surely false arrest means compensation claims.Does she have any sisters?
Gordon Lonsdale , Northampton, UK
John, where does the article mention 'anti-terrorism measures at Heathrow'? So what? This woman didn't hurt anyone. What happened to free speech? People are getting arrested for T-shirts, poetry and reading documents. This a victory against the increasing powers of the fascist thought police.
Ben, London, United Kingdom
Well given the evidence which was released, am I to believe that a woman has been let of scott-free for dispensing detailed security information about the anti-terrorism measures at Heathrow?
John Swaine, St Julians, Malta