Ahmed & Anor v R [2011] EWCA Crim 184 (25 February 2011)

Ahmed & Anor v R [2011] EWCA Crim 184 (25 February 2011)

The appeal was dismissed because there was no evidence of UK complicity in torture or unlawful rendition, no impact of any alleged torture on the trial, the trial judge applied the correct legal test for abuse of process, properly admitted expert evidence, and correctly directed the jury on all relevant legal issues.

Source-derived case information.

Citation
[2011] EWCA Crim 184
Parties
Appellant: Rangzieb Ahmed; Appellant: Habib Ahmed; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
25 February 2011
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Terrorism, Torture and Complicity, Expert Evidence, Jurisdiction, Exclusion of Evidence
Criminal Law Human Rights Law International Law Abuse of Process Terrorism Torture and Complicity Expert Evidence Jurisdiction +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rangzieb Ahmed

Appellant

Habib Ahmed

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the prosecution should be stayed as an abuse of process due to alleged complicity in torture by UK authorities
  2. 2 Whether the trial judge erred in admitting expert evidence from Professor Clarke
  3. 3 Whether the trial judge misdirected the jury on the meaning of 'belong to' under section 11(1) of the Terrorism Act

Ratio Decidendi

The appeal was dismissed because there was no evidence of UK complicity in torture or unlawful rendition, no impact of any alleged torture on the trial, the trial judge applied the correct legal test for abuse of process, properly admitted expert evidence, and correctly directed the jury on all relevant legal issues.

Court Disposition

appeal dismissed

Orders

  • Prosecution not stayed
  • Convictions upheld