Ahmed & Anor v R

Ahmed & Anor v R

The appeal fails because alleged torture did not impact the trial, there was no unlawful rendition or UK complicity, Professor Clarke's evidence was properly admitted, jury directions on membership and territoriality were appropriate, and cross-admissibility issues did not affect the safety of the convictions.

Parties
Appellant: Rangzieb Ahmed; Appellant: Habib Ahmed; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
25 February 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal against conviction dismissed; sentence varied in one respect for Habib Ahmed.
Legal Topics
Terrorism, Abuse of Process, Evidence Admissibility, International Law, Membership of Proscribed Organisations, Complicity in Torture
Criminal Law Human Rights Terrorism Abuse of Process Evidence Admissibility International Law Membership of Proscribed Organisations Complicity in Torture

Case Brief

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Parties

Rangzieb Ahmed

Appellant

Habib Ahmed

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution should be stayed for abuse of process due to alleged torture and complicity by UK authorities
  2. 2 Admissibility of expert evidence from Professor Clarke
  3. 3 Proper direction on 'membership' under section 11 of the Terrorism Act 2000

Ratio Decidendi

The appeal fails because alleged torture did not impact the trial, there was no unlawful rendition or UK complicity, Professor Clarke's evidence was properly admitted, jury directions on membership and territoriality were appropriate, and cross-admissibility issues did not affect the safety of the convictions.

Court Disposition

Appeal against conviction dismissed; sentence varied in one respect for Habib Ahmed.

Orders

  • All grounds of appeal against conviction fail; convictions are safe.
  • Sentence for Habib Ahmed varied to deduct 28 days from count 10; appeal allowed to that extent only.