The dysfunctional west

Why can't we get rid of him? Abu Qatada battle ‘utterly ludicrous’

BRITAIN’S bid to kick out hate preacher Abu Qatada was dealt a fresh blow yesterday when three appeal judges ruled he could stay – sparking a wave of anger.

By: Anil Dawar

Published: Thu, March 28, 2013

Abu Qatada can stay after judges ruled in favour

They admitted the Islamist fanatic is “regarded as an exceptionally high-risk terrorist”.

But they said deporting Qatada to Jordan to face terror charges would breach his human rights.

It leaves Home Secretary Theresa May’s efforts to kick out the hate preacher in disarray.

Ukip home affairs spokesman Gerard Batten branded the decision “totally and utterly ludicrous”. He said: “The Human Rights Act has become an umbrella protecting foreign terrorists from facing justice in their own countries – with taxpayers funding their protection and the costs of the case.”

Labour MP Keith Vaz, chairman of the Home Affairs Committee, said he was “very disappointed” Home Office lawyers had again been outwitted – at a cost of more than £1million.

But last night the Home Office insisted: “This is not the end of the road.”

Qatada, 52, once described as “Osama bin Laden’s right-hand man in Europe”, is said to have support among anti-Western extremists. Videos of his hate-filled sermons were found in the flat a 9/11 bomber.

The father-of-five has drawn an estimated £600,000 benefits with his family since he came to the UK in 1993 on a false passport.

Yesterday’s judgment was issued by Lord Dyson, the Master of the Rolls and second most senior judge in England and Wales, along with Lord Justice Richards and Lord Justice Elias. Qatada was awarded legal costs.

Mrs May has until April 17 to lodge an appeal with the Supreme Court. Her legal team argued that a Special Immigration Appeals Commission made an error when it ruled the “truly dangerous individual” should not be deported to Jordan – where he was convicted of terror charges in his absence in 1999. The SIAC judges had ruled evidence gathered through torture might be used against ­Qatada in a retrial in Jordan.

Theresa May's strategy to deport Qatada was ripped apart

The Human Rights Act has become an umbrella protecting foreign terrorists from facing justice in their own countries

Gerard Batten, UKip

Yesterday’s judges unanimously rejected Mrs May’s appeal against that judgment – despite her insisting that Jordan had given assurances.

The judges agreed Qatada “is regarded as a very dangerous person”, and it was “entirely understandable there is a general feeling that his deportation is long overdue”. But they said those were not “relevant considerations” under human rights law.

It means Qatada, currently in London’s Belmarsh high security prison over fears he breached bail conditions, can no longer be detained under immigration law as there is little prospect of him being deported soon. He could soon be back with his wife and children at their state-funded £1,400-a-month house.

Qatada, real name Omar Othman, has never been charged with any crime here. But he is seen as such a threat to national security that he has spent much of the past decade in prison under anti-terrorism laws. He has been fighting deportation since 2005.

It cost £5million a year to keep watch on him while he was on bail. He has racked up a legal aid bill of more than £500,000 and endless court battles have cost taxpayers the same mount.

Shadow home secretary Yvette Cooper yesterday said: “This is an extremely serious and disappointing judgment, which rips apart Theresa May’s strategy for deporting Abu Qatada. People will be extremely frustrated.” Mr Vaz added: “We need to look at legislating to ensure we can remove criminals who pose a risk to security, so this farcical situation cannot happen again.”

A Home Office spokesman said: “The Government remains determined to deport Abu Qatada.”