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The terror suspects were trying to abuse the process of law argues government lawyer (3 October 2012)

Date: 03/10/2012
Duncan Lewis, Legal News Solicitors, The terror suspects were trying to abuse the process of law argues government lawyer

In the case of Abu Hamza’ and four other suspected terrorist’s extradition the high court has been told that the legal argument by the defendants was coming too late and was an abuse of the process of law to delay the inevitable on medical grounds.

James Eady QC, for the government opposing the application of the terror suspects had said that after eight years of appeals through British and European courts there needed to be finality in litigation.

He added that those who litigate before the courts cannot store up points so as to achieve a delay that is to their advantaged. And in the context of extradition proceedings where public interest was strong justice delayed was justice denied.

Whatever points were suppose to have been made before the courts should be now and as soon as possible and the courts cannot be expected to continue a fresh cycle of proceedings if they have not done so.
It's an abuse to store up a point. The consequence of a store-up approach is to create unnecessary delay running contrary to the public interest.
Lawyers for terrorist suspects facing imminent extradition to the US, including Abu Hamza, are due in court to make last-ditch appeals against their removal.
The cleric, who was jailed for seven years for soliciting to murder and inciting racial hatred, has been fighting extradition since 2004.
His lawyers were applying for an injunction delaying his deportation on the grounds of the 53-year-old's medical condition.
They were seeking permission for him to be given an MRI scan. His medical condition, it is argued, has deteriorated partially because of sleep deprivation and continued confinement.
Babar Ahmad, a computer expert, has been held in a UK prison without trial for eight years after being accused of raising funds for terrorism through a website. Khaled al-Fawwaz and Adel Abdul Bary are accused of being aides to Osama bin Laden. The claims were being heard before Sir John Thomas, president of the Queen's Bench division, and Mr Justice Ouseley.
The European court of human rights in Strasbourg had last week, rejected further appeals to its upper chamber, stating that their human rights would not be violated by the prospect of solitary confinement they faced in the US.
The decision was seen as clearing the way for their deportation. The Home Office believes the decision should have exhausted legal avenues and is preparing to send them to the US as soon as possible.
Supporters of Ahmad and Ahsan called for them to be prosecuted in this country for their alleged connection to an extremist website but the director of public prosecutions had rejected the request
He said the underlying evidence in support of these alleged offences was in the possession of the USA.

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