'Lyrical terrorist' wins appeal

The woman who called herself the "lyrical terrorist" won her appeal today against conviction for collecting information of a kind likely to be useful to a person committing or preparing an act of terrorism.

Former Heathrow shop assistant Samina Malik, 24, who was given a nine-month jail sentence suspended for 18 months at the Old Bailey last December, was the first women convicted under Section 58 of the Terrorism Act 2000.

Today, the Lord Chief Justice, Lord Phillips, sitting in the Court of Appeal with Mr Justice Goldring and Mr Justice Plender, quashed the conviction after the Crown conceded that it was unsafe.

He said: "We consider that there is a very real danger that the jury became confused and that the prosecution have rightly conceded that this conviction is unsafe."

Afterwards, the Crown Prosecution Service said it has decided not to seek a retrial in the case.

Malik, who was not in court, adopted her nickname because of the extremist lyrics which she wrote on till receipts at work.

Sue Hemming, head of the CPS's counter terrorism division, said: "Since Ms Malik's conviction, the law has been clarified by the Court of Appeal.

"The result is that some of the 21 documents we relied on in Ms Malik's trial would no longer be held capable of giving practical assistance to terrorists.

"However, other documents in her possession, including the al Qaida Manual, the Terrorist's Handbook, the Mujahideen Poisons Handbook and several military manuals, clearly retain that potential. We therefore have no doubt that it was right to bring this prosecution.

"Nevertheless, taking into account the time Ms 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.

"Ms Malik was not prosecuted for her poetry. She was prosecuted for possessing documents that could provide practical assistance to terrorists."

Giving judgment today, Lord Phillips said that in February this year, the Court of Appeal gave detailed consideration to Section 58 of the Act and decided that an offence would be committed only if the document or record concerned was of a kind likely to provide practical assistance to a person committing or preparing an act of terrorism.

Propagandist or theological material did not fall within the Section.

The problem in Malik's case was that it went to the jury on the basis that the 14 documents - out of the 21 - which did not fall within Section 58 were also capable of founding a conviction.

"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.

"We consider that there was scope for the jury to have become confused."

Had the test of practical utility been appreciated, the prosecution would no doubt have founded their case on the small quantity of documents satisfying that test.

As it was, he added, the trial judge, who did not have the benefit of the appeal court's judgment, simply left it to the jury to decide in the case of each document whether it was likely to be useful to a terrorist.

At her trial, Malik was acquitted of the more serious charge, under Section 57 of the Act, of possessing an article for terrorist purposes.

Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
Imperial Cities of Morocco
Seven nights half-board from only £799pp Find out more
Historic Sicily
Seven nights half-board from £799pp Find out more
4* all-inclusive Crete
Seven nights from only £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

Johnny Marr talks relationships and reunions

He's worked with Modest Mouse, the Pet Shop Boys and Beck, to name a few, and recently released his first solo album. So why, wonders Johnny Marr, do people still hark on about The Smiths?
After the flood: From Haiti to Britain, one man has captured the devastation of our increasingly deluged lands

In pictures: After the flood

From Haiti to Britain, one man has captured the devastation of our increasingly deluged lands
Death becomes her: Meet the very modern mortician who champions 'cool' funerals

Death becomes her: A very modern mortician

Ever considered baking a loved one's remains into a cake or putting their ashes in fireworks? If so, talk to Caitlin Doughty, champion of the alternative death industry.
How long can the 'Keep Calm' trend carry on?

How long can the 'Keep Calm' trend carry on?

At first it seemed clever and cute. Then the 'Keep Calm' motif went mad, spawning endless offshoots.
The man who built Brum: A lament for the demise of John Madin's Brutalist Birmingham

John Madin: The man who built Brum

The architect's buildings were supposed to leave an indelible, futuristic mark on his beloved hometown but they are now being inexorably torn down.
School of chop: Learning the art of butchery at the Ginger Pig

School of chop: Learning the art of butchery

How do you butcher a lamb? Or make Mexican street food in a British kitchen? Christopher Hirst finds out.
James Pembroke: The man who's eaten everywhere

The man who's eaten everywhere

Few people know more about restaurants than James Pembroke, who only spent five mealtimes at home during his entire childhood.
A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

The young JFK praised 'superior' Nordic races during visits to Germany
Banned Iranian director Mohammad Rasoulof to attend Cannes Film Festival 2013, his first public appearance since prison

Banned Iranian director to attend Cannes Film Festival

Mohammad Rasoulof to make his first public appearance since being imprisoned three years ago
Seeing the larger picture: Inspiring images of space

Seeing the larger picture: Inspiring images of space

An exhibition explores images how photography has shaped astronomy
Eat Spam and carry on: Wartime pamphlets could teach us a thing or two about healthy, thrifty eating

Eat Spam and carry on

Wartime pamphlets could teach us a thing or two about healthy, thrifty eating
Facial hair: Cat beards and the purrrsuit of excellence

Facial hair

Cat beards and the purrrsuit of excellence
The 10 Best salt and pepper sets

The 10 Best salt and pepper sets

Whether they're for everyday use or to make your dining table look just right, it's worth getting a stylish shaker...
Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Chief executive says trophies will come if a 'core' of suitable players is in place
Thomas Müller: We couldn't handle losing a Champions League Final again

Thomas Müller: We couldn't handle losing a Champions League Final again

The Bayern Munich forward tells Tim Rich his side have to shed chokers' tag after two recent final defeats