Comment: hate preacher we can't deport

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Abu Qatada is a "truly dangerous individual", in the words of one of the judges who has heard his case. Tapes of his calls to martyrdom were found in a flat used by some of the 9/11 hijackers. The radical Islamic cleric came to this country on a forged passport and is wanted on terror charges in Jordan. Yet despite all the Government's promises to throw out preachers of hate, Britain cannot be rid of him. Instead, at a cost of perhaps £500,000 a year, he has to be held on bail in an MI5 safe house, where he is expected to arrive today. This absurd situation has arisen because Abu Qatada has convinced judges he must not be deported to Jordan, as he might face torture. The Government obtained a Memorandum of Understanding with Jordan that his rights would be respected. However, Appeal Court judges then said that because the evidence against him there might have been obtained under torture, deportation would breach his right to a fair trial.

Nowhere was the far more important right of the public to protection from the danger represented by this individual properly weighed in the balance. Of course, the best course of action would have been to prosecute Abu Qatada for terrorism or incitement offences in this country. However, the Government's hesitation over using phone tap evidence in court has prevented this. Instead, all the rights and protections this country offers its citizens have been extended to a man who should never have been allowed here in the first place and whose extremist ideology is in conflict with those principles.

The Home Office is appealing to the House of Lords, but in the meantime other Jordanian and Algerian terrorist suspects may now be able to rely on the most recent Qatada ruling to stay in Britain. Instead of investing so much political capital in trying to extend pre-charge detention to 42 days, the Government should have made the question of using intercept evidence its priority. That way, instead of being allowed out on bail, complete with social security benefits, Abu Qatada could have been prosecuted and, if found guilty, put behind bars.