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Trans-Atlantic bomb plotter has jail term cut
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16 May 2007
Three judges headed by the Lord Chief Justice Lord Phillips said 40 years should normally be reserved for "the terrorist who has been convicted, after trial, of a serious attempt to commit mass murder by a viable method".
In today's case, Muslim convert Dhiren (aka Eesa) Barot, 34, pleaded guilty to conspiracy to murder, which fell short of an actual attempt, and there was uncertainty as to whether the terror plots would have succeeded and what the consequences would have been, said Lord Phillips.
Barot, jailed by Mr Justice Butterfield at Woolwich Crown Court in London last November, will now serve 30 years, including time already spent in custody, before being considered for release on licence.
Barot and his fellow conspirators plotted terror atrocities on the eastern seaboard of the United States and in Britain using explosive-packed limousines and a "dirty" radiation bomb.
The sentencing judge said his "businesslike" plans would have caused carnage on a "colossal and unprecedented scale" if successful. He was a "determined, dedicated and highly dangerous" individual.
In the appeal, Barot's lawyers argued that he should not have been given what amounted to a "whole life" sentence after pleading guilty to a charge that in other circumstances would have attracted a fixed term of 20 or 30 years, less remission.
The conspiracy was a long way from being put into effect when the plotters were arrested, it was pointed out.
Lord Phillips, sitting with Lord Justice Latham and Mr Justice Treacy, said expert scientific evidence showed that the "exploding limousines" project was superficially attractive, but "amateurish".
It was quite possible that Barot, perhaps perversely, would not have wished to invite a finding from the court that his plans were amateurish and technically defective, but justice required the experts' evidence to be taken into account.
The judges rejected argument that an indeterminate sentence for the protection of the public, rather than a fixed term, was not justified by political, religious or ideological motivation.
"A terrorist who is in the grip of idealistic extremism to the extent that, over a prolonged period, he has been plotting to commit murder of innocent citizens is likely to pose a serious risk for an indefinite period if he is not confined," said Lord Phillips.
"If he commits an offence that permits the court to impose an indeterminate sentence, this is likely to be the appropriate course."
He said many terrorists motivated by perverted ideology - some of them willing to blow themselves up - were unlikely to be deterred by the threat of a long prison sentence.
But, in a warning to potential recruits, the judge said it was important that "those who might be tempted to accept the role of camp followers of the more fanatic are aware that, if they yield to that temptation, they place themselves at risk of very severe punishment".
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