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Respect for suspect's rights criticised
16 Dec 2008COUNTER-TERRORIST detectives were criticised for failing to respect doctor Mohammed Asha's rights.
Trial judge Mr Justice Mackay said officers at Paddington Green police station denied the neurologist timely legal representation.
Dr Asha was taken to the west London police station after his arrest on the M6 in Cheshire, six hours after the Glasgow attack.
The next morning, two so-called emergency "safety interviews" were conducted before Dr Asha was allowed to see a solicitor.
Such interviews were introduced to allow police in fast-moving terrorist cases to ask if other lives remained at risk.
But the trial heard how police not only delayed Dr Asha's access to a solicitor but lied to him during the interviews.
The judge said: "The defendant's case is this procedure was unfair, unjust and he had been lied to and bullied.
"It is for you to judge that suggestion. It is a serious matter. The police have an extremely difficult job to do and little time to do it.
"What this trial may have revealed to you is that on this occasion Mohammed Asha's rights were not fully respected."
Asha arrived at Paddington Green shortly before 1am and was first interviewed at 10.20am on July 1.
After naming Bilal Abdulla and Kafeel Ahmed as suspects, he was re-interviewed three more times.
In the second interview, at 3.35pm, the officers claimed to have evidence that Asha was involved in the attacks.
One said: "I've been doing this for a long time but I'm going to let you into a little secret, OK?
"Our investigation has led us to show that you are probably a little bit more involved that you just let on to us this morning..."
Police admitted during the trial that this was not true and they had no new information about Asha.
Barrister Stephen Kamlish QC said Asha was only able to speak to get legal advice after 10 hours in custody.
He said: "These officers disgracefully lied to him, intimidated him and bullied him into thinking they had evidence against him."
Mr Kamlish said that at one point a solicitor telephoned but was told Asha was resting and police did not reveal interviews were about to take place.
Solicitor Louise Christian, chair of human rights organisation Liberty, said responsibility for the abuse lay with the Government.
She said: "It seems pretty horrifying and quite clearly an abuse of the purpose of this legislation.
"The fact is, has this legislation ever been necessary? I suspect the answer is no.
"The real culpability lies with the Government
for bringing in this legislation because it was entirely foreseeable that the police would abuse it.
"They are under pressure to get convictions in terrorism cases and who applied that pressure? The Government."
The trial gave an insight into the stringent procedures in place to preserve evidence in terrorism investigations.
Asha was dressed in a paper suit and had forensic samples taken from several parts of his body.
The booking hall was cleared when he arrived at Paddington Green and he was placed in a sterile cell with paper on the walls.
One officer was designated to unlock cell doors to avoid contamination.
Speaking about his arrest, Asha said the police officers, dressed in suits, reminded him of a scene from the film Men In Black.
