July 1998


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MI5: HIDDEN INFORMATION, JUSTICE DENIED In the last newsletter we mentioned that amongst the revelations of former MI5 agent David Shayler was the fact that MI5 had a clear warning from "an impeccable source" that Israeli targets in London would be attacked by terrorists. The campaign immediately began to ask the authorities to disclose this information to the defence for it seemed potentially crucial new evidence in the case against Samar and Jawad. There are a number of questions to be asked about this warning. First of all, why was it hidden from the court and the jury during the trial? If it was to the defendant's disadvantage, why not use it? Secondly, why have the prosecution not disclosed anything to the defence since November? What is the content of this new information and to what direction is it pointing? And, perhaps most importantly how can the appeal process be fair if new evidence is being hidden away from the appellants?

If the warnings are as described, then the bombings could not have been carried out by Samar and Jawad. During the trial, the prosecution insisted that the defendants were "quintessentially English Palestinians" who formed their own group, while the head of the investigation in the Anti-Terrorist Branch said that the police were operating in an "intelligence vacuum". As Paul Foot said in an article in "Private Eye" (17/4/98): "Though there was, as the judge admitted, not a shred of evidence to connect either defendant with the actual bombings, the jury convicted both of conspiracy to cause the explosions and they were sent to prison for 20 years ... David Shayler's revelation about the warning creates and entirely different picture to the one painted to the jury. A warning suggests an intelligence tip off which in turn suggests the involvement of a foreign government or an international terrorist outfit".

Gareth Peirce has been trying without success to prise out of the Director of Public Prosecutions (DPP) the truth about any intelligence warnings which she and we believe, could exculpate Samar and Jawad and point the finger at dangerous culprits. In March of this year the prosecution informed the defence that their repeated enquiries are receiving "active consideration".

In April 1998, the prosecution informed the defence that it is considering requesting a Public Interest Immunity (PII) hearing regarding the disclosure of the warning. Should such a hearing take place, the judge has to decide whether to order that the information should be disclosed to the defence. The defence has no independent access to this information and no ability to compel its production. In fact, the defence might be informed of the hearing after it has already taken place.

As such, the use of PII is inherently unfair. In the past, their use figured in the Matrix-Churchill affair, and also in the M25 case, which is believed to be another miscarriage of justice. In this case, several PII hearings took place before and during the trial, and the defence has no knowledge as to what percentage of available information has ever been revealed to them. During the trial, when the government's chemical expert was being asked about scientific examinations of the July 1994 bombings, PII was used to block the disclosure of results that have been reached by the Israelis and the British regarding the tests done and the type of explosive used in the bombings.

It is clear that allowing the Crown to withhold this information from the defence on the grounds of national security will result in yet more injustice for Samar and Jawad. Its imposition at this time threatens to undermine the chance of appealing against the conviction.

It is important that all supporters of the campaign join in putting pressure on the government to release this information to the defence. Several people have written to their MPs who have passed on questions to Jack Straw, the Home Secretary. We have printed postcards to send to MPs since we want to increase the pressure on the government immediately after the summer recess. Please send a card yourself, or your own letter, but also encourage as many other people as you can to do the same. This is an issue of justice for Samar and Jawad but it is also a case of the government trying to conceal information and many people will be concerned on both counts.

WRITE TO YOUR MP
SEND THE POSTCARD
ENCOURAGE OTHERS TO SEND THE POSTCARD


DECATEGORISATION

Supporters will remember that this was covered quite extensively in the last newsletter. Decategorisation to a lower status would benefit both Samar and Jawad - especially Samar whose prison conditions have deteriorated - including an easing of the harsh security measures and the possibility of moving to a prison closer to London where most family and friends are based. The review takes place in August and FJSJ have been recirculating the petition which we used last year for the first legal review. Currently we have around 180 signatures to add to the 400 submitted last year. If you have petitions or can get more signatures, please do so as a matter of urgency. It is also important that as many people as possible write supporting the decategorisation.


JUSTICE AT HOME AND ABROAD

We have been successful in recent months in getting press coverage for the case. In April, Paul Foot wrote an article published by Private Eye. This is the first article of its kind by an investigative journalist on the case and represents the kind of publicity needed to reach a wider audience. A letter was also published in Private Eye. There was a second article in Conviction (newsletter no. 18 February 1998). There has also been coverage in the Arab press. Al-Hayat noted the Private Eye article in May, and also mentioned Samar and Jawad in its opinion column on 16th June.

The campaign also wrote letters when the nurses in the Saudi murder case were released. A letter was published in May in the Guardian and 2 others in Al-Hayat and Al-Quds, which also mentioned the case in its editorial. These pointed out that it is ironic that at a time when British nationals in foreign jails have received most effective representations (notably the nurses in the Saudi Arabian murder case), the government here is withholding important information which could unravel these wrongful convictions in Britain.


WEB-SITE

We are now on line. The site includes campaign literature and copies of the petition, newsletter etc. Hopefully it will provide a forum for the exchange of ideas and we hope that this publicity will lead to new evidence which will help secure the release of Samar and Jawad. Visit our website and get others to visit.
ADDRESS OF WEBSITE: http://www.freesaj.org.uk


DONATIONS/FUTURE WORK

FJSJ now has over 150 sponsors. We have continued our work over the past 6 months, focusing particularly on the MI5 issue and on decategorisation. Work on the booklet about the case is also continuing. The case is a complex one and to present it in a form easily accessible to a wide audience takes time. Hopefully the booklet will be ready for a public launch in the autumn.


ACTION

1. Get the petition requesting decategorisation signed and return it by 1st January to the FJSJ address.
2. Send off the enclosed postcard to your MP requesting release of the information from MI5.
3.Raise the case at any relevant meetings you attend.
4. Sponsor the campaign, and help us to distribute the leaflet about it.
5. Make a donation to the campaign (for travel expenses for visiting, subscriptions for Samar and Jawad, printing and mailing costs, production of booklet, etc.).




In order to implement all of these plans, we urgently need your donations, suggestions and help in campaign work. To find out how you can help check our aims of the campaign page.

 



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