The human rights lawyer Aamer Anwar is awaiting a decision to determine if there was a Contempt of Court, after a high profile trial in Edinburgh High Court. After the conclusion of the trial of Mohammed Atif Siddique from Alva Clackmannanshire who was the first person to be charged under the terrorism laws in Scotland and received eight years in prison in October 2007. Mr Anwar stated that it was a tragedy for justice and for freedom of speech and said it was heard in an atmosphere of hostility in the aftermath of the Glasgow Airport attacks and the prosecution was driven by the state.

After Lord Carloway the trial judge heard this statement he believed the comments to be Disparaging about him, the jury and the prosecution and referred to three senior colleagues. The following hearing was packed out and defending Mr Anwar was lawyer Paul McBride. Mr McBride stated that Aamer Anwar was expressing his client’s views, who had instructed him to read out at the end of the trial. Mr Siddique, Anwar’s client had given a sworn affidavit confirming that these were his own words and instructed Mr Anwar to read out.

He also argued that there was an overreaction on behalf of the judge. They referred to other similar cases in which lawyers had made similar remarks but never attracted such a strong response. Many leading campaigners, high level lawyers and professors had written letters of support stating that Mr Anwar was not in breach of any rules or guidelines.

The Director of Liberty, Shami Chakrabarti said, ‘The ability of a lawyer to protect on behalf of his client is crucial to both free speech and justice in a democracy. This case provides a golden opportunity for Scotland to protect the independence of lawyers even at difficult times.’ Judge Lord Osborne sitting with Lords Kingarth and Wheatley after listening to a full day of submissions stated they would give their decision in due course leaving everyone in limbo awaiting the authority of the court.

Throughout the day many supporters attended the case and others waited outside. After the trial around 60 supporters were waiting for Aamer who said, ‘I cannot comment as the proceedings are live. However I would like to thank every one for their support and being in court today.’

 

Elyas Hussain