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The Counter-Terrorism Division of the Crown Prosecution Service (CPS) - cases concluded in 2012

Included in the list below is a brief summary of the cases which have been concluded in 2012. It should be noted that, as a general rule, a defendant is entitled to a one third discount on his sentence if he pleads guilty at the earliest opportunity, with a sliding scale for guilty pleas which are entered later than that. If a defendant is found guilty after trial, the Court can consider the maximum tariff to be available, subject to any personal mitigation that may be submitted on the defendant's behalf. Where a life sentence has been imposed, the tariff shown as the minimum sentence is the time to be served before parole can be considered. Some life sentences are shown as indefinite in which case it is for the Parole Board to monitor the defendant's progress towards a time when he can be considered for release.

Dilan EROGLU, Dilek DAG and Altin Yadirgi

On 27 April 2012 three women, namely Dilan Eroglu, Dilek Dag and Altin Yadirgi, pleaded guilty to an offence of arson being reckless as to whether life was endangered contrary to s1 Criminal Damage Act 1971.

On 28 December 2011 in Turkey a number of Kurdish civilians were killed by the Turkish Airforce. Ms Eroglu, Dag and Yadirgi were Kurdish supporters and on 29 December 2011 were part of a group of Kurdish protesters who carried flags to show their support for the PKK [Kurdistan Workers Party a proscribed organisation] whilst staging an impromptu protest outside Kings Cross Railway Station.

The offence took place overnight on 29 and 30 December 2011 when Ms Eroglu, Dag and Yadirgi targeted a social club that was known as the 'Coffee House of the People of Gumushane'. The club was used predominantly by people from that region of Turkey who were not Kurdish. The Turkish National flag was displayed inside the club.

In preparation to carry out the attack on the social club, a petrol can and petrol were purchased and petrol bombs made from bottles. Witnesses saw two girls walking along smiling, carrying what they believed to be candles prior to the attack. The bottles filled with petrol were ignited and thrown into the entrance of the club and witnesses saw the two girls get into Altin Yadirgi’s car. Fortunately, the bottles did not explode although the club became smoke filled and minor injuries were sustained by one person from the flames that were quickly extinguished.

On 30 May 2012 Ms Eroglu, Dag and Yadirgi were sentenced. Dilek Dag and Altin Yardirgi received 6 years and 8 months imprisonment and Dilan Eroglu received 6 years imprisonment. The judge found the offences were racially and politically motivated.

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Mohamed HASNATH

On 13 October 2011 Mohammed Abul Hasnath, a 19 year old from East London, was arrested in possession of a USB memory device that contained six editions of Inspire Magazine and a laptop that contained another edition of the magazine and other extremist material.

‘Inspire’ is an electronic magazine published by Al-Qaida in the Arabian Peninsula. It is targeted at Muslims living in the West designed to make the reader support, fund or join the jihad. Some editions contain material that is of practical use to a terrorist and Al-Qaida propaganda. It is the practical content of the magazines that brings it within the ambit of s58 Terrorism Act 2000.

Mr Hasnath pleaded guilty to four counts of possession of information useful to a terrorist contrary to s58 Terrorism Act 2000 and on 11 May 2012 was sentenced to 14 months imprisonment. Mr Hasnath was made the subject of a Terrorism Notification Requirement for 10 years, as required by the Counter-Terrorism Act 2008 Part 4.

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Shabaaz HUSSAIN

On 27 January 2012 Shabaaz Hussain, from East London, pleaded guilty to seven counts of terrorist fundraising contrary to s15(3)(a) and (b) Terrorism Act 2000.

In August 2008, three men who were associates of Mr Hussain flew to Nairobi via Dubai and it is believed that they travelled to take part in terrorist training in Somali. Mr Hussain accepted that between April and September 2010 he transferred funds for the benefit of these associates, one of whom was the brother of the identical twins Mohammed Shabir Ali and Mohammed Shafik Ali (‘the twins’) referred to below. There was a police probe recording which captured Mr Hussain describing his activities and his associates and their families including the identical twin brothers.

The total sum transferred was just over $14,000. Mr Hussain maintained communication with his associates in Somalia by phone calls and the use of coded texts using such expressions as 'cakes' and 'books' instead of money. He used a network of people to carry out the financial transactions that were made through money service bureaus.

On 9 March 2012 Mr Hussain was sentenced to a total of 5 years and 3 months imprisonment and made the subject of a Terrorism Notification Requirement for 10 years, as required by the Counter-Terrorism Act 2008 Part 4.

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Mohammed Shabir ALI and Mohammed Shafik ALI

On 31 July 2012 Mohammed Shabir Ali and Mohammed Shafik Ali pleaded guilty to a joint offence of terrorist fund raising contrary to section 15 (3) (a) and (b) Terrorism Act 2000. The twins admitted that over a period of time, with the help of Shabaaz Hussain, they had sent approximately £3,000 out to their elder brother Mohammed Shamim.

Mohammed Shamim had travelled to Somalia in 2008 with two other people and is believed to have received terrorist training and to be participating in fight as an insurgent in Somalia.

Shabaaz Hussain, referred to above, had previously pleaded guilty to seven counts of funding contrary to s15 Terrorism Act 2000 and was sentenced to 5 years and 3 months imprisonment.

The twins admitted that they had read the book '44 Ways to Support Jihad' by Anwar Al Awlaki, which contains chapters that detail the need to raise funds for those in other countries who are carrying out jihad.

In June 2011 the twins were arrested at the same time as Shabaaz Hussain but they were released without charge. However, the police searched the twins’ home address and found an MP3 player that contained a recording of a telephone call in a telephone kiosk. The recording was of a conversation between the twins and their brother who it is believed was in Somalia at the time.

The twins told their brother they had passed on £1,065 to another person to send out to him and they discussed what Mohammed Shamin was experiencing and the twins were warned to be careful about what they were doing and saying.

In sentencing the twins, Mr Justice Fulford accepted that their role in the terrorist fund raising was less than that of Shabaaz Hussain. The twins were both sentenced to 3 years in custody and were made the subject of a Terrorism Notification Requirement for 10 years, as required by the Counter-Terrorism Act 2008 Part 4.

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Mohammed CHOWDHURY and others

This was a case about nine young men who in October 2010 formed a group for the purpose of carrying out acts of terrorism.

They are all UK residents aged between 20 and 30 years old. Four of the men are from Stoke, three are from Cardiff and two from London. In common they all held extreme fundamentalist religious beliefs and were committed to converting those beliefs into terrorist action. They met during November and December 2010 to discuss their plans.

Four of the men, Mohammed Chowdhury and Shah Rahman from London, and Gurukanth Desai and Abdul Miah, two brothers from Cardiff, formed a plan to create and detonate a bomb in the London Stock Exchange.

Three others, Mohammed Shahjahan, Usman Khan and Nazam Hussain, from Stoke, decided on a longer term plan to fund and take part in terrorist training abroad with a view to carrying out terrorist acts in the future.

Two other men, Omar Latif from Cardiff and Mohibur Rahman from Stoke, were also involved in discussions with the group during the period in question. Latif accepted his part in preparing for acts of terrorism, though was not involved in either of the specific plots referred to. Rahman also played no part in these plots but accepted that he was in possession of documents for terrorist purposes.

These men were motivated to act as they did in large part by extreme Jihadist propaganda circulated on the internet by organisations like Al-Qaeda in the hope that impressionable young men in the West will be inspired to carry out attacks in the places where they live. These nine men were not members of Al-Qaeda but they were clearly influenced by the message of that organisation and in particular by the teachings of the American born ideologue, Anwar Al-Awlaki, who died in a drone attack in the Yemen last year. Six of these men were found to be in possession of an Al-Qaeda publication called Inspire magazine. That magazine, to which Al-Awlaki was a key contributor, urged its readers to attack the Western countries by any means possible to cause death, fear and economic damage. It also contained practical instructions on how to make a bomb. This bomb recipe formed a central part of the defendants' discussions.

All nine men were arrested in late December 2010 and charged a week later with offences of engaging in conduct in preparation for acts of terrorism, contrary to section 5 Terrorism Act 2006 and conspiracy to cause explosions of a kind likely to endanger life, contrary to section 3 Explosive Substances Act 1883. Six of the men were also charged with possession of material likely to be useful to a terrorist, reflecting their possession of the Inspire magazine.

All men originally entered not guilty pleas but on 31 January 2012, just before the trial was about to begin, they entered guilty pleas to new offences reflecting their more specific roles in the terrorist plots. Eight of the men pleaded guilty to offences under section 5 Terrorism Act 2006. The ninth man, Mohibur Rahman, pleaded guilty to a charge under section 57 Terrorism Act 2000, reflecting his possession of Inspire magazine for a terrorist purpose.

Of those who pleaded guilty to the section 5 Terrorism Act 2006 charge, the Stoke group, Mohammed Shahjahan, Usman Khan and Nazam Hussain accepted that they had been involved in a plot to establish and raise funds for a terrorist training camp in Kashmir with a view to at least one of their group carrying out training there so as to be able to commit acts of terrorism in the future. The London and Welsh group, Mohammed Chowdhury, Shah Rahman, Gurukanth Desai and Abdul Miah accepted that they had been involved in a plan to create and detonate a bomb in the London Stock Exchange. Omar Latif also pleaded guilty to section 5 Terrorism Act 2006 but on a more general basis which did not implicate him in either of the two plots described above.

On 9 February 2012 at Woolwich Crown Court the defendants were sentenced as follows:

  • Mohammed Shahjahan: Imprisonment for Public Protection. Minimum term 8 years 10 months less 408 days on remand. Terrorism notification period 30 years.
  • Usman Khan : Imprisonment for Public Protection. Minimum term 8 years less 408 days on remand. Terrorism notification period 30 years
  • Nazam Hussain: Imprisonment for Public Protection. Minimum term 8 years less 408 days on remand. Terrorism notification period 30 years
  • Abdul Miah: extended prison sentence 21 years 10 months. Custodial element 16 years 10 months. Time spent on remand 408 days. Terrorism notification period 30 years
  • Mohamed Chowdhury: extended prison sentence 18 years six months. Custodial element 13 years 6 months. Time spent on remand 408 days. Terrorism notification period 30 years
  • Shah Rahman: extended prison sentence 17 years. Custodial element 12 years. Time spent on remand 408 days. Terrorism notification period 30 years
  • Gurukanth Desai: extended prison sentence 17 years. Custodial element 12 years. Time spent on remand 408 days. Terrorism notification period 30 years
  • Omar Latif: extended prison sentence 15 years 4 months. Custodial element 10 years 4 months. Time spent on remand 408 days. Terrorism notification period 30 years
  • Mohibir Rahman: prison sentence of 5 years. Time spent on remand 408 days. Terrorism notification period 15 years

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Asim KAUSAR

On 3 June 2011 Asim Kausar's father, Nasim Kausar, handed to the police a pen drive which he said contained footage of an intruder at his Bolton home, captured by the home CCTV system. The pen drive did not contain any such footage, but it did contain documents, relating to firearms, explosives, poisons, survival techniques, and 'jihadi' ideology, which prompted an investigation by the North West Counter Terrorism Unit. Assessment of the pen drive revealed certain documents associated to Asim Kausar and he was arrested.

He later pleaded guilty to four offences of collecting a record of information likely to be useful to a person committing or preparing an act of terrorism contrary to section 58(1)(a) Terrorism Act 2000 in relation to documents on the pen drive, three of which provided instructions on making munitions and devices and one which provided a recipe for ricin. He said that he had downloaded the information out of curiosity and thought that he had wiped the pen drive clean before giving it to his brother some time previously. He also accepted that a 'shopping list' for guns and ammunition and outdoor equipment, found beneath his bed, was his, as was a typed letter found on the pen-drive addressed to no-one but said to be from a '24 year old male…desperate to fight jihad' and asking a series of questions about whether his martyrdom would be accepted. Mr Kausar had not disseminated any of the records of information or put them to any practical use and the documents were all available on the internet. However, in sentencing Mr Kausar on 27 January 2012 at Manchester Crown Court, HHJ Gilbart QC said that the availability of the documents on the internet made them no less dangerous or any less useful to a terrorist. Mr Kausar received concurrent sentences of two years and three months' imprisonment on each of the four offences.

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Mohammed SHAIKH

Two packages, addressed to Mohammed Shaikh at 89 Allenby Road Southall were intercepted by United Kingdom Border Agency staff at Mount Pleasant Post Office. The two packages were found to contain tasers, which are illegal in this country.

Police officers removed the tasers, and made them safe. The tasers were replaced with dummies and on 8 November 2010, a police officer dressed as post office worker delivered the two packages to Mr. Shaikh who signed for them. Shortly after the packages had been delivered police officers gained entry to and carried out a search of the property. Mr Shaikh tried to escape by jumping out of a window but was detained. Four pepper sprays and a number of knives were found in his bedroom. When Mr. Shaikh was interviewed by the police about the pepper sprays he admitted possessing them, but he denied trying to import the tasers.

He pleaded guilty to one count of possession of four pepper sprays contrary to section 5(1)(b) Firearms Act 1986, and two counts of attempted importation of the tasers, contrary to section 1 Criminal Act 1981. District Judge Day at Ealing Magistrates' Court gave Mr Shaikh credit for his early guilty plea and sentenced him to 6 months on each count of attempted importation of tasers to run consecutively, and 2 months in respect of the possession of pepper sprays to run concurrently, making a total of 12 months custody. Both the tasers and pepper sprays were ordered to be destroyed.

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Christian EMDE AND Robert BAUM

On Friday 15 July 2011 Christian Edme and Robert Baume, two German nationals, were stopped entering the Port of Dover. They had come from Belgium on one way tickets. Their belongings were examined, and when questioned they gave different and inconsistent explanations concerning their entry to the UK and onward travel plans.

The police examined their computer media and found pictures of the emblems of Al-Qaeda and other terrorist organisations and on Mr Edme's laptop there were four editions of an Al-Qaeda publication called "Inspire" and extremist videos were found. Mr Baum had a copy of a document called "39 Ways to support Jihad".

On 27 July both men were charged with possession of information of a kind likely to be useful to a person committing or preparing an act of terrorism, contrary to section 58(1)(b) Terrorism Act 2000. On 2 February 2012, both pleaded guilty. Mr Emde pleaded guilty to four counts and received a sentence of 16 months' imprisonment. Mr. Baum pleaded guilty to one count and received a sentence of 12 months' imprisonment.

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