Abu Qatada appeal is ‘scraping the barrel’ claim lawyers as immigration judge decides whether he can be deported to Jordan Tribunal told Qatada appeal against deportation 'bears all the hallmarks of a last-ditch argument' Mr Justice Mitting has begun a 'factual review' of whether the 51-year-old radical cleric would get a fair trial if deported to Jordan Qatada has thwarted every attempt by the Government over the last decade to put him on a plane Deportation saga has cost Government nearly £1m in legal feesTerror suspect Abu Qatada is 'scraping the barrel' in an appeal against deportation which 'bears all the hallmarks of a last-ditch argument', a tribunal was told today.The radical cleric, described by a judge as Osama bin Laden's right-hand man in Europe, would receive a fair trial in Jordan if deported, lawyers for Home Secretary Theresa May said.The Government is satisfied that evidence gained through torture would not be used against Qatada in any trial over terror charges, Robin Tam QC, for the Home Secretary, said.Qatada, described by a judge as Osama bin Laden’s right-hand man in Europe, is facing a retrial on terror charges.Abu QatadaUncertain future: Abu Qatada is facing a retrial on terror charges after Home Secretary Theresa May was given assurances by Jordan that no evidence gained through torture would be used against himDiscussing the case as the hearing began, Mr Justice Mitting, president of the Special Immigration Appeals Commission (Siac), said: 'The evidence seems extremely thin.'He made the comment as he began a 'factual review' of the 51-year-old radical cleric's case.Qatada, who is also called Omar Mahmoud Mohammed Othman, has challenged and ultimately thwarted every attempt by the Government over the last decade to put him on a plane and is fighting against deportation at the immigration tribunal appeal in central London.Mr Tam said statements from Qatada's former co-defendants - Al-Hamasher and Abu Hawsher - which were alleged to have been obtained by torture could no longer be used by the Jordanian courts.Mr Justice MittingReview: Mr Justice Mitting, president of the Special Immigration Appeals Commission (Siac), said: 'The evidence seems extremely thin'He also rejected suggestions by Qatada's legal team that the pair would suffer ill-treatment or otherwise be unduly pressured if called to give evidence under oath in any retrial.He said: 'It is submitted that this assertion of future ill-treatment of the former co-defendants bears all the hallmarks of a last-ditch argument.'Mr Tam also rejected a new claim by Qatada's lawyers that the radical cleric would be taken into administrative detention if returned to Jordan.'This contention simply illustrates the extent to which the appellant is scraping the barrel in this appeal,' Mr Tam said.He went on: 'In reality, the position is clear: as a matter of Jordanian law, the previous statements made by Al-Hamasher and Abu Hawsher will not form part of the evidence which is considered by the court in the retrial of the appellant.'The two men will be called to give fresh evidence, and if they do so, will be able to give their evidence freely and without fear of reprisal.'In a written skeleton argument handed to the court, Mr Tam said the Home Secretary 'will highlight the new information and assurances which she has received' from Jordan.Anthony Layden, 66, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, will give evidence to the appeal, in front of Siac president Mr Justice Mitting, tomorrow.He will describe how the Jordanian authorities 'have given all possible assistance in terms of establishing in more detail precisely what procedures would be followed in the appellant's retrial', Mr Tam said.However, Danny Friedman, representing Qatada, said: 'I think there are some serious issues with the allegations made against Mr Othman.'He was referring to terror charges which Qatada was convicted of in Jordan in his absence and for which he faces a retrial.Mr Friedman also insisted Qatada’s lawyers’ aim was not simply to delay proceedings further by launching yet more appeals.'That was not necessarily our aim, two more appeals and 10 more years,' he said.Home Secretary Theresa MayInvolved: Qatada is facing a retrial on terror charges after Home Secretary Theresa May (pictured) was given assurances by Jordan that no evidence gained through torture would be used against himBut even if Qatada loses when the decision is handed down next month, it could still be many months before the Government can send him to Jordan as he could eventually appeal again to Europe’s human rights judges.Qatada, who is in custody, did not attend today’s hearing.Repeated failed attempts by UK governments over the last 10 years to deport Qatada have cost nearly £1m in legal fees, Government figures show.Abu QatadaExpensive: Repeated failed attempts by UK governments over the last 10 years to deport Qatada have cost nearly £1m in legal feesNo figures have been given for how much Qatada has received in legal aid and some estimates put the cost of keeping Qatada in the UK, either in a high-security jail or closely monitored under strict conditions in the community, along with the legal costs of the fight to deport him, at more than £3m.At the High Court this summer, Edward Fitzgerald QC, representing Qatada, said the cleric has now been in detention for seven years - 'the longest period of administrative detention as far as we know in modern English history'.He was last refused bail over the Olympics, when police and security services were fully stretched, with judges also ruling that the risk of him absconding in the run-up to today’s hearing justified his continued detention.Lord Justice Hughes and Mr Justice Silber said they did not agree with Mr Fitzgerald’s 'gloomy prognosis that another year or more of litigation is to be expected after the fortnight’s hearing in Siac'.Qatada could appeal against the Siac ruling, the judges said, but any appeal 'would have to be on points of law' and it was not 'an inevitability' that the European Court of Human Rights in Strasbourg would want to hear the case again.Qatada, who is said to have wide and high-level support among extremists, was convicted in his absence in Jordan of involvement with terror attacks in 1998 and faces a retrial in his home country.He also featured in hate sermons found on videos in the flat of one of the September 11 bombers.Europe’s human rights judges ruled in January that Qatada could only be deported if evidence gained through torture would not be used against him in his trial.The appeal will test whether Mrs May has secured assurances from Jordan to ensure a fair trial and whether deportation proceedings can continue, rather than only the strength of the case against him.Anthony Laydan, the former British ambassador to Libya who specialises in negotiating diplomatic assurances, will give evidence tomorrow.He is expected to be followed by a Jordanian lawyer who advises the British Embassy in Amman.
Nicola Howard ● 5086d