Cowboy Vs Babar: Final Showdown
Court began at 10.35am . Judge Timothy Workman opened by giving a brief outline of what has happened in the case from the beginning in August 2004
Judge Timothy Workman then continued to address the individual submissions set out by the Defence, Edward Fitzgerald QC. The Judge agreed on a number of issues concerning the fact that, if Babar were to be extradited to the US , he would meet the criteria to be labelled an enemy combatant and therefore by detained and tried by a Military Tribunal.
The greatest grounds for concern for the Judge were the Special Administrative Measures, which breach the Defendant’s Convention Rights by him being placed in solitary confinement and having no legal confidentiality.
However, the Judge summed up the case by stating that it was a “difficult and troubling case”. He also stated that as Babar “is a British Subject alleged to have committed offences which, if the evidence were available, could have been prosecuted in this country”.
The case has now been transferred to the Home Secretary for his decision in 60 days. After that, Babar is then entitled to an appeal for both decisions at the High Court.
In conclusion, Judge Timothy Workman highlighted his concerns. It was also clear that, had it not been for the assurance provided by the US Embassy in London , he would have thought twice about agreeing to Babar’s extradition.
Babar’s case is a cause for concern as it has brought a number of issues into the limelight of exactly what the US authorities are capable of doing against innocent citizens. Nevertheless, the matter is far from over.
(click here to read the full account of Judge Timothy Workman’s verdict)