An article in today's Guardian asks some of the questions that J7 posed to the 7/7 Inquests when we sent our submission on Preventability to the coroner and counsel in July 2010.
In light of the Guardian series of articles regarding this issue, we reproduce below our submission listing the serious issues that arise from the role that Mohammed Junaid Babar has played in the events of not only 7th July 2005 but also the so-called 'fertilizer bomb plot', apparently scuppered by Operation Crevice, and also the incarceration of Fahad Hashmi:
CREVICE TRIAL
Without the testimony of 'Supergrass' Mohammed Junaid Babar at the Crevice trial, would there have been enough evidence against these men to merit the 40 year life sentences they received? Especially given the statement read on behalf of these men at the end of the Crevice trial explicitly denied that there was any plot to attack the UK:
The section in the Provisional Index of Factual Issues entitled “Preventability” comprises by far the bulk of the index. Further, the bulk of areas outlined in points 13-23 relate directly to just two of the accused, Khan and Tanweer, and their interactions with others connected to Operation Crevice, notably, and mostly, Omar Khyam. There are wider connections over and above those between Khan (now deceased) and Khyam (serving a life sentence, received in no small part due to the testimony of the prosecution's 'star witness'14 Junaid Babar), featuring individuals that appear to create and facilitate links between disparate individuals and groups across continents, and we outline these for informational purposes below. Many of these individuals appear to have protected status in that they have either never been arrested or have miraculously evaded prosecution over a period of time when many lesser figures were rendered to the torture chambers of Abu Ghraib or Guantanamo Bay.
Much is made of the failings of West Yorkshire police and the security services to properly investigate and/or assess Khan and Tanweer, particularly in the two years prior to 7th July 2005. However, there is an important question to be asked here:
How would Khan and Tanweer have known that they were not under investigation given the following facts:
29 March 2004: Momin Khawaja was arrested in Canada in the culmination of what was reported as a “a month long sting operation”
30 March 2004: Eight arrests were made of men who were known to Khan and Tanweer as part of Operation Crevice.
June 2004: news broke that the FBI had been holding Mohammed Junaid Babar in custody in New York since April 2004. It was reported that he was negotiating a plea bargain with the authorities.
Junaid Babar, a US citizen had being widely reported since November 2001, declaring support for the 9/11 attacks and announcing he was recruiting fighters to fight against US forces in Afghanistan:
Despite making inflammatory and widely publicised pronouncements about being an Islamic warrior, despite seemingly declaring war on Americans, and despite his being a key facilitator in the alleged “terror training camps” in Pakistan (akin to the U.K equivalent of 'Q', Mohammed Quayyum Khan, also a part-time taxi driver), Junaid Babar appears to have been allowed to travel freely between Pakistan and the UK, as shown by the Operation Crevice timeline compiled by the Metropolitan Police17.
Hassan Butt, who first facilitated Junaid Babar's stay in Pakistan19, describes a meeting between Babar and Khan in Leeds, held after attending a barbecue to raise money for 'training camps' which is attended by a number of prolific propagandists and provocateurs for 'extremist' 'Islam'.
FOI requests to the Foreign & Commonwealth Office submitted by J7 have been refused in respect of attempts by independent researchers to assess this information.
On Babar's second visit to Britain, he stayed with Fahad Hashmi in London and left behind some waterproof socks and a pair of night vision goggles. Junaid Babar went on to become the State's star-witness for the prosecution in the Crevice and Khawaja trials, and his testimony also resulted in a 15 year sentence for Syed Fahad Hashmi, who had previously been extradited to the US from the UK on the basis of the “glorified camping equipment”21 that Babar had left at Hashmi's residence. This was then reported as:
Babar was also the source for the aluminium powder which featured in the Crevice trial.
This is just a week after the Operative Crevice arrests; was his work now done? How did he manage to escape the 'no-fly list' to re-enter the US, given his well-publicised running and facilitating of 'terror training' in Pakistan?
Footnotes
To reiterate some of the questions that J7 posed to the Coroner that now require urgent answers if we are to understand what truly happened on 7 July 2005, how it happened, why it happened, and who made it happen:
In light of the Guardian series of articles regarding this issue, we reproduce below our submission listing the serious issues that arise from the role that Mohammed Junaid Babar has played in the events of not only 7th July 2005 but also the so-called 'fertilizer bomb plot', apparently scuppered by Operation Crevice, and also the incarceration of Fahad Hashmi:
CREVICE TRIAL
Without the testimony of 'Supergrass' Mohammed Junaid Babar at the Crevice trial, would there have been enough evidence against these men to merit the 40 year life sentences they received? Especially given the statement read on behalf of these men at the end of the Crevice trial explicitly denied that there was any plot to attack the UK:
This was a prosecution driven by the security services, able to hide behind a cloak of secrecy, and eager to obtain ever greater resources and power to encroach on individual rights.WIDER CONNECTIONS
There was no limit to the money, resources and underhand strategies that were used to secure convictions in this case.
This case was brought in an atmosphere of hostility against Muslims, at home, and abroad. One stoked by this government throughout the course of this case.
This prosecution involved extensive intrusion upon personal lives, not only ours, but our families and friends.
Coached witnesses were brought forward. Forced confessions were gained through illegal detention, and torture abroad. Threats and intimidation was used to hamper the truth. All with the trial judge seemingly intent to assist the prosecution almost every step of the way.
These were just some of the means used in the desperate effort to convict. Anyone looking impartially at the evidence would realise that there was no conspiracy to cause explosions in the UK, and that we did not pose any threat to the security of this country.
It is not an offence to be young, Muslim and angry at the global injustices against Muslims."9
The section in the Provisional Index of Factual Issues entitled “Preventability” comprises by far the bulk of the index. Further, the bulk of areas outlined in points 13-23 relate directly to just two of the accused, Khan and Tanweer, and their interactions with others connected to Operation Crevice, notably, and mostly, Omar Khyam. There are wider connections over and above those between Khan (now deceased) and Khyam (serving a life sentence, received in no small part due to the testimony of the prosecution's 'star witness'14 Junaid Babar), featuring individuals that appear to create and facilitate links between disparate individuals and groups across continents, and we outline these for informational purposes below. Many of these individuals appear to have protected status in that they have either never been arrested or have miraculously evaded prosecution over a period of time when many lesser figures were rendered to the torture chambers of Abu Ghraib or Guantanamo Bay.
Much is made of the failings of West Yorkshire police and the security services to properly investigate and/or assess Khan and Tanweer, particularly in the two years prior to 7th July 2005. However, there is an important question to be asked here:
How would Khan and Tanweer have known that they were not under investigation given the following facts:
29 March 2004: Momin Khawaja was arrested in Canada in the culmination of what was reported as a “a month long sting operation”
30 March 2004: Eight arrests were made of men who were known to Khan and Tanweer as part of Operation Crevice.
June 2004: news broke that the FBI had been holding Mohammed Junaid Babar in custody in New York since April 2004. It was reported that he was negotiating a plea bargain with the authorities.
Junaid Babar, a US citizen had being widely reported since November 2001, declaring support for the 9/11 attacks and announcing he was recruiting fighters to fight against US forces in Afghanistan:
As the TV camera rolled Mohammed Junaid Babar’s eyes shone indignantly behind nerdish glasses: “There is no negotiation with the Americans. I will kill every American that I see in Afghanistan, and every American I see in Pakistan.”15Jon Gilbert, who conducted interviews with Junaid Babar, later mused:
“The conundrum still remains, though. Why did Babar talk to me so willingly in the first place? It’s a question that I’ve been asking myself for more than six years. Some suggest that he may have already been an FBI agent.“16
Despite making inflammatory and widely publicised pronouncements about being an Islamic warrior, despite seemingly declaring war on Americans, and despite his being a key facilitator in the alleged “terror training camps” in Pakistan (akin to the U.K equivalent of 'Q', Mohammed Quayyum Khan, also a part-time taxi driver), Junaid Babar appears to have been allowed to travel freely between Pakistan and the UK, as shown by the Operation Crevice timeline compiled by the Metropolitan Police17.
2001-2004The results of a joint BBC Radio 4 File on 4 and Newsnight investigation also revealed that, “We understand that Siddique Khan was also seen with this man [Junaid Babar] in Leeds in 2003.”18
· Pakistani-born Mohammed Junaid Babar leaves his home in the USA, just days after 9/11 and travels to Pakistan to live
Spring 2003
· Mohammed Junaid Babar meets Omar Khyam and Waheed Mahmood in England.
January 2004
· Mohammed Junaid Babar travels to England and subsequently meets Omar Khyam, Waheed Mahmood, Jawad Akbar and Anthony Garcia
Hassan Butt, who first facilitated Junaid Babar's stay in Pakistan19, describes a meeting between Babar and Khan in Leeds, held after attending a barbecue to raise money for 'training camps' which is attended by a number of prolific propagandists and provocateurs for 'extremist' 'Islam'.
Butt reveals that after the jihadist barbecue he drove to Khan’s home near Leeds with another guest, Mohammed Junaid Babar, who would shortly become a supergrass. Babar’s testimony helped to secure the conviction last week of five members of the Crevice gang, who had planned to blow up — among other targets — the Bluewater shopping mall in Kent and the Ministry of Sound nightclub in London.How likely is it that the joint intelligence services of the US and UK were not tracking Babar or Butt in the UK, particularly given Babar's high profile? Which of these two individuals was being tracked and to what extent? How was it possible that Junaid Babar was allowed to travel so freely between Pakistan and the UK?
Although Babar describes the barbecue in his testimony, he does not refer to the drive north, nor to some of the guests named by Butt.
...
The host was a long-standing activist of Al-Muhajiroun, the group set up by Sheikh Omar Bakri in 1996
...
The guest list included men who were later to become notorious. Among them, claims Butt, was Mohammed Quayyum Khan, a part-time taxi driver from Luton who is alleged to have sent Mohammad Sidique Khan to the Malakand training camp on behalf of Al-Qaeda.
…
Butt, who had borrowed his brother’s navy blue Audi TT to get to the party from his home in Manchester, decided it was time to head back north. Babar asked to be dropped off near Leeds. ..
As the sun rose, Babar directed Butt to a terrace house in Batley, West Yorkshire, 15 minutes from the M1. A man in pyjamas came out to greet them. It was Mohammad Sidique Khan.
Butt had met Khan before. Babar had introduced them in 2002 at a gathering at Butt’s flat in Islamabad. Khan now recognised Butt and asked him if he wanted to come in.20
FOI requests to the Foreign & Commonwealth Office submitted by J7 have been refused in respect of attempts by independent researchers to assess this information.
On Babar's second visit to Britain, he stayed with Fahad Hashmi in London and left behind some waterproof socks and a pair of night vision goggles. Junaid Babar went on to become the State's star-witness for the prosecution in the Crevice and Khawaja trials, and his testimony also resulted in a 15 year sentence for Syed Fahad Hashmi, who had previously been extradited to the US from the UK on the basis of the “glorified camping equipment”21 that Babar had left at Hashmi's residence. This was then reported as:
Hashmi, who moved to Britain from Queens in 2003, allegedly allowed his London flat to be used to store supplies and money that Babar was shipping to Abdul al-Hadi al-Iraqi, then head of al Qaeda operations in Afghanistan.22Hashmi spent over 3 years under SAMS, extreme measures which included total isolation whilst facing a life sentence for this 'crime'.
Babar was also the source for the aluminium powder which featured in the Crevice trial.
The government would further prove that the defendant purchased and attempted to purchase the aluminum powder and ammonium nitrate that he knew would be used in explosive devices in the bombing plot in the United Kingdom, and that he did this throughout from December 2002 through March of 200423.On 6th April 2004, Babar returned to the US but was not arrested or detained until 10th April 2004 when he was picked up by the FBI whilst on his way to a 'taxi school' in Queens, NY.
This is just a week after the Operative Crevice arrests; was his work now done? How did he manage to escape the 'no-fly list' to re-enter the US, given his well-publicised running and facilitating of 'terror training' in Pakistan?
Footnotes
9 J7: The July 7th Truth Campaign - The People's Independent Public Inquiry into 7/7 - http://www.julyseventh.co.uk/crevice/crevice-imran-khan-statement-for-defendants.html
13 THE ATTORNEY GENERAL OF CANADA v MOHAMMAD MOMIN KHAWAJA [2007 FC 490] Ottawa, Ontario, May 7, 2007 [PDF]- http://www.icj.org/IMG/Khawaja-Evidence.pdf
14 Canada's anti-terror legislation vs. Ottawa's Momin Khawaja - http://www.canada.com/ottawacitizen/news/observer/story.html?id=1bc4587f-748c-45be-8668-116fdb57619b
15 The supergrass I helped to create - Times Online - http://www.timesonline.co.uk/tol/news/uk/crime/article1737411.ece
16 Ibid.
17 OPERATION CREVICE, Timeline and facts and figures - Metropolitan Police Service - http://nefafoundation.org/miscellaneous/FeaturedDocs/MPS_OpCreviceTimeline.pdf
18 BBC - Press Office - Newsnight/File on 4 investigation - http://www.bbc.co.uk/pressoffice/pressreleases/stories/2005/10_october/25/khan.shtml
19 Was CBS Duped by Radical Islamist? - http://www.aim.org/guest-column/was-cbs-duped-by-radical-islamist/
20 The jihadi house parties of hate - Times Online - http://www.timesonline.co.uk/tol/news/uk/article1752338.ece
21 U.S. student pleads not guilty in terrorism case - World news - Terrorism - msnbc.com - http://www.msnbc.msn.com/id/18923836/38180585
22 Focus: Is the Islamist group al-Muhajiroun waiting to strike again? | World news | The Observer - http://www.guardian.co.uk/world/2007/may/06/terrorism.jamiedoward
To reiterate some of the questions that J7 posed to the Coroner that now require urgent answers if we are to understand what truly happened on 7 July 2005, how it happened, why it happened, and who made it happen:
- How likely is it that the joint intelligence services of the US and UK were not tracking Babar or Butt in the UK, particularly given Babar's high profile?
- Which of these two individuals was being tracked and to what extent?
- How was it possible that Junaid Babar was allowed to travel so freely between Pakistan and the UK?
- [Babar entered the US] This is just a week after the Operative Crevice arrests; was his work now done?
- How did he manage to escape the 'no-fly list' to re-enter the US, given his well-publicised running and facilitating of 'terror training' in Pakistan?
Ms Gallagher has raised some of the issues presented in the Guardian articles during this morning's Inquests hearings. She spoke on behalf of Mr Foulkes, father of David Foulkes, who was interviewed by the Guardian and quoted as saying "the terms of reference of the inquest are too narrow to deal with such questions and thinks that it should be suspended while they are re-evaluated":
.. He's asked me to make clear that his concern is not that scope is too narrow and, indeed, the scope ruling fully encompasses the issue of preventability and it's going to be explored next week, but what he does want to ensure is that the inquest has all relevant information and is in a position to fully explore this issue, including the potentially new information referred to in the article and the material that he's seen. Mr Foulkes is, of course, aware that there are PII materials which we haven't seen. It may be that this wasn't a new issue to the Inquest team and to you, my Lady. It may be that this is covered in bundle A and bundle B, which the legal teams and the families haven't seen. But Mr Foulkes' concern is this: he wishes to ensure that the Security Services give a clear statement to the inquest: (a) that they're not aware of any basis for the suggestion that Babar had been an informant for the authorities for any country prior to his detention in New York City in April 2004; and (b) that they've provided to the Inquest team and the coroner all information which they have in respect of Babar and US/UK communications in respect of him, and Mr Foulkes' comment to the press --
LADY JUSTICE HALLETT: As relevant to these proceedings.
MS GALLAGHER: Precisely. Mr Foulkes' comment to the press was intended to suggest that, if the Inquest team didn't have those assurances, then suspension might be required, and it's an understandable and defensible comment which he made at the time in those circumstances.
From the court document on the Guardian website:
ReplyDelete"As laid out in the government's letter, the defendant has testified previously at four different trials involving numerous terrorism defendants, three trials in the UK and one in Canada. Both governments and prosecutorial arms of those governments have made clear that they determined that Mr Babar's testimony in that case was not only credible but critical the ultimate convictions secured in those cases."
On Babar's own crimes:
"The Court finds that under the guidelines Mr Babar's offense level amounts to 37 and his criminal history category falls into category VI. The recommended range of imprisonment for an offense level of 37 and a criminal history category are VI is 360 months to 840 months. The probation office has recommended a sentence of 360 months total for counts one through five."
However, because he 'began cooperating even before his arrest' the court found that 'a sentence of time served is reasonable and appropriate'. They even took away the mandatory drug testing that would normally be part of his 'supervised release'.
Curiously, his lawyer's website doesn't list terrorism cases as a specialty, and doesn't list the Babar case as an example of his skill. - http://www.danielollen.com/results/
Keep up the good work.
"As laid out in the government's letter, the defendant has testified previously at four different trials involving numerous terrorism defendants, three trials in the UK and one in Canada. Both governments and prosecutorial arms of those governments have made clear that they determined that Mr Babar's testimony in that case was not only credible but critical the ultimate convictions secured in those cases."
ReplyDeleteThe four cases in which Babar testified on behalf of the prosecution:
Momin Khawaja (Canada, sentenced, later increased to life)
Operation Crevice (UK, sentenced to life)
7/7 Helpers Trial #1 (UK, failed prosecution)
7/7 Helpers Trial #2 (UK, second failed prosecution)
Mohammed Junaid Babar was also the 'star witness' in a trial of another 'Crevice' associated person: Kazi Rahman/Abdul Halim.
ReplyDeleteKazi Rahman, however, was not picked up during the 'Crevice' arrests of March 2004, & was arrested in November 2005, for allegedly attempting to buy (from Mi5) missiles in a cunning 'plot to down aircraft'.
Rahman was sentenced in May 2006, however 'reporting restrictions' were applied to this case & the news of this dastardly non-plot was released in April 2007, once the 'Crevice' verdicts had been announced.
From the linked article 'plot to down aircraft', above, the Telegraph tells us that:
ReplyDeleteThe sting operation came to an end after eight meetings with undercover agents...
Who do you think instigated the 8 meetings, Mi5 or plumber Rahman?
Coercion, or what?!
Patrick O'Connor to corporate spook 'G' on 23 February:
ReplyDelete16 Can I ask you a final question about Babar? You
17 will be aware recently it's come to your knowledge,
18 public knowledge, about Babar being sentenced in
19 New York very recently in December and, it may be you
20 can say, he was sentenced to immediate release and that
21 caused a certain amount of surprise. To you?
22 A. I can't say it caused any surprise to me one way or the
23 other.
24 Q. No, right. You know, bringing it together, that the
25 burden of a certain amount of perhaps speculative
90
1 publicity, but based on bits and pieces, whatever, the
2 burden of a certain amount of recent publicity has been
3 to the effect that Babar might have been acting
4 long-term as an information source for the American
5 authorities for years before his detention in New York
6 in March/April 2004. That's the story, as it were. Do
7 you follow?
8 A. I do.
9 Q. The only reason I'm asking you that is, of course, that
10 if he was, and if such information was passed on to the
11 Security Service, for example, then that potentially
12 could have been a source of vital information about all
13 these activities that we are -- many of these activities
14 we're talking about. Do you agree with that in
15 principle?
16 A. That's a hypothetical question, but, yes.
17 Q. Yes. So I literally ask you one question, then, and it
18 may be you'll be pleased to say this publicly, I do not
19 know.
20 Are you aware of any information which could tend to
21 confirm that Babar had been providing information on the
22 activities of the Crevice plotters and of other people
23 in Pakistan before his detention in New York?
24 A. I am not.
25 Q. Right
From Paragraph #10 of the Syed Hashmi Appeal case note:
ReplyDeleteOn 14 March 2005 Babar signed a lengthy witness statement in the United Kingdom prosecution of R v Khyam and others ("the Fertiliser Bomb Prosecution") arising out of operation Crevice. In March and April 2006 Babar gave evidence for the Crown at the Central Criminal court in that case.
From Paragraph #9 of the appeal of Khyam and others:
On 24th May [2005] Babar entered into a plea agreement [with the US authorities]. On 3rd June he pleaded guilty in the USA to an indictment which included participation in this conspiracy. He [Babar] agreed to give evidence in London at the applicants' trial. On 11th August a summary of his potential evidence was forwarded by FBI to the appropriate security agency here.