Showing posts with label MI5. Show all posts
Showing posts with label MI5. Show all posts

Sunday, 27 February 2011

MI5 taking the PISCES - Part 1

Week 18 of the 7/7 Inquest proceedings from 21st to 24th February was scheduled to hear evidence regarding Preventability issues. The corporate witness for MI5 - Witness G was allocated two days, ACC Parkinson for West Yorkshire Police a day, and the final day was to hear evidence from ex-Metropolitan Police DAC Peter Clarke as well as DS Prunty of SO13. The lead counsel on Preventability issues was Patrick O'Connor assisted by Caoilfhionn Gallagher, both representing the bereaved families.

Witness G was instead on the stand for over 3½ days yet, on critical matters, Witness G claimed to know nothing. For those watching in the press and public annexe, also set-up by De Boers, Witness G's testimony was listened to while staring at a blank screen where the witness being questioned would usually appear. Often nothing was heard in response to questioning as Witness G simply nodded his responses. Noteworthy is that the deferential Hugo Keith QC failed to pull Witness G up on his repeated nodded responses, in the same way he would usually admonish a witness by making the point that the stenographers cannot hear a nod. Also interesting was the apparent appointment of new stenographers -- the live transcriptions come into their own when the microphones aren't working, something which generally occurs when counsel other than Keith interject or begin their questioning -- to replace the usual team owing to the high-security required by MI5 to put Witness G on the stand. This meant we were treated to 'petty criminal' appearing on the screen that carries the live transcriptions as 'pet tea criminal'. There were also long delays before each day's transcripts and adduced evidence appeared on the Inquests public website. In fact, a number of pieces of adduced evidence have yet to appear on the Inquests web site owing to "issues with the publication of these documents" that are being worked through with the American authorities. Unsurprisingly, these document relate specifically to the fantastical case of the FBI's star Supergrass/Informant, Mohammed Junaid Babar.

So how and why did Witness G's appearance get dragged out for 3½ days? Simply because, after being denied permission to make public Witness G's written statements, Mr Eadie, QC for the Home Secretary and the Security Service, decided to force the issue by insisting that G's three written statements be adduced into evidence and published on the Inquests website. Highly irregular behaviour, as pointed out by both Hugo Keith and Justice Hallett, given that G's evidence should be his oral testimony, not prior written statements. Only those pages actually referred to and shown during his oral testimony would go into the evidence published by the Inquests, and it was argued by counsel that this was sufficient as the Inquests had done justice to the written statements in examining each area. Eadie was insistent and informed the Inquest and the many bereaved families present that he would then take Witness G through each page and in that way get the full written statement adduced. Wednesday was expended through little more than G's simple repeated responses of "Yes", "No", "Don't know" and "I agree" to Eadie. The day that should have been available to Patrick O'Connor QC, the advocate to the bereaved, to examine the evidence of West Yorkshire Police was robbed from them in a most cynical way. So too was most of Thursday. The three remaining witnesses were left with a little over three hours in which to give evidence and answer questions. Malfeasant filibustering on behalf of the State indeed.

Evidence

Were these 3½ days useful in terms of evidence? The press picked up on the fact that severely cropped photos of Shehzad Tanweer and Mohammed Sidique Khan were sent to the FBI to be shown to Supergrass/FBI informer Mohammed Junaid Babar in order to identify the members of the 'Crevice Plot'. Khan's photo was so badly cropped that it wasn't even shown to Babar. The ludicrous explanation from G was that the original photo would have shown the covert nature of the photograph and could reveal where it had been taken. Even the deferential Hugo Keith could not allow this explanation to go by unchallenged and asked if it was thought that Babar would be capable of recognising Toddington Service Station. Keith also ventured that one of his progeny could do a better job. Whether the FBI might not have had access to colour imaging systems in 2004 raised another note of disbelief from Keith: "America is not the other side of the moon. The systems must have been in place to allow a colour photograph to be transmitted to America".


By the end of the first day of Witness G's testimony J7 were compelled to write to the Coroner. We sent the following:
On 21 February pm, Witness G gave the following testimony in relation to a subscriber check on a phone number registered to MSK at 49a Bude Road:

Q. Could we have Security Service document SYS11076 [SYS11076-1], please? You have in the last day or two, G, provided some further details in relation to this call?
A. (Witness nods).
Q. The Security Service gave evidence, did it not, to the Intelligence and Security Committee that the calls were in July and August in their entirety, but, in fact, that was erroneous?
A. No. The calls were in July and August as reported in the ISC report. Our error at that point was saying we had done the subscriber check in July and August rather than March.
Q. I understand. So there were calls -- I think the ISC report showed or stated that there were calls in on 19th July, I think 15th August and -- sorry -- two dates in July and a date, 17th August, but it has subsequently transpired, has it not, that there were more calls on 19th July than the ISC understood?
A. Correct.
Q. The call on 17th August was not 17th August, but 15th August?
A. Correct.
Q. So there were some small errors in relation to the dates given to the Intelligence and Security Committee?
A. (Witness nods).
Q. The essence of the calls was this, was it not: that one of the early significant individuals in the Operation Crevice, the operation from 2003 and through 2004, was in touch with a man called Sidique Khan, who gave that address, but that was all it was understood to be?
A. It is not actually right to say he gave that address. That was the subscriber address for the telephone.
Q. If a check had been done, if a check had been done, and I am not suggesting that that single call necessitated a check, it would have shown that there was a person in touch with Mohammed Qayum Khan called Sidique Khan of 49A Bude Road?
A. That was a subscriber to the phone, yes.
Q. Operation Crevice, which included this man Mohammed Qayum Khan, gave rise to thousands upon thousands of what you have described earlier as call events, data events?
A. (Witness nods).

What explanation is there for a subscriber check on 11/03/2003 - 6 months before the phone call from 'Q' to a phone registered to MSK at 49a Bude Road in July 2003? 11/03/2003 would appear to be prior to the date of 'late March 2003' given for the start of Operation Crevice in the ISC II report.

J7's question was put to Witness G the following day and his response elicited another missive from J7 to the Inquests:
J7 appreciate that the Inquest team examined our query in relation to the subscriber check on the MSK phone 49a Bude Road carried out on 11 March 2003.

This response from Witness G to the question in relation to the subscriber check being carried out in March 2003 was due to the MSK phone number appearing on Mohammed Quayyam Khan's billing prior to the beginning of Operation Crevice.

Q. You told us that one of the other investigative links to the man called Sidique Khan was the subscriber check on 11 March 2003 which showed that a phone was registered to his name and the address at 49A Bude Road, we know subsequently to have been the Iqra bookshop, and you, therefore, would have been able to assess that one of the calls made in July and August by Mohammed Qayum Khan, one of the participants in Crevice in the early days, was to that name and address?
A. (Witness nods).
Q. Why was a subscriber check being done in March if the calls from Mohammed Qayum Khan were not until July and August?
A. Because, at that point, we were reviewing earlier billing on Mohammed Qayum Khan on which that number came up.
Q. Oh, I see, so the Crevice operation, having started earlier in the year, had meant that there were checks from the very beginning going on in relation to calls made by the participants --
A. That's correct.
Q. -- which is why a check was made in March?
A. That's correct.
Q. So Crevice started long before July and August, towards the early part of 2003, in fact.
A. In the early part of 2003, yes.
Q. Before 11 March, presumably?
A. Yes, I can't remember the exact date, but certainly before then.
Q. But logically, it must have been before.

The ISC II report detailed timeline p58 makes the claim that the date of 13 July 2003 is significant in relation to MSK "as data from a mobile phone associated with MQK shows a number of calls with a telephone number MI5 had not seen before..... MI5 cannot match the name Siddique Khan with any on their databases and the contact is not investigated any further".

Do we now know that MI5 had seen this number before and the name MSK was presumably recorded in their databases from the check carried out on 11 March 2003? Why did the check on 13 July 2003 not flag this contact up?

This point was, sadly, clumsily handled by the seemingly pressurised O'Connor, who was faced with a mountain of evidence with which to question Witness G and a very short time allocated to him on 23rd February in which to do it:
Q. Could I go to a different topic, please, tab 7 in our core bundle? That is the subscriber check on 11 March 2003. This was kept on Security Service files, was it?
A. On Security Service records, yes.
Q. It's the -- I should identify it. It is SYS11076 [SYS11076-1] it's a subscriber check on 11 March 2003. I'll take you to the reference, if you wish, but ISC2 records when Crevice started as being late March 2003. Do you follow? I'll take to you the reference. It's page 57 in the hard copy, so page 64 of ISC2 which is INQ8305 [INQ8305-63]. Do you see there's a time-line there?
A. I think I have a different one up.
Q. Late March 2003. Is that not -- I'm not saying it's a big error, but is that somewhat in error, then?
A. Well, that would be my view, yes. I mean, having looked at the early part of Crevice, I would have put it a little bit earlier than that.
Q. So that this document falls within Operation Crevice?
A. Yes.
Q. If we go to the next page in the ISC document, so that's page 65 , halfway down the first paragraph, 13 July 2003, if you glance down the first few --
A. I think we're working to different references. The 65 --
Q. I said page 65. It's page 64 [INQ8305-64], I'm sorry, I'm adding seven -- that's what I've been consistently doing, if I'm wrong, I'm wrong. Page 64, then.
A. 13 July 2003, yes, I've got that.
Q. Yes, now, if you please glance down it, but if you go four or five lines down, it says: "MI5 cannot match the name 'Siddique Khan' [spelt with two Ds] with any in their databases ..." Do you see that?
A. Yes.
Q. Now, you had this telephone subscriber check in your records?
A. Yes, as I explain in, I think, my second statement, or possibly my third, the ISC is in error here because we didn't brief them correctly.
Q. Do you think you didn't brief the ISC correctly because there are two Ds rather than one? Do you see? You're checking, in July 2003, a number against Siddique Khan, two Ds, so that somebody has said, maybe accurately, that MI5 couldn't match Siddique, with two Ds, Khan?
A. No, we didn't brief them correctly because we'd misunderstood what our own records said and believed that this 11 March 2003 date for the check was an error and should have said July, but our reinvestigations recently confirm that 11 March is correct.
Q. So it's not that your systems were flummoxed by there being two Ds rather than one?
A. That's not relevant for the system we're talking about here. The error was ours in assuming that the 11 March date on this document was incorrect when it was, in fact, correct. [23 02 2011 p7:63]
If the honest intent of Witness G was to genuinely assist the Inquest process, he could have chosen to clarify quite why MI5 failed to pick up the name 'Sidique Khan' when searching on the phone number, rather than his name, and also why they claimed to the Intelligence & Security Committee that their checks in July 2003 failed to access and include the recorded March 2003 subscriber check held on their database. Instead, another question has been added into the mix: From where did the Siddique Khan name with two ds originate?

What is blatantly clear from this exchange, apart from the ISC II report being littered with errors, is that in July and August 2003, MI5 knew full well that Mohammed Quayyum Khan, aka 'Q', was in contact with at the very least the Iqra bookshop and, potentially, also in contact with Mohammed Sidique Khan. Given that intercept evidence cannot be used or referred to in proceedings, considered RIPA evidence, there is of course the question of the bugging of 'Q's phone and the fact that there was presumably full knowledge of precisely what was being said. Intercept evidence from phone bugging -- as used extensively during Operation Crevice -- is very likely the untouchable subject referred to in another dead-end exchange between O'Connor and Witness G:
Q. Can we find from here, therefore -- I'm not asking you for anything confidential, but in broad terms -- a pattern of mobile phone use between Mohammed Sidique Khan and Omar Khyam in the lead-up to each of these meetings?
A. Yes, that's fair.
Q. Good. That's what I thought I detected. I'm not going to go behind the redactions.
A. I would be grateful if you didn't.
Q. No, I'm not going to. So obviously somebody has, and you have, reviewed what is the sensitive aspect of this and what is in this document and what's been redacted. Can I ask you this, though, because it's obviously not sensitive that there is this pattern, do you understand: was there similar contact before 21 February 2004?
MR EADIE: My Lady, that's very problematic, or it may be.
MR PATRICK O'CONNOR: Why? It's the same principle. Why is this more secret than what the witness has accepted?
LADY JUSTICE HALLETT: I think you'd better allow Mr Keith or Mr O'Connor to whisper certain letters in your ear, Mr O'Connor.
MR KEITH: We can't whisper anything, I'm afraid, because that would be equally impermissible.
LADY JUSTICE HALLETT: If supposing, though, that something existed ...
MR KEITH: Could my learned friend ask the question and then we will reassess or rephrase it and then we will see where we need to go thereafter?
MR PATRICK O'CONNOR: Fine. My Lady, what I'm very happy to do is I will rephrase it, just on my feet, and then leave it, everyone can think about it, perhaps speak to me in general terms over the luncheon adjournment and that's it.
....
LADY JUSTICE HALLETT: Anyway, try the question again to see whether we can avoid offending any of my rulings, statutory instruments, Parliament Acts, whatever.
MR PATRICK O'CONNOR: Was there any mobile phone contact between a mobile phone attributed to Mohammed Sidique Khan and a mobile phone attributed to Omar Khyam which took place on 20 or 21 February 2004?
A. My Lady, for the reasons you've identified, I don't know whether I can answer this question. [ibid p67:21]
Passports Pakistan and PISCES

One of the other issues examined in relation to Mohammed Junaid Babar was a statement he gave in April/May 2004 regarding meeting with certain members of the 'Crevice plot' at Islamabad airport in June and July of 2003. It was plain that the two men Babar identified as 'Ibrahim' and 'Zubair' could have been identified by accessing the travel information between the UK and Pakistan of Jawad Akbar who was already in custody after the 30 March 2004 Crevice arrests and whose passport details were known. Again J7 were compelled to communicate with the Coroner and Counsel and sent the following communication when Eadie and 'G' sought to confirm how difficult such a process would be:
On 23 February, Mr Eadie questioned how information on travel to and from Pakistan could be acquired by the police:

22 Do you also know -- and, again, say if you don't and
23 we can do some further research -- how the information
24 about Mr Akbar's travel was actually acquired by the
25 police?

90

1 A. I do not, no.
2 Q. You don't know what level of detailed work, diplomatic
3 efforts and mutual legal assistance, treaty requests,
4 had to be made to secure that information?
5 A. I do not, no.

Yet on 19/07/05, 3 days after the formal identification of MSK, the media were able to report all the details of Khan & Tanweer's travel to and from Pakistan including stopovers in Turkey, flight numbers and images from PISCES from November 2004. Passport numbers were also released.

Daily Mirror 19/07/2005

The opening statement of the Crevice trial stated:

86. This is a Time Chart or Time Line. It has, as you will see on the front page, a line alongside each defendant and some other individuals who feature. The purpose of the chart is to indicate, so far as records are available, entry into and departure from, Pakistan. If we go to page 7 for example, we find we are in the period June and July 2003. That was, you may remember, a period of some significance because according to Babar, that was when the Malakand training camp took place.

87. Against that background we see Khyam and Garcia are indeed in Pakistan. If we go back to page 6 we see Khyam arrived on 7 May; if we go back to page 5 we see Garcia arrived on 10 February. Reverting to page 7 we see Shujah arrived on 27 June, with his digital scales you may recall.

88. Jawad Akbar arrived later on 25 July and Khawaja a little earlier on 16 July - they attended later than the first batch you will recall. This chart is dependent upon records - passports and a system called PISCES which Pakistan had introduced only in the last two or three years and not at all airports. Accordingly the records may not be complete and may not cover someone - Amin may be an example - who has been in Pakistan on a long term basis.


As indicated above this information was gathered by the use of passport numbers and PISCES without the use of flight manifests.
J7 could also have detailed an even earlier report that appeared in the Times on 18 July 2005 which also revealed these flight details, and it would be interesting to know The Times' source for this information, particularly if the source was, as is likely, the security services.

Taking the PISCES

PISCES is a system set up in Pakistan by the FBI/CIA to enable live monitoring of passengers through Pakistan's airports. A Times of India report details the link between PISCES and FBI/CIA systems:
The Personal Identification Secure Comparison Evaluation System (PISCES), an automated border control system, is being implemented in 20 ports of immigration in Pakistan.

According to latest information, all points of entry and exit in Pakistan would have PISCES system by Dec 31, 2004.

PISCES is being installed in over a dozen high risk countries of the world at America's instance. However, in Pakistan's case, Timesofindia.com has detailed American plans showing that PISCES is being linked up to Pakistan's internal national information making the situation much more complex.

According to the Mission Performance Plan set by the US embassy in Islamabad, America is presently involved deeply in prodding and forcing Pakistani authorities to develop national intelligence and criminal databases which did not exist till 2001.

Surprisingly this database is linked to the PISCES border control system which is in the hands of US officials.

In the mission document targets, by 2004 end the PISCES system would be "fully operational and integrated with National Crisis Management Cell's intelligence and investigative database".

In 2003, the US embassy was aiming to develop "fully functional intelligence and investigative database" link between provincial Crime Investigation Departments and National Crisis Management cell".

And in 2003 itself, the American plan reveals: "intelligence and investigative database linked with other similar programs, including PISCES border control system."

Startlingly, only in 2005 will Pakistan assume "responsibility for continued operation of PISCES system."

Till then, the US counter-terrorism officials would have control over the sophisticated system that not only records details of every person leaving or entering Pakistan, but would also transmit these details to the central servers of FBI and CIA back in the US.

Details of PISCES installation are detailed in the Mission Performance Plan for 2004, prepared about a year after 9/11 in 2002, and in possession of Timesofindia.com .

Besides PISCES, thousands of closed circuit television networks are being installed across Pakistan.

Over the last two years US policies regarding Pakistan have been unfolding as scripted in the Mission Performance Plan for 2004.
An article on the implementation of PISCES in Malta in 2004 claims:
FBI may have its bugs on Malta’s arrivals and departures

The information on travellers collected by the Personal Identification Secure Comparison and Evaluation System (PISCES), donated to Malta by the United States, is liable to be shared with the Federal Bureau of Investigation’s database and other intelligence agencies, according to a report by the US Congressional Research Service seen by MaltaToday.

PISCES, a $1.5 million (Lm700,000) software package which forms part of the US Department of State’s Terrorist Interdiction Programme, is designed to monitor and restrict the movement of terrorists and other criminals across borders by making real-time comparisons of photographs and other personal details with the FBI database, and analyse traveller information to identify and intercept terrorist suspects.

Malta is in fact the only EU Member State to have allowed the installation of PISCES at all its transit points, namely Malta International Airport, the Sea Passenger Terminal, Ta’ Xbiex Marina and the Gozo ferry terminal.

According to a US Congress report seen by MaltaToday on Pakistan-US Anti-Terrorism Co-operation, PISCES can make “real-time comparisons of photographs and other personal details with the FBI database in order to track the movements of Islamic militants”, as well as containing data on worldwide bomb explosions.
Strange how such a major counter-terrorism system has failed to reach the ears or eyes of as senior a member of MI5 as Witness G:
MR PATRICK O'CONNOR: Right. Was there any system of record-keeping -- it wasn't the Border Agency then, I don't think, in 2001, 2004, 2005, 2003 -- but was there any system of record-keeping -- bare record-keeping -- of departures and arrivals at UK border points?
A. I'm afraid you'd need an expert from the Home Office or the Passport Office or whatever, but my view, based on my limited knowledge of these things, is that they were not, at this time, recording departures from the UK routinely of British citizens, but that is not a certain answer, Mr O'Connor.
Q. Right. Have you heard of something called Operation Theseus?
A. I have.
Q. Is that a system run by the Pakistani -- Pisces, I'm getting muddled.
A. I haven't.
Q. You haven't heard of Operation Pisces. So I can't ask you anything about that?
A. I'm afraid you can't, no.
Q. Right. I'll state the point, because, my Lady, I'm not being as clear as I might be. The proposition is that the Pakistani authorities, from at least 2002, kept a record of arrivals and departures through all the major airports, including Islamabad, which is the relevant one, and the Security Service has a close liaison partnership with the Pakistani authorities, doesn't it?
A. The UK authorities do, yes.
Q. Is it right that if you asked or instigated a request from the Pakistan authorities for information from any such system, you would expect it to be answered cooperatively by the Pakistani authorities?
A. I don't know, to be honest, Mr O'Connor. It would depend what the question was.
Q. This is not a highly sensitive piece of information to pass to the Security Service here, is it?
A. It really would depend on what the piece of the information was and how the Pakistanis felt.
Why would Witness G choose to claim no knowledge of PISCES in 2011, some 7 years after its implementation? Why would he choose not to assist counsel for the bereaved families by outlining what is commonly known about this system? Frankly, if Witness G is unaware of the PISCES system then he is in the wrong job.

Mr Eadie began the afternoon of the final day's hearing on Preventability by submitting a supplementary response from Witness 'G' into the proceedings which only led to more obfuscation of the issue about whether PISCES was easily accessible and how data from it was accessed in respect of Jawad Akbar's travel to Pakistan:
MR EADIE: Witness G, have you, overnight, had cause to have some researches conducted into what we are calling the manifest point?
A. I have.
Q. Is the product of those researches contained in a --
MR KEITH: It's on the system, if my learned friend needs it, at temp 2.
MR EADIE: Can we have that up on the screen, please [SYS-manifest document]? I don't know if we can blow that up a little. It's not very legible. G, I want particularly to focus, if I may, on paragraph 3 of that document, taking the rest of it as read, as it were. So far as that is concerned, is it your understanding that a formal request was made by the Metropolitan Police post-arrest in order to obtain details about Akbar's travel?
A. It is my understanding.
Q. What was the date on which that request was made?
A. June 2005.
Q. When was a response received from the Pakistani authorities in relation to that?
A. That was received in September 2005.
Q. Is that the date we see in subparagraph (d) of paragraph 3?
A. It is.
Q. In order to produce that result, had the Pakistani authorities simply gone to an airline and got the manifest details with a list of all the passengers?
A. They had not.
Q. What had they gone to?
A. They had interrogated their system, Pisces.
Q. What does that give you?
A. Pisces, as I understand it, is a central system operated by the Pakistani authorities which will offer a date and time of passing through immigration control for named individuals, not flight manifests.
Q. As part of that, as we see from paragraph 3(a), the form in which that request was made was by way of a request for mutual legal assistance, was it?
A. That is correct.
Q. The response that came back was, what? It was in the form of a statement, according to 3(c). Is that right?
A. That's my understanding.
Q. That gave a flight number and carrier and route?
A. That is correct.
Q. As a result of that, the Met made further enquiries; yes?
A. That's correct.
Q. Those are set out in subparagraph (e) of paragraph 3. Is that right?
A. They are.
Q. As a result of that, because those enquiries were carried out after the 7/7 attacks, it was by that date known that Ibrahim was, in fact, MSK. Is that right?
A. That is correct.
Q. It was through that route, and that route only, that they arrived at MSK being on that flight?
A. That is correct.
Q. Could we go to the next page, please, on the screen? Is the point that is the core point that's being made in paragraph 4 that SYS wouldn't have had any reason, prior to March 2005, to make a any sort of similar request to the Pakistani authorities? Why is that?
A. Because we wouldn't have required that for intelligence purposes, unlike the Met requiring it for evidential purposes.
Q. What's the significance of the March 2005 date?
A. In March 2005, that's when we received the additional information from Mohammed Junaid Babar.
Q. If you had made a similar request, does paragraph 5 then set out the additional steps that you would have needed to take in order to achieve an identification result?
A. Yes, I think that's correct.
Q. Paragraph 6 looks, unless I'm missing something, to be something of a repetition of what we've already seen in paragraph 3: namely, the date of the request by the Met and the date on which the response was given. Is that right?
A. Yes, that's correct.
Q. Then in paragraph 7, you deal with the most likely mechanism for seeking to establish the identity of Ibrahim, which was through photographs. Is that right?
A. That's correct.
Q. Rather than this sort of, as we now know it would have to have been, convoluted process?
A. That's correct.
Q. In any event, paragraph 8 is dealing with whether or not you had enough specific details at the time to make a sensible interrogation of the Pakistani authorities even assuming that time and everything else permitted?
A. That's correct.
MR EADIE: I'm grateful. Thank you, Witness G. [24/02/11 p1:19]
Witness G is claiming that a multi-million dollar system installed by the US could not have been accessed simply through searching for a passport number or a known flight number and/or date for the passengers that had passed through, despite all this information being stored by the system. 'G' also claims that this could only be accessed through the hard copy of Javad Akbar's passport which showed an entry stamp for 25 July 2003. This hardly answers how Mohammed Siddique Khan's and Shehzad Tanweer's flight details were printed in the Times just 11 days after 7/7, on 18 July 2005.

Not to be deterred O'Connor attempted one last time to clarify how PISCES could have been interrogated to enable the identification of 'Ibrahim' and 'Zubair' between March 2004 and July 2005. This exchange also reveals some of the assumptions that Justice Hallett is content to make over this issue and is a cause of concern in anticipating how she will rule and on what basis at the end of these proceedings, which should only be on fact and evidence not assumption. It also reveals some of the frustrations and tensions that have built up over 'G's extended appearance and the pressures that have arisen in the short time allowed for Mr O'Connor to make essential points to the Inquests:
Q. Finally, this gist gives us a helpful indication through other enquiries that were made about the time lag that in fact happened between the enquiry of the Pakistan authorities in June 2005, about Akbar, and the witness statement being produced on 6 September 2005. Do you follow?
A. I do.
Q. Query, do you allow the receipt of the formal witness statement may not actually reflect precisely the receipt of the bare information. It's possible that was communicated --
LADY JUSTICE HALLETT: Wait a minute, Mr O'Connor, I'm sorry, I'm stopping you here. This was a request made by UK authorities after London had just been blown up.
MR PATRICK O'CONNOR: Oh yes, yes, yes.
LADY JUSTICE HALLETT: You cannot ask me to find as a fact that you'd have received the same kind of rapid cooperation if some kind of request had been sent years before in relation to somebody they didn't really know much about. I'm sorry, that is not a good point and I am not going to allow you to pursue it.
MR PATRICK O'CONNOR: My Lady, the point is, in fact, the opposite. This is my last question, my Lady, and I have a document to go to, so we're talking about, once I ask this question --
LADY JUSTICE HALLETT: All right, carry on.
MR PATRICK O'CONNOR: My Lady, may I explain why it's the opposite? Because it's the very fact that Akbar is in custody and the authorities had this information from his passport anyway, as this gist points out. So this enquiry was not actually urgent and, by contrast, the enquiry about Ibrahim was because he's free and potentially a threat. Does my Lady see the point?
LADY JUSTICE HALLETT: Mr O'Connor, unless I'm going to ask Witness G to take me through the kind of time-lag you get from requests to foreign countries we will be here for, I suspect, days. I have done a number of cases involving requests to foreign countries. I suspect you have too. And the response from foreign countries varies enormously, depending on the circumstances, both in our country, in their countries, and their response. I am not going to enable you to make a bad point without saying to Witness G: go away and get me the evidence about the average response time to an ordinary request to Pakistan.
MR PATRICK O'CONNOR: My Lady, I'm sorry, but the tension between us at this moment is entirely a result of the way this morning was very substantially expended without very much product. My Lady, I would like, please -- there is going to be no such explanation as you fear. There is one document which illustrates my point very simply and clearly. Can I ask for it to be put up, we'll see it and we'll see the time-lag?
LADY JUSTICE HALLETT: You can ask for it to be put up, because I'm going to let you just have this one last piece of leeway. If you describe a tension, it is because parties -- wrongly, in my view, and wrongly in law -- have been treating these proceedings as if they are adversarial. They have been accusing Counsel to the Inquests of asking questions with a particular motive in mind.
MR PATRICK O'CONNOR: We haven't, my Lady.
LADY JUSTICE HALLETT: Mr O'Connor, may I finish, please?
MR PATRICK O'CONNOR: Yes.
LADY JUSTICE HALLETT: They act for me and they do not take sides, and if tension is arising in these proceedings, I attribute it solely to the way some parties have been treating these proceedings. So could we please all allow the temperatures to calm or to lower and for everybody's tempers to calm down and to focus on the issues which can properly be put to the witnesses. Right, you have two minutes.
MR PATRICK O'CONNOR: Could we please have [INQ9398-2] up,please? Could it be expanded? Do you see this is a Pisces answer to a request for information?
A. So it appears to me. I'm not familiar with these.
Q. You see that it is a reply of 22 August 2005.
A. Is that in the top right, Mr O'Connor? I can barely read it.
Q. I agree. Do you see "Available query particulars, query date 22 August 2005"?
A. Yes.
Q. And you see "deputy command", blah blah blah,"Islamabad, through Pisces via letter", blah blah blah, "dated 22 August 2005"?
A. No, I'm afraid I can't read the second bit, but I'm assuming that is what it says.
Q. That is what it says. Do you agree this query is very likely to have been sent after the 7 July bombings, there's no reason for it to have been sent before?
A. It is likely, but I do not know.
Q. If this answer -- I've asked Mr Hill to help us on this, and Mr Hill is nodding, my Lady, I asked him earlier today to save time -- but if this answer is dated 22 August 2005, it shows that there's a time-lag of some six weeks or so, seven weeks perhaps. Is that right?
MR HILL: Can I help?
MR PATRICK O'CONNOR: Thank you.
MR HILL: Request made on 1 August, answered on the 22nd.
MR PATRICK O'CONNOR: Three weeks. My Lady, I apologise for going beyond the two minutes, but it has established something which is informative and takes us well, well, well beneath the four months appearing in this gist in relation to those other enquiries. That's all I ask. Thank you. [ibid p8:10]


This still doesn't explain how the Times was reporting this information on 18/07/2005 when the Metropolitan Police Service hadn't received this response until 22/08/2005!

In a final desperate bid to get clarity on the issue of being able to know - in the case of someone who is suspected of involvement with terrorism - their movements in and out of the UK without the use of intrusive action (as claimed by 'G' in point 8 of this witness statement) O'Connor makes an appeal to Justice Hallett for this question to be asked of the Security Services:
MR PATRICK O'CONNOR: The ideal answer would be: with the passport number and date of birth of a terrorism suspect we can tag that passport number and name and date of birth on a computer system and, when somebody travels -- I know I'm not going to get this, but this is the ideal -- when somebody travels, leaves Heathrow and arrives in Pakistan, we know about it. Now, I can't be told all of that, but the thrust and common sense of it is: actually, we have a facility which is regularly used, which can easily be used, not intrusive actions at all, whereby we can monitor the movements of terrorism suspects. Now, my Lady's, I'm sure, got the point, it can be formulated much better than I've formulated it now.
LADY JUSTICE HALLETT: For a start, before anybody goes off with the idea that is the case --
MR PATRICK O'CONNOR: Yes, I agree. I --
LADY JUSTICE HALLETT: Pause. We don't know that that was the case back in 2004/2005, and we don't know whether the kind of actions you're describing do come within the kind of material which the authorities would rather I dealt with in closed session.
MR PATRICK O'CONNOR: I understand. That precise, detailed information could well raise public interest immunity issues, but some piece of information, which will assist my Lady to reach a fair conclusion as to the facility with which that kind of tracking could be done at the time without setting out how it was actually done, and the way the state of play at the moment is, well, it's all disproportionate and may involve intrusive actions and really it's not really on.
LADY JUSTICE HALLETT: Right, so the question would be: was there an ability to monitor the international travel of Mohammed Sidique Khan by name --
MR PATRICK O'CONNOR: Yes.
LADY JUSTICE HALLETT: -- and passport number?
MR PATRICK O'CONNOR: Yes. [ibid p113:5]
J7 suggest that the actual answer as to whether a known suspect can be monitored on entry or exit from the UK will be a resounding 'Yes' - especially when travelling to or from Pakistan. That was, after all, one of the primary requirements for and functions of PISCES intended to benefit the Intelligence agencies. Where this information will matter is when DCS McKenna of the Metropolitan Police gives evidence about Operation Theseus on 3rd March as the final witness to face the 7/7 Inquests.

J7 asked in our submission to the Inquests quite how Mohammed Junaid Babar was able to enter and exit the UK at least 3 times without coming to the attention of the Intelligence Services. This brings us on to the issue of the FBI and possible CIA involvement in Operation Crevice.

The FBI


Peter Taylor Report, BBC News from J7 Truth Campaign on Vimeo.

From 11 February 2004 an Executive Liaison Group met daily to discuss Operation Crevice, these meetings were chaired by DAC Peter Clarke. As reported by Peter Taylor in the news report embedded above, there was constant live intelligence shared between the FBI and their counterparts in the UK and we suggest this also included input into these ELG meetings. If Mohammed Junaid Babar was not working for the FBI in February 2004 what precisely merited the involvement of the US in what was perceived to be a domestic threat to the UK by UK citizens?

Part II to follow

Friday, 18 February 2011

McDaid Who?

"McDaid who?" would be the majority of people's response if you mentioned the name McDaid in connection with the events in London on 7th July 2005. Yet Martin 'Abdullah' McDaid is a name that has emerged recently at the 7/7 Inquests. Due in no small part to the following section of the submission on 'Preventability' that J7 prepared and dispatched to the Inquests' coroner and counsel:
HELL'S ANGELS, THE TARTAN TALIBAN, AND THE SBS

A former Hell's Angel who worked at the Iqra bookshop in Leeds, Martin Gilbertson, claims that the most vocal of all those he worked with was not any of the four accused but a white convert to Islam; ex-SBS soldier and anti-terrorist operative Martin 'Abdullah' McDaid. Gilbertson said,
“Martin 'Abdullah' McDaid did most of the talking, most of the ranting and raving; and as an ex-Marine, he knew about matters military.”24
Given his background, McDaid has featured surprisingly little in connection with the story of 7/7. McDaid's apparent volte-face conversion from one of the highest levels of Defence of the Realm to 'radical Islamism', is still something of an unexplained and largely uninvestigated mystery. Also in close proximity to the four accused is another white convert to Islam, James McLintock, also with links to the Iqra bookshop. McLintock is a former fighter with the Mujahideen, also known by the Islamic name Mohammed Yacoub/Yaqub, and who has been arrested on separate occasions “on suspicion of terrorist activities”25, usually in the vicinity of Afghanistan/Pakistan border.

Have any of these individuals been questioned by police in connection with 7/7?

Gilbertson told a Guardian journalist,
“I spent a lot of time repairing their PCs, and clearing viruses they had picked up from Jihad websites, put there, I think, by the Americans. When the Jihad sites were closed down, they were often replaced by pornographic sites, again - I think - by the Americans. At one point, the police took McDaid's Laptop computer and stripped it down - I had to repair it. Naveed also had his home computer taken by the police, and I helped him build a new one.”26
In a separate interview with BBC Newsnight's Richard Watson, Gilbertson revealed that the seizure of computers happened in early 2004.27

Why has there never been any mention of the police seizure of computers from the Iqra in early 2004? When did this raid take place? What prompted the raid? What information and data was garnered from these computers and how was it acted upon?

Footnotes
24 'When I heard where the bombers were from I felt sick' | Special reports | Guardian Unlimited
25 Profile: James McLintock - Times Online
26 'When I heard where the bombers were from I felt sick' | Special reports | Guardian Unlimited
27 YouTube - 7.7 London Suicide Bombers


Martin 'Abdullah' McDaid

Martin Gilbertson's claim that he was so concerned about the goings-on at the Iqra bookshop in Beeston -- a claim which played out in the media to include Mohammed Sidique Khan and Shehzad Tanweer -- that he contacted West Yorkshire Police in 2003 was thoroughly discredited by counsels to the Inquests, the bereaved and West Yorkshire Police. Gilbertson's statements to the police, one of which was taken over two days in a hotel because Gilbertson 'feared for his safety', and his testimony to the Inquests, came under close scrutiny and sustained attack until he was eventually asked by Mr Beggs, counsel for West Yorkshire Police:
Q. Is that because, Mr Gilbertson, the sad truth is that you are an egocentric self-publicist, a fantasist, exaggerator, speculator, irresponsible individual?

Whether Gilbertson did or did not attempt to warn West Yorkshire Police in 2003 about the Iqra bookshop in Beeston is truly a red herring, particularly if information revealed to the Inquests during his testimony is correct. Hugo Keith informed Gilbertson and the public of the following:
Q. It's a significant issue, Mr Gilbertson, you must be aware, because although it's perhaps less important now because my Lady and the parties in these proceedings are now aware that McDaid was known to the Security Service and West Yorkshire Police since at least 1998, and suspected of being involved in extremist activities since then, you have alleged repeatedly, outside these proceedings, to the press and elsewhere, that you attempted to bring your concerns about radical extremism to the attention of the police.[ibid p52:8]
West Yorkshire Police and the 'Security Services' knew all about Martin McDaid and Iqra, so why the need for this farce? Instead of the media covering Gilbertson's 'warning West Yorkshire Police' over the 5½ years since 7/7, why haven't we been hearing about what they already knew and what they had apparently known for some 7 years before 7th July 2005?

When the BBC's Richard Watson was interviewing Martin Gilbertson for one of Watson's regular 'jihadi network' Newsnight pieces, why wasn't he asking about McDaid or at least contacting West Yorkshire Police or his many contacts inside MI5 to ask them what was already known? Why the cover-up and why the secrecy?

Martin Gilbertson interviewed on Newsnight. from J7 Truth Campaign on Vimeo.

Richard Watson reporting on BBC Newsnight 9th May 2007.


Mark Hargreaves, a youth worker who gave evidence to the Inquests prior to Gilbertson, described how he began working with Martin McDaid in 2001, as well as a previously unmentioned individual, Max Gillespie also known as Abdul Rahman:
Q. In your statement to the police, you describe how, when you did start to work with them at Tempest Road, you worked in a room in the rear of the building and you saw hateful, deeply offensive pictures and videos, and these were shown to you by the person you knew to be called Martin McDaid. Is that right?
A. Yes.
Q. Did you see where this material was coming from or where it was going?
A. As far as where it came was concerned, I have no idea, but there were a number of times when they told me they were travelling of a weekend to other cities to distribute this material to other Iqra bookshops indeed.
Q. When you say they told you, who were they?
A. That would be Martin McDaid and Max Gillespie, who was also known as "Abdulraqman"*.
Q. Did you gain any understanding of where precisely the material was being distributed, which parts of the country, for example?
A. Two that I recall clearly. One was Glasgow and the other one was Birmingham. [ibid p6:16]

Q. In summary, you describe in your statement how it was obvious to you that this individual, McDaid, was whipping up hatred. Is that a view that you adhere to now, you're still of that view, that that was what was being done?
A. Yes, definitely. [p13:4]
* the name given by Hargreaves was definitely Abdul Rahman
Rewind to the outlining of Preventability issues at the Inquests and Martin McDaid's name is first mentioned in connection with Beeston and Iqra by Hugo Keith on 2 February 2011:
My Lady, may I now turn to the issue of preventability? This issue concerns whether the atrocities on 7 July could reasonably have been prevented by way of some sort of intervention by the Security Service or the police, in essence the state. [p88:20]

.... West Yorkshire Police to a number of people, including a suspected extremist called McDaid on account of their joint attendance at a training camp in the Lake District in January 2001. Mohammed Sidique Khan had also attended the camp and a photograph was taken of him but a source to whom West Yorkshire Police subsequently showed the photo failed to recognise or identify him. Some time after the camp, in April 2003, McDaid was seen briefly to get into a car that subsequent checks established was a car registered to a Mr Sidique Khan of 11 Gregory Street. [p98:1]
This at least fills in some of the redactions (perhaps) in the ISC II report:

A joint West Yorkshire Police and MI5 operation named Operation Warlock was active in the area from at least January 2001. Although McDaid was known to MI5 and West Yorkshire Police as far back as 1998, the two people we can surmise from Inquests evidence that were under surveillance were Tafazal Mohammed and Martin 'Abdullah' McDaid. This is the same Tafazal Mohammed that set up and ran the Iqra bookshop and learning centre at which ex-SBS McDaid was 'whipping up hatred'. Did West Yorkshire Police and MI5 really need Gilbertson's DVDs and evidence to know what was going on there?

According to the ISC timeline above, checks were carried out on Khan's BMW on 16 April 2003 after he was seen giving a lift to the 'known extremist' McDaid. Khan was assessed as having no significance following a two day joint West Yorkshire Police/MI5 surveillance operation, Operation Honeysuckle, which ran on 14/15 April 2003. By coincidence. or perhaps not, the very same date a camping trip run by Max Gillespie/Abdul Rahman, and attended by at least Tafazal if not McDaid also, took place:


Were photographs taken of this camp in the same way that they were during the 'Operation Warlock' Lake District camp in 2001? Note that Operation Warlock apparently failed to identify Mohammed Sidique Khan, despite the image below, seemingly excised from video surveillance footage captured on a 3-hour long tape.


Information garnered during 'Operation Honeysuckle' was adduced in a summary prepared for the Inquests by West Yorkshire Police. The summary identifies 49 Bude Road, the Iqra bookshop and charity, and shows the association with McDaid is clearly known:


The West Yorkshire Police summary also highlights that the charity registration details and the trustees of the Iqra charity were investigated. Mohammed Sidique Khan was an Iqra trustee in 2003, so once again his name was also known:


Information passed to J7 revealed that the 'security services' tipped off a newspaper in 2002 with information about Martin McDaid. Although the original article is not available online, it was referenced in a Times article of June 2006 which examined Gilbertson's story:
Contrary to the government’s claims, this hotbed of extremism had not gone unnoticed by MI5. In early 2002 a source within the security services was sufficiently concerned about McDaid to tip off a journalist on this newspaper about him. The source alleged that young Muslims were being taken on outdoor pursuits courses as part of training for possible terrorist attacks. Inquiries were made but nobody in the local community was willing to talk.
The tip-off was that McDaid, the ex-Special Boat Service soldier cum 'radical' 'extremist' convert to Islam, was training people in the countryside. However, the security services refused to provide a picture of McDaid to accompany the story, suggesting that the security services were happy for the legend about a 'Muslim' 'extremist' "training for possible terrorist attacks" to be known, but without anyone being able to identify him by appearance. J7's source believes that McDaid's name (without an accompanying identifying photograph) was only passed to the newspaper to provide cover and credibility for McDaid within the local community.

From the ISC report we also note that between Operation Warlock (2001) and Operation Honeysuckle (2003) another operation began in late March 2003. This was Operation Crevice, which was to lead, a year later, to the arrests and prosecution of the 'fertiliser bomb plot', a prosecution in which Mohammed Junaid Babar played a central part by testifying against the accused. At around the same time (Spring 2003 according to the Metropolitan Police Service) Mohammed Junaid Babar was engaged in his second trip to the UK during which he apparently met with Mohammed Sidique Khan in Leeds. This was in April 2003 according to Hassan Butt. Who else did Mohammed Junaid Babar travel to Leeds to meet? Was Babar in the locality around the time of Operation Honeysuckle, the 14-15 April 2003?

Operation Crevice was initially and apparently an investigation into Mohammed Quayyam Khan aka 'Q'. J7 also highlighted the dubious credentials of 'Q' in our submission to the Inquests regarding issues of Preventability:
During the 2007 trial of the Crevice suspects, it was claimed that the mysterious figure known as 'Q'7, later identified as Mohammed Quayyum Khan, had recruited both Mohammad Sidique Khan and Omar Khyam; the latter of whom is the alleged ringleader of the fertiliser bomb plot investigated via Operation Crevice. Questions were asked after the Crevice trial regarding why 'Q' was not arrested along with the others.

BBC Panorama reporter, Peter Taylor, challenged DAC Peter Clarke with the following questions during an episode entitled 'Real Spooks'8, broadcast in May 2007:
TAYLOR: Why was 'Q' never arrested?
CLARKE: Decisions are made during the course of investigation based upon the evidence that's available, and the decision as to who should be arrested is based entirely upon what evidence is available at the time.
TAYLOR: Was 'Q' not arrested possibly because he was working for you or MI5?
CLARKE: I'm not prepared to comment on any speculation like that. It's pure speculation.
TAYLOR: Where is 'Q' now?
CLARKE: I said I'm not prepared to talk about 'Q'.
A simple, “No.” from Clarke might have sufficed if indeed it was the case that 'Q' had no connection to the police or security services.

Was Mohammed Quayyum Khan ever questioned or investigated in connection to 7th July? Why wasn't he included on the blacklists of al-Qaeda financiers

Footnotes
7 Bomb plotters' al-Qa'eda 'link' still in Britain - Telegraph
8 BBC NEWS | Programmes | Panorama | Real Spooks: transcript
Information about Operation Crevice contained within the ISC report directly linked Mohammed Sidique Khan to 'Q' through a number of July 2003 phone calls to a phone registered in Mohammed Sidique Khan's name to 49a Bude Road. 49a Bude Road is of course the address of the Iqra bookshop of which, in 2003, Mohammed Sidique Khan was a trustee.

So, the ISC's seemingly direct link may not be as direct as they suggest. The phone may well have been used as an all purpose phone on the Iqra premises, rather than a 'personal' phone used solely by Mohammed Sidique Khan. Khan may well have just happened to be the person who registered the phone on behalf of Iqra and the calls could have been received by anyone on the premises. Despite MI5's claims that the name Sidique Khan didn't match any on file -- even though his car registration was noted and traced to him on 16 April 2003 -- the 'Security Services' would certainly have known about and been interested in the address of the Iqra bookshop, particularly if they had been monitoring McDaid since 1998, and as a result of the names of the registered charity trustees they garnered from Operation Honeysuckle.

Did the running of two separate operations, Crevice and Honeysuckle, preclude the ability for either single operation to comprehend the bigger picture, or perhaps allow for State assets to operate effectively in the shadows of each surveillance operation? With all the various individuals apparently under surveillance as far back as 7 years before July 2005, yet none of them apprehended in time to prevent the events of 7/7, this would appear to be the case.

The Inquests will need to fill in some of the other redacted information in relation to 'Q' especially if this leads back to Junaid Babar or indeed Martin McDaid:


Mohammed Junaid Babar - an FBI/CIA asset; 'Q' - an MI5 asset, and Martin 'Abdullah' McDaid, an ex-Special Boat Service anti-terrorist operative and 'convert' to Islam that MI5 were happy to tip off The Times about, all just one step removed from those accused of perpetrating the attacks of 7 July 2005... well, figure it out for yourself.

When considering the information above, it is worth bearing in mind that the Secret Services honed their modus operandi in the 6 counties of Eire. It is now known that many in the Provisional IRA leadership were in fact British agents. A previous Special Boat Service operative (the SBS being an elite regiment of 250 of the Queen's finest, in the same mode as the SAS) was John Joe Magee - the IRA's 'Angel of Death'.

As Gilbertson found out to his cost, 'only the truth stands up under scrutiny'. The same goes for MI5 when their chosen Corporate Spook is called to give testimony next week.

Rest assured, J7 will be subjecting their testimony to scrutiny!

"Truth does not fear investigation."

Friday, 21 January 2011

Corporate Spookdom, 'plausible deniability' at the 7/7 Inquests

"The very grave danger is really as follows, entirely contrary to the interests of justice, that, as soon as any real probing questions are asked of this witness about what happened when -- which is not actually apparent and spelt out on the documents -- he or she will simply say that the witness does not know."

Patrick O'Connor, QC - 7/7 Inquests 21/01/2011
An order for anonymity was granted to 'Witness G' by Lady Justice Hallet on 21st January 2011. He or she (although probably a 'she' judging by Hugo Keith's opening statement when he made reference to a 'she' page 1: 17 ) will not be named and will be screened from the press and public.

'Witness G' will be appearing for the Security Service, MI5, as a 'corporate witness' to give evidence around the issue of 'Preventability', the issue that so vexes the bereaved families and survivors. J7: The July 7th Truth Campaign's questions and issues around 'Preventability' are included in this detailed submission placed before the 7/7 Inquests back in July 2010.

Mr Hall, counsel for the Security Services, described 'Witness G' and his/her exceptional requirement for anonymity and screening - that would bar even the families from seeing this witness - in the following terms:
... a senior member of the Security Service with approximately 20 years' service. As a member of the Security Service, he represents an organisation which is uniquely identified with countering the terrorist threat, and he is therefore, as are all members of the Security Service, subject to particular threat personally and, as a senior member, may be an attractive target to a terrorist organisation, if identified.

None of the bereaved families nor the press had objected to anonymity for 'Witness G', what the families did object to was the need to screen him/her from them. Mr Hall conjured up the following bizarre scenarios to make his case for the need for 'Witness G' to be hidden from them:
Can I give you two examples? Firstly, a properly interested person recognises Witness G on a train, for example. They are both travelling on the same train together, and either advertently, or -- and this is a particular risk which, with respect, your Ladyship hasn't considered -- inadvertently, gives away who he is. Another person who regularly travels on the same train as Witness G and is of either hostile intent or has hostile intentions, overhears.

The second possibility is, if Witness G is deployed in a covert role against security-hardened and hostile targets. Again, a properly interested person, advertently, or inadvertently, gives away either who Witness G is, or that they recognise Witness G, and that allows the target to become aware either that Witness G is a member of the Security Service, or that he is not the person he is covertly deployed as. [ibid p12:4]
The brilliant Patrick O'Connor QC. representing many of the bereaved families, tore Mr Hall's arguments to shreds:
"Now, what we know about Witness G from his or her -- I must say for a long time I was saying "him", but we don't know -- Witness G's statement about his or her experience is as follows, and this is highly relevant to the assessment of risk: that he or she has been a member of the Security Service since 1991. Most significantly, for these purposes, since late 2005 -- so for the last five years -- has been the Chief of Staff for the Director General, giving policy advice, and being involved with the management of important strategic plans of important strategic significance. Now, not an unreasonable inference that Witness G has plainly been in Thames House for the vast majority or his or her time over the last five years and, since late 2000 -- so we are now covering back ten years -- between late 2000 and early 2004, certainly was a manager in the section dealing with international terrorism, though significantly not Islamist terrorism, and international terrorism, by the way, excludes Northern Ireland.

Now, we respectfully submit, therefore, that the possibility, which has been ventilated, of this witness being deployed in a covert role on the Falls Road or in the bandit country of south Armagh is, frankly, unrealistic. This is a witness who has moved beyond direct operational involvement where he may be recognised by targets or those hostile to him, whilst engaged in his or her work. Now, it may be there is more and contrary information in the closed material placed before you, but we submit that, on what we know, it really doesn't reflect very well on the reality of the submissions made in support of this application that possibilities should be conjured up which are as unreal as that.

Now, that's the position of Witness G and, my Lady, two further aspects of his or her personal situation. Again, the possibility that the witness may be recognised whilst commuting has been raised. I do not know if you have any material before you to show that actually Witness G does commute by public transport. This is the failure to engage with the individual facts of the case. Does he or doesn't he? Frankly, if he commutes by bicycle, or if he commutes by car -- we will put aside chauffeur-driven car -- it's not right that these possibilities should be placed before you in theory, when actually they are contradicted by the facts."

It would be fair to assume that the State has much to fear from Patrick O'Connor QC, judging by his very distinguished legal career which includes acting on behalf of the accused in many leading 'miscarriage of justice' appeals:
  • the 'Guildford Four', for Gerry Conlon and his father, Giuseppe
  • the 'Birmingham Six'
  • the 'Carl Bridgewater' case, for Jimmy Robinson
  • the 'M 25' appeal, for Raphael Rowe
  • Andrew Evans, released after 25 years in prison for murder:
  • Robert Maynard in the 'headless torso' case from the 1970s.
In several Privy Council death penalty appeals O'Connor has acted on a pro bono basis: Stanley Abbott, in 1976, authority on duress in murder, and 'Farrington', 1996, and 'Higgs', 1999.

He has acted for the defence in many high profile political and 'terrorist' criminal trials, including the 'Bradford 12', the Orgreave miners, the Harrods bombing and in 2003, the 'Real IRA' BBC and Ealing bombings: and the first major Islamic terrorism trial, 'Operation Crevice'.

He has defended in many murder trials, and prosecuted a high profile corporate manslaughter case. He acted for the DPP in the prosecution against BNP leaders for 'incitement to racial hatred' arising out of an undercover BBC operation.

For 20 years, he has pursued actions against the police, including:
  • record damages in Rupert Taylor v CMP, 1988
  • the first damages award for police 'torture', Treadaway v CC West Midlands, 1994
  • the 2004, appeal Paul v CC Humberside, on the trial role of judge and jury
  • the 2009 appeal Clifford v CC Herts Police, overturning the findings of fact of the Trial Judge.
The machinations of the Security Services and the Home Secretary Teresa May in delaying the release of documents, attempting to have all the 'Preventability' issues heard behind closed doors, and now putting forward what is essentially a completely useless corporate witness to face, but probably not answer, the questions to which the bereaved families, survivors and the general public want answers, are certainly not lost on Patrick O'Connor QC.

In the closing minutes of Friday's open hearing, after some time-wasting by Hugo Keith (whose own legal career in representing the interests of State, wealth and power is in direct contrast to O'Connor's), O'Connor made this strong argument against 'Witness G' being called as the lone 'corporate' witness for the Security Services:
"My Lady, on the question of adequacy of Witness G, I can literally do, in two or three minutes, what our thoughts are at the moment. There is, of course, no objection to Witness G being called at all. He is a well-positioned witness to talk about systems and resources.

However, he has absolutely no history of -- absolutely no involvement in any of these investigations by way of operational involvement or supervision. Secondly, he has, it seems, a complete absence of any involvement in any kind of Islamic terrorism investigations. Again, operationally or in a supervisory capacity. That is a very striking contrast, if we may say so, with the witnesses put forward by the Metropolitan Police Service -- Mr Prunty and Mr Clark -- who could not be better positioned to talk about the relevant issues, as well as Mr Parkinson from West Yorkshire Police. Slightly different, but similarly, very well qualified. We simply are puzzled by the fact that, for instance, an obvious witness would be the actual supervising manager of the desk officers concerned in 2003 to 2005, of these particular investigations, who had hands-on experience, and can actually answer real questions beyond the documents. That supervising manager will have been responsible for all the responses to the Intelligence and Security Committee. No question. So he or she will already have been deeply and profoundly involved in an accountability exercise which happened twice and lasted over some considerable time." [p77:20]
State lackey Hugo Keith, counsel to the Inquests, had previously made it clear that this wouldn't meet with his paymasters' approval:
"I'm bound to say that we have quite substantial objections to any application to my Lady that the Security Service be directed to put up another witness, for all sorts of obvious reasons." [p76:14]
The 'obvious reasons' alluded to but not defined by Keith remain a mystery. Meanwhile, the reasons given by O'Connor for the need for a witness that actually had oversight or ran the 'intelligence' officers in this case, and who might actually be able to answer the questions posed, are plain and obvious to all who want the truth; to whatever extent the 7/7 Inquests are capable of delivering any truth.

If Lady Justice Hallet truly wants these Inquests to meet the needs of the bereaved families that O'Connor represents, and if she intends to delve beneath the surface veneer of any MI5 and intelligence 'narrative' then we hope she will heed the wise words of Patrick O'Connor:
"... we specifically raised the fear that it would be a chosen witness who actually had no experience of the relevant times and the relevant operation. We feared that because that is something that's happened in other cases involving MI5.

This has to have been a deliberate choice, and I dare say that the relevant witnesses are in Thames House now. They may be in a different role. They may be promoted, but they are there. They have already gone through a number of accountability exercises, and they would be the critical witnesses, we submit. So we express grave reservations about the choice that has been made by the Security Service."

Patrick O'Connor QC - 7/7 Inquests 21/01/2011