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tv   BBC News Now  BBC News  June 2, 2023 12:30pm-1:00pm BST

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us secretary of state antony blinken calls russia's invasion of ukraine �*a strategic failure�*. : expelled live to the old bailey for the sentencing of a 19—year—old from essex for terrorism let's go live to the old bailey for the sentencing of a 19—year—old from essex for on british police and soldiers between 20212022. to give ou some soldiers between 20212022. to give you some background _ soldiers between 20212022. to give you some background on _ soldiers between 20212022. to give you some background on this, - soldiers between 20212022. to give you some background on this, and. you some background on this, and islamic state convert, he was put under surveillance after his mother raised concerns over videos he had been watching. he had been due to be sentenced to three weeks ago but judge mark lucraft casey who we are about to hear from judge mark lucraft casey who we are about to hearfrom now judge mark lucraft casey who we are about to hear from now adjourned that hearing. let's listen to him now. to that hearing. let's listen to him now. ., . ,, now. to participate in isis activities. _ now. to participate in isis activities, that _ now. to participate in isis activities, that would - now. to participate in isis| activities, that would have now. to participate in isis- activities, that would have involved are you using serious violence yourself or endangering the lives of others. you accept an intention to commit an act of serious violence or endangering the life of a person
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here in the uk, specifically either a member of the armed forces or a police officer. in the written base of plea it said you had only carried out a terrorist activity here if your plans to go to syria to join isis were frustrated. the prosecution does not accept that part of the base of plea. both the prosecution and defence agreed that this aspect of the base of plea does not make any difference to sentencing in this case, as on any view you accept you had an intention to commit both terrorist acts and that you made preparations towards the commission of both types of terrorist act. from what has emerged from the police investigation it is clear that you are someone who developed and entrenched islamist extremist mindset, extreme anti—western views and you intended to commit terrorist acts both in the uk and overseas. secondary school you are someone who dabbled in drugs
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and where your behaviour became more aggressive you were expelled from school and attended an education unit in basildon. your behaviour deteriorated and it was noted he would often return home stoned and argue with your mother. you moved to other educational units, finally leaving education aged 16 without any qualifications. in 2020 in a conversation between you and your mother you spoke about finding faith. as you said you would like to visit a mosque your mother took you to a mosque in chelmsford. you also watched videos about islam on youtube. this appeared at first to have a positive impact on you. 0ver have a positive impact on you. over time you started to wear more traditional islamic clothing, you ordered is like books and a prayer mat. you were eating only halal food and were learning arabic. by may 2021 you were attending a mosque in
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stratford. yourfamily 2021 you were attending a mosque in stratford. your family noted your behaviour had become more extreme. they noted you were having conversations online with a girl. you told your mother she was a doctor or a trainee doctor and he also said he wanted to go to syria with her in order to help people. some videos you showed your mother were of a concern to her. they showed motivational chanting, people engaged in heated debate at speakers' corner. when your mother commented about these having a negative influence on you you denied it. you became a member of two local community online groups using another name. 0ne community online groups using another name. one group, the southend had another name. 0ne group, the southend had 25— another name. one group, the southend had 25— members and the other six members. your mother was concerned at some of the online material you are viewing as to her it was promoting hatred. when challenged you denied it, claimed
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you were watching videos to inform yourself about the history of islam. you also said he did not believe in terrorism. your mother very correctly made contact with prevent. in december 2021 you registered as a customer for the in december 2021 you registered as a customerfor the knife in december 2021 you registered as a customer for the knife warehouse. although you signed up for their regular newsletters you did not place any orders. however, soon afterwards in january 2022 you carried out searches on the internet for isis knife tactical training and isis knifed tactical training video. isis knifed tactical training video. i note that the last log in to the knife warehouse site was on the 3rd of january 2022. in march 2022 you made notes on your phone about detonating home—made bombs. later in march 2022 you recorded a video at a stratford train station on your mobile. the video shows the back of a uniformed police officer. in other
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videos that you appear to be noting the location of cctv cameras. two days later you bought a pair of combat specs ops classes, military style glasses, to military style combat way. in april 2022 you used your phone to record yourself walking near the barracks of the seventh rifles regiment promoting violent rhetoric over late in the recording. the rhetoric speaks of killing with rage and hate. in april 2022 you made a derogatory comment about imran khan, the former pakistani prime minister. your comment drew condemnation from the southend brothers. you then uploaded a video of a still image of a male holding a knife with another playing in arabic. as a result you were reported to the mosque committee at the essex mosque and they decided
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you were no longer welcome in that you were no longer welcome in that you would be asked to leave if you attended in the future. you were noted by one of those at the mosque to be talking, and on occasion joking aboutjihad and war. it was noted that your whatsapp status was changed to kill the non—muslims where ever you see them. members of the various mosques you attended warned you about your behaviour. 0n the 25th of april 2022 you searched the 25th of april 2022 you searched the internet for usman khan and another along with the london bridge attack, links to those involved in terror attacks on london bridge and borough market in 2017 and at fishmongers' hall in 2019. in may 2022 on a number of occasions you were seen dressed in an armyjacket or a bomberjacket. you were expressing views about how to deal with non—believers. also that month you recorded yourself reciting words in arabic referring to jihad.
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you recorded yourself reciting words in arabic referring tojihad. and there are images of you with captions on the difference between the suicide and martyrdom, and with a black flag. there is a video you recorded at stratford railway station of a police officer in uniform who appears unaware of you. on that video you can be heard to say the following, "there is another one over there as well." also in may you were in conversation online with miss a. among the messages between the two of you are comments about violentjihad in syria. you write as follows, "when i arrive to the land of martyrs my goal is to die on the battlefield while trying to kill the coufal. if you can encourage me to do that, ijust coufal. if you can encourage me to do that, i just want to coufal. if you can encourage me to do that, ijust want to die a martyr." ibini—isei responded supportively. there were further exchanges between the two of you and you made the comment, let's race for
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it. on the same day of these exchanges you searched on the internet for manchester bomber terror attack and stratum attack. the following day you searched for salman abedi on the internet, the same day you recorded footage of yourself close to stratford magistrates�* court with four uniformed officers. you later posted an image of the officers on the caption target acquired. a few days later you searched the internet for entry had a husband and wife. chat threads discussed arrested terrorist offenders and likely sentences. also in other days in may there were ongoing chats between you and miss a. there are references to seeing you in the news waging war and training forjihad. this is encouraging in her responses. in one message you write tbh, ijust want to get my hands on an american marine or a british marine. miss a also responds with encouragement to
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that and in graphic terms. you also sent her an audio message in which you include how you would get two marines in a room and then to rape each other. there are references to shooting them in the head and eventually beheading them. the chat between the two of you continues about violence and mutilating people. on the 17th of may, having attended the mosque, there is footage taken by you of being close to and by the gates of the barracks of the seventh rifles regiment. your actions that evening appeared to be reconnaissance, but later that evening you make a google search on your mobile forjihad injohn. in the early hours of the next day you carried out more internet searches for the salman abedi and also on 711 macro. the police force entry to that morning on the 18th of may 2022 and he were detained and arrested.
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—— on 7/11. 0n arrest you made a number of comments about your faith. your phone, laptop and various items were seized including a black flag, a leaflet on the dangers of isis, notebook with notes in english and arabic on religious and philosophical views. you were taken to basildon police station. whilst there you showed interests in the tactical vests worn by police officers asking if they were bullet—proof. you made a number of the concerning statements. when rearrested following a preliminary view of your telephone and its contents on the 19th of may 2022 you observed as follows: i don�*t believe in the uk law. the only law i believe in is the law of allah. when interviewed you gave a prepared statement saying you had converted from christianity to islam and that you developed an interest in islam by watching youtube videos. you admitted posting a status update video in april 2022. this was the uploading of the still image of a
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male holding a knife with a track playing in arabic. you said the purpose was not to encourage anyone to destroy others. he referred to coufal in tom is a metaphor to destroy non—believers. you said it is a battle against the soul not to sin. you said thatjihad can be translated to mean striving against the run for the size of the soul against the devil against hypocrites and his believers. the person holding the knife in the video is portrayed as a soldier. you challenge some of the assertions in the statements of the police officers in relation to comments it was claimed he had made on arrest and you made no comment responses to all other questions. the police returned on the 25th of may 2022 to conduct a further search of your address and they found the combat specs ops glasses, camouflage
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baseball cap and camouflage jacket, training shoes, black rucksack containing a black balaclava and a notebook with notes in arabic on how to gain more twitter followers and the tactical gloves. whilst in police detention and office overheard part of a conversation you had with your mother when you spoke about needing to start training if you go to prison. you said this, "i will find someone in prison to train me. i need to start to eat more protein, i need to start training offensive and defensive. when i get out i�*m going to be offensive, i�*m going to be a machine. i don�*t care, in my eyes i haven�*t done anything wrong. i�*m not guilty. i might plead guilty because i will get 30% off my sentence." "ally says he will punish the oppressors and everywhere will be a sharia law one day and when i get out they will be controlling the ad probably won�*t let me have a driving licence because i will probably run people over." during exercise in the yard a few days later you made comments while
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engaging with officers saying that you wanted to learn tactical training from an uncle at the mosque and also, if you know what you�*re doing with a knife it doesn�*t matter if are small. in relation to martyrdom it was noted use said as follows, people should be martyred again and die for what they believe in. and that the tactical training you wish to take part in would have to be taken out of the country. turning to the sentencing guidelines, the maximum sentence for a section five offence is one of life imprisonment, or in your case custody. foran life imprisonment, or in your case custody. for an offence committed on or after the 29th ofjune 2021 sentencing involves consideration of the application of the dangerousness supervisions and of the statutory provisions introduced including those in the counterterrorism sentencing act 2021 and the police, crime, sentencing and courts act 2022. the 2021 act introduced
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serious terrorism sentences, an offence under section five of the terrorism act 2006 is a serious terrorism act 2006 is a serious terrorism offence in schedule 17 a of the sentencing act 2020. this offence was committed after the 29th offence was committed after the 29th ofjune 2021 and you were over 18 at the time of the offence when it was committed. the first question then is this: is the court of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by you, a further serious terrorism offences or other specified offences? this is the same test with an important addition as for dangerousness. i also have in mind the provisions of the sentencing act 2020 on a required sentence of custody for life for an offence carrying a life sentence. i have helpful sentencing notes from both the prosecution and the defence. i also have a second note from the
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prosecution specifically on the issue of dangerousness and the response submitted on your behalf. i have a detailed presentence report dated 28th of march from an experienced probation officer. i am grateful to the author for the detailed analysis and assessment of theissues detailed analysis and assessment of the issues in this case. since the last hearing of this case i�*ve also been provided with further documents. i have statements from detective constable setting out relevant information about you and what appears to be your current attitude or mindset whilst you have beenin attitude or mindset whilst you have been in custody. the officer has reviewed prison intelligence where you have made violent threats to kill, behead and chop up staff, have their loved ones followed home and beheaded, behead an imam and another prisoner. some of those reports date back to last autumn. some are more recent and postdate the preparation of the presentence report. initially
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on your behalf it was submitted that the statement of the officer should be disregarded on the basis that it was unsubstantiated, equivocal and unproven but character evidence. i made clear i did not agree with that assessment. it is material that it is significant in terms of the risks that have to be assessed. whilst i accepted the weight to be attached to the item it cannot be ignored. following the last hearing on the 12th of may the dci further request to hmp wandsworth in relation to any intelligence relevant to you so it could be disclosed and considered. this further request also sought confirmation as to any adjudication and/ or disciplinary action taken against you. i note only one instance of formal adjudication with a verdict not received and in terms of disciplinary action i note the number of negative disciplinary actions have been entered by prison
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staff spanning the period from june 2022 through to in may this year. the statement set out issues relevant to the issue of dangerousness and future risk. attached to the statement is a schedule with all the intelligence material set out in that schedule runs to some 69 pages. i repeat the observation set out above. this material needs to be viewed and considered in terms of future risks. included within the presentence report are observations about the interaction with prevent from november 2020 onwards and the lack of engagement. i also note the observations in the report about you saying you have changed your attitudes and beliefs and how this is at odds with the material from the prison. an extract of that material set out on page seven of that report. the author of the presentence report also sets out a list of risk factors in relation to the assessment on dangerousness. the
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assessment in the report of the level of danger is very high, and allowing for various features of the case the author concludes the section of a report on assessment of the risk of serious harm with this observation. having considered all the information above the court may well determine that the criteria for dangerousness has been met. the prosecution submit that you are someone who intended to inflict a serious violence on, or endanger the lives of other people, both in the uk and abroad. that intention was not clearly transitory but one you had settled on during a period of around six months as you set about preparing to commit those acts. they also submit that your time in custody following arrest and charge has not lead to any reduction in the risk you pose to others. if anything they submit this court should be concerned that you are someone who does one thing when in the company of other prisoners, seeks out those who share your extremist views, but then say you have been doing the
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opposite when in conversation with professionals. their submission is that this duplicity only serves to heighten the risk you pose to others. on your behalf it is submitted that you are on the path to de—radicalisation. it is accepted that your progress may be imperfect and as yet incomplete but you have taken significant steps forward. it is now accepted that the dangerousness test is met but that is submitted that any risk you pose can be managed by the imposition of a sentence under section 265 of the sentencing act or a sentence for an offender of particular concern. if thatis offender of particular concern. if that is not accepted by this court it is submitted that an extended sentence with a limited period of extension would suffice as you will be subject to odorous conditions on any licence. as i set out the sentence and hearing was adjourned part herd so as to allow more time for those who represent you to
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consider the prison intelligence material and so that they could address the possibility of a discretionary life sentence to meet the concerns of the risks going forward. i have a letterfrom your mother dated the 13th of april this year. she sets out her support for you and her assessment of your progress. she also makes clear that your father and your sisters will support you whilst in custody and on your release. she sets out her assessment that your views have changed in your period in custody through your engagement with an ideological mentor and since taking time to think and reflect. she also sets out the regret you have expressed to her for your actions. the supplementary note for sentence submitted on your behalf sets out extracts from a number of the decisions of the court of appeal on the approach to discretionary life sentences, as well as addressing issues around age and maturity.
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future risk is the key issue in this case and the real concern as to when, if at all, any risk may reduce or cease. i have very much in mind your age and maturity, that young people mature at different stages, but there has to be put into the mix alongside the observations of others in the views you appear to be expressing to some. assessing risks is a very different task in terrorism cases to other types of cases involving violence. in my judgment the threshold is set out in section 268 b and for dangerousness is clearly passed. in myjudgment you are someone where there is a significant risk to members of the public of serious harm occasioned by the commission buy you a further terrorism offences or other specified offences. section 268 b refers to the imposition of a sentence of custody for life under
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section 268 b f the risk of multiple... further conditions related to that condition are set out in subsection three. both the prosecution and the defence agree that under the current guidelines based on the levels of preparation here your culpability would come within category c and with how it is also agreed the case falls within category three. i agree with the assessments of both the prosecution and your council as the saviour preparations had got to and that it is safer to place harm into category three than the higher category two. —— counsel. i note it would have been much easier for you to attack a police officer in the street than it would be for you to join police officer in the street than it would be for you tojoin isis in syria, and so of the two terror acts you intended to carry out the form are more likely and the latter on the evidence as set out. for such a case at the start point for sentence
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would be one of eight years custody with a range of sentence between six and ten years custody. the prosecution has identified a number of aggravating factors. they submit that here the offending was motivated by hostility towards non—believers. you were in possession of extremist material. you were in contact with others who were also extremists, particularly miss a. used a number of aliases to conceal your true identity. you intended to commit acts of terrorism against soldiers and/ or police officers. you failed to respond to warnings about your conduct, particularly from your family and others in the mosques. whilst some of those factors are accepted, he makes observations as to the applicability of others. as a general point i agree that i need to make sure that to the extent of these matters go into the initial categorisation i do not double count. in terms of mitigating
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factors you are of previous good character, now aged 19, 20 on the 3rd of october this year. at the time of the offending you were 18. looking at the impact of the aggravating and mitigating features i have identified, the start point would, in myjudgment, by one of nine years custody. it is important to stress that the guidelines also require the court to consider appropriate minimum terms for serious terrorism offences and exceptional circumstances, should they apply. as well as the impact of they apply. as well as the impact of the finding of dangerousness as part of the sentencing procedure. having reflected on all the facts of the offence i do not find that the multiple deaths condition is met in this case and so the passing of the serious terrorism sentence is not required. all are agreed that in those circumstances where the dangerousness test has been found to be met, the options open are a discretionary life sentence and extended sentence, or indeed a
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special sentence for an offender of particular concern. as i repeat, in relation to the option of a discretionary life sentence on my agenda sentence on the 12th of may so as to allow your counsel and solicitor to consider any other material that might shed more light on your conduct and your mindset whilst in custody. they have had the opportunity to do so and today have made further extensive submissions on your behalf in relation to that issue. with regard to the type of sentences that have to be considered, i note what is set out in paragraph 22 of the judgment of the lord chiefjustice in the case of the in relation to discretion of life sentences. i need to consider the seriousness of the offence and any previous convictions, here there are none, perhaps most significantly in this case i need to consider the level of danger to the public posed by you and whether there is a reliable estimate of the length of
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time you will remain a danger and the available alternative sentence. it is also important to note that since the decision parliament has passed further legislation with regard to terrorist offenders that i have set out. it is also important to note the particular and unique questions that can arise with the assessment of future risk of those involved in terrorism. in mitigation, it is submitted in relation to the offending itself that regard has to be had to the levels of preparation in this case, that they were not far advanced in the risk of death was very remote. 0n the second, and the potential commission of an act of terrorism here, he submits the steps or acts taken were limited in scope, of limited utility and the prospect of an act of terrorism again remote. in relation to the mindset material and the online relationship, again it is
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submitted that a lack of maturity along with a degree of bravado in a young man, he properly relies on the fact of your chronological age and the level of maturity and that you are someone who has a supportive family. in relation to the prison he submits there are positive reports of changes and submits that when you were detained you were an extremist he invites caution as to the frustration on your part as not being seen as any part of extremism. he submits that some of the reports show your candour and willingness to openly discuss matters with prison staff will stop he observes that you are now an enhanced prisoner. three periods are set out, but a submits show prison records and materials in different light. in the course of this hearing he took the court through those three. as i observed
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in the course of the submissions it is helpful to have the full intelligence material in a case such as this where future risk is the key issue. he submits on your behalf that the prison material supports the passing of an extended sentence rather than a life sentence. you concedes and properly so that you are not someone who is free from extremism, northat are not someone who is free from extremism, nor that you are somebody who is not dangerous. but he submits the threshold for a discretionary life sentence is not passed. in my judgment, the prison material presents a very mixed picture. there is some material that supports the stance adopted and which is to your credit, your openness and candour. however, there is other material thatis however, there is other material that is pointing in the opposite direction and is of considerable concern. would you stand, please? having reflected on all the matters that have been set out and summarised in these remarks, and in
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particular on the level of danger to the public you pose and whether there is any reliable estimate on there is any reliable estimate on the length of time you will remain a danger, i am of the view that there must come in this be a discretionary life sentence, that is the sentence i impose upon you. it will be a sentence of custody for life. the risks around you, albeit as a man, are clear and concerning. the way in which you say some things to professionals and yet say the country to others means in my judgment there is no clear picture of when those risks may abate. that position supports my decision as to dangerousness leading to custody for life. you have pleaded guilty. your plea warrants a reduction of the sentence that would otherwise have been passed. having reflected on the submissions made this morning the appropriate reduction in your case is one third. having considered what would otherwise be the appropriate categorisation of this case and the
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impact of aggravating and mitigating

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