The BBC relies, in particular, on previous speeches and utterances by the Claimant
between 2006 and 2011 in which it submits the Claimant espoused extremist Islamic
views. The burden of proof rests on the party claiming justification, i.e. the BBC.
7.
The BBC accepts that there were two errors of detail in the WCO. First, as to location:
the BBC accepts the Claimant did not preach jihad as “the greatest of deeds” at the
East London Mosque, but asserts he did so elsewhere. Second, as to timing: the BBC
accepts the Claimant did not so preach in 2013, but asserts he did so in previous years.
The BBC contends, however, that neither of these errors is of significance, and that
the substance of its charges against the Claimant remain true.
The Claimant’s response
8.
The Claimant denies being an extremist speaker and denies that any of his previous
speeches and utterances, on their true interpretation, demonstrate him espousing
extremist views. The Claimant also puts forward a positive case that he has always
been against extremism and relies on his inter-faith and community work in support of
this.
THE ISSUES
9.
therefore, three-fold:
The issues for the Court’s determination are,
(1) What do the words complained of mean?
(2) Are they substantially true in those meanings?
(3) If not, what remedies ought to be granted?
EVIDENCE AND MATERIALS
10.
Both sides filed extensive evidence at the trial. The BBC filed transcripts of the
previous speeches and utterances of the Claimant relied upon. The Claimant filed a
lengthy witness statement and voluminous supporting materials. The Claimant gave
oral evidence and was cross-examined. Both sides lodged expert reports and materials
on Islam and called expert witnesses, Professor Robert Gleave for the Claimant and
Dr Matthew Wilkinson for the BBC, both of whom were crossexamined. A full
transcript of the oral evidence was supplied to me. I was also supplied with various
DVDs featuring the “Sunday Politics” programme and several of the Claimant’s
previous speeches.
11.
In view of the numerous references to the Qur’an by the witnesses in their written
evidence, I have read and studied the entire Qur’an (using the translation referred to
by the Claimant namely, “The Qur’an, A new translation by M.A.S. Abdel Haleem”
published by Oxford University Press, 2004). I have also read the copy of Sayyid
Qutb’s book “Milestones” supplied to me by Counsel for the BBC during the hearing
(published by Islamic Book Services (P) Ltd of New Delhi, 2002) .
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