(4)
Fourth, the Claimant tells the audience that “those who fight have a higher
status [with Allah] than those who do not fight”, i.e. Allah “prefers
Mihahideen (Fighters) to Sitters”.
251.
The DEVIANT GROUPS (2009) is all about encouraging aggressive, physical jihad
on behalf of Islam. In essence, the Claimant encourages his audience to rise from their
seats and take up arms to wage aggressive Jihad against the enemies of Islam,
including the Jews in Palestine, and thereby get closer to Allah.
252.
As Dr Wilkinson succinctly put it, the Claimant tantalises his audience with the
celestial rewards for participating in what he regards as armed jihad using the
violently extreme trope of martyrdom
253.
In my judgement, the above passages from the Claimant’s DEVIANT GROUPS
SPEECH (2009) are sufficient in themselves to make good the BBC’s case on
justification for the WCO.
Internet
254.
The Claimant’s DEVIANT GROUPS SPEECH (2009) was recorded for publication
on the internet. It was made widely available and it remains available to view on
various sites. It has never been disavowed or qualified by the Claimant.
(4) AAFIA SIDDIQUI SPEECH (2010)
255.
The BBC rely upon a speech given by the Claimant at a rally outside the American
Embassy on 28th March 2010 organised by the “Justice for Aafia Coalition” (JFAC).
Aafia Siddiqui was a Pakistani national who was convicted in the US in 2010 of the
attempted murder of a US Army Captain and sentenced to 86 years imprisonment.
Neither side invited this Court to engage with the underlying merits of the Siddiqui
case, nor would it have been appropriate to do so.
The text of the Claimant’s speech
256.
I set out below the salient points and text of the Claimant’s AAFIA SIDDIQUI
SPEECH (2010).
257.
After blessing the rally, the Claimant said he wanted to make four brief points. The
first was to thank the organisers of the “Justice for Aafia Coalition” in making
everyone aware of their obligation to Aafia Siddiqui as a fellow Muslim. The
Claimant quoted the Qur’an, “The Believers are but a single Brotherhood”, and said:
“Verily, those who have Iman, those who have faith are brothers and sisters because
of that faith”. He said the organisers had made the sense of “oneness” with their
sister, Aafia Siddiqui.
258.
The Claimant’s second point was to emphasise something said by an earlier speaker,
Sheikh Suleiman: “And never think that Allah is unaware of what the wrongdoers
do”. The Claimant said that Allah was aware of “the oppression that our sister Aafia
Siddiqui is suffering today from the American administration and the American
Government” and that if they carried on the American Government would “on the
day of judgment” have to stand before Allah and account. At this point, the crown
shouted out “Allah Akbar!” (God is great).
57
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