MR JUSTICE JOHNSON
Approved Judgment
Hegab v Spectator
article, in which they are obviously on good terms, and Mr Rehman praises the
claimant and discusses a contract. Further, there is evidence that the claimant did
assist One Ummah with fundraising promotional videos in March – June 2024 and
January – June 2025. It was shortly after the disclosure of these videos that it was said
that Mr Rehman would no longer give evidence in person. For these reasons, I do not
place any weight on his evidence. It is not necessary to address numerous further
points raised by the first defendant as to Mr Rehman’s credit as a witness.
65.
As to SALAM, no evidence was called from Amir Ahmed (who wrote the email of 24
November 2022), or from “brother Amir and other guys in the shura” (who apparently
made the underlying decision). Nor was evidence given by Mr Dawah who was a
close associate of the claimant, and who appears to have been involved with SALAM
throughout, and who was identified as a witness on quantum/losses in the claimant’s
directions questionnaire. Instead, evidence was given by Zeshan Hussain who is
SALAM’s operations manager. He started working for SALAM in January 2025. He
was not, therefore, in post at the time of the decision to disassociate from the claimant
and is not able to give direct evidence about that. Although he purported to give
evidence about it, he did not provide any underlying documents to support what he
said, and he did not identify the sources of his information.
66.
Mr Hussain said that his view of the claimant was damaged “somewhat” as a result of
reading the article. I do not accept that evidence. He had known the claimant for a
long period of time, and they had studied together. As soon as he started working at
SALAM he suggested that the claimant be awarded a contract. He says that this fell
through, and SALAM disassociated itself from the claimant, because of concerns
about the claimant arising from the article. The claimant has not disclosed the letter
disassociating SALAM from the claimant. Moreover, there is no clear reason why this
should have arisen more than 2 years after the article was published. There was other
reporting about the claimant which is more likely to have been the source of any
concern, if, indeed, there was any concern. In any event, this is no part of the
claimant’s pleaded case, and his supplementary written closing submissions
confirmed that he does not advance a case of serious harm based on a failure to secure
a contract in 2025.
67.
“Exculpatory” evidence: I recognise that the parts of the videos of the claimant in
central London and Golders Green and Leicester that are the focus of this trial are a
tiny fraction of the claimant’s overall social media output, and even that, in turn, no
doubt fails fully to represent the claimant as a person. I have also taken into account
what might be regarded as a form of exculpatory evidence. There are many instances
where the claimant refers to his Jewish or Hindu friends. There are instances where he
directly advocates against violence or criminality. There are instances where, on one
view, he is assisting the police. He advances an argument, from an Islamic
perspective, in favour of the possibility of reincarnation. I have taken all of this type
of material into account when assessing the claimant’s conduct in London and
Leicester. The defendants do not invite conclusions that the claimant is an antisemite
or that he is otherwise racist. What matters is his actual conduct in London and
Leicester in May 2021 and September 2022. Conclusions about that conduct are
inevitable, based primarily on the video evidence, irrespective of the more general
exculpatory material.