The Keepers of the Persian Gate

by Sydney Maurice

  The prison staff pulled in a table and three chairs and Colin sat down to begin fiddling through his papers. He pulled a large Toblerone out of his bag and handed it to the Mechanic. “Thought this might remind you of home,” he joked.

  The Mechanic smiled sarcastically. “It’s nice to see a lawyer with a sense of humour,” said the Mechanic. He then swiped the Toblerone off the table and on to the floor. “Where’s my confirmation, Paddy Irishman?”

  “I wasn’t able to get what you asked for. Will you still be a witness?” replied Paddy.

  “I don’t have any choice, do I? Well played, Paddy Irishman, well played,” replied the Mechanic.

  Colin Hall then took control of the consultation and began to go through the possible questions the Mechanic could expect to encounter during the prosecution’s evidence in chief. The Mechanic was visibly dejected by Paddy’s news that he could not secure him a new start. After thirty minutes of intense discussion, Paddy and Colin left the Mechanic’s cell and were escorted via the underground tunnel to Woolwich Crown Courts. The Mechanic would remain in his cell until he was called by the Court to testify.

  ***

  They didn’t enter through the public entrance; instead they arrived in one of the court rooms via the corridor leading to the judge’s chambers. Paddy took a seat in the public gallery and pulled out his touch pad to begin taking notes, whist Colin Hall and Tony Morley took their positions and read through their papers. A skeleton crew of court staff arrived. There were also two armed prison guards at the main entrance to the court room, two snipers on the balcony overlooking the court, and two guards standing either side of the judge’s bench.

  A court usher walked up to the judge’s chambers’ door and popped his head inside. After a few moments he reappeared, nodding to another clerk who stood to address the court.

  “All rise,” said the court clerk.

  Both Colin Hall and Tony Morley stood, as did the various court staff. Paddy stood also.

  The judge peered around the room and sat. “Thank you.”.

  After everyone else in the court sat down, Tony Morley remained standing. “May it please your Lordship, I, Tony Morley QC, appear on behalf of the Special Prosecution Service in this matter.”

  Colin then stood. “May it please your Lordship, I am Colin Hall QC and I represent the defendant, Mr. Abdullah Atwah.”

  The judge smiled. “Thank you, bring in the prisoner.”

  The door into the dock was at the back of the room. Aside from the two bailiffs who brought Abdullah Atwah into the dock, Paddy was the nearest to him of anyone in the courtroom.

  “Now make sure it’s locked,” said the judge. There were a few grins from the court staff. The judge then began to address the defendant. “Mr. Abdullah Atwah.”

  The defendant stood.

  “This court has historically been known as the Privy Court. These are secret courts, and whether you are convicted or released you will not divulge the existence of this court or the evidence given herein to anyone, is that understood?” asked the judge.

  “Yes, your Lordship,” replied Abdullah.

  “Mr. Morley, please,” said the judge.

  “Thank you, your Lordship. This case concerns an international terrorist, namely the defendant, Abdullah Atwah.

  “I refer your attention to the decision of Lord Griffith in Somchai Liangsiriprasert, 1991, located at Tab 1 in your Bundle. His Lordship stated ‘[u]nfortunately in this century crime has ceased to be largely local in origin and effect. Crime is now established on an international scale and the common law must face this new reality.’

  “Nearly 20 years on from that decision, those words are now truer than ever. On 1 August 2011, the defendant was caught by Her Majesty’s Special Air Service supplying materials including uranium, and technological as well as logistical information to build and transport a dirty bomb to London. You will hear and read evidence that will prove that this dirty bomb was intended to be detonated in the City of London during a busy period of the year.

  “Under the Nuclear Non Proliferation Treaty of 1968, the materials in question were regulated by the International Atomic Agency and are listed as a banned substance for those without appropriate permissions.

  “The defendant was taken into custody on the border between Afghanistan and Pakistan. The defendant is a Pakistani national, and current head of the Pakistani Intelligence Service, namely Inter-Services Intelligence.

  “It is the opinion of the Judge Advocate General of the British Army that this arrest occurred within the special extraterritorial jurisdiction of Great Britain and Northern Ireland under subsection 59, 62-63 of the Terrorism Act 2000 and Section 17 of the Terrorism Act 2006. It is further submitted that the Treason Acts of 1351 and 1543, and the Treason Felony Act 1848 also have application in this matter. All relevant statutory provisions are located at Tab 2 in your bundle and are highlighted for your Lordship’s convenience.

  “It is the prosecution’s case that under the 1848 Act, the defendant by supplying these materials and information has committed a felony to ‘compass, imagine, invent, devise, or intend’ to bring about universal suffering against the people of the United Kingdom in order to levy war against the Sovereign.

  “You will learn how this man fooled the world and even his own government into believing that he was a force for good. A decorated man, a senior man of influence within not just his own country but also the international community. You will learn how he deceived, schemed and conspired to destroy the heart of the United Kingdom.

  “Once you have heard all of the evidence, your Lordship will be left in no doubt that this man should be convicted of High Treason.” Tony Morley slowly sat down.

  This was fascinating stuff. Up to now, Paddy had always assumed that the crime of treason was a long out of date charge, not used since the post-war era. The last person to be publicly convicted for the crime of treason was William Joyce in 1946, an Irish Fascist. However, it seemed that the Treason Acts had been regularly secretly invoked throughout the last fifty years in the Privy Courts. Colin Hall had explained to Paddy on the walk over to the court that the crime of treason still carried the death penalty, until 1998 when the Crime and Disorder Act was enacted. After 1946, the death penalty fell out of favour as a method of punishing Britain’s most dangerous and violent prisoners. As a result of this developing attitude, the Privy Courts were reconvened for the first time since the American Revolutionary War.

  The judge turned to Colin. “Mr. Hall, thank you,” said the judge, flicking through the defendant’s papers.

  “Thank you my Lord… firstly, despite your Lordship’s ruling, the defendant reserves the right to appeal the jurisdictional question at a later date,” stated Colin.

  “Oh, do you now. Why?” replied the judge.

  “With the utmost respect, your Lordship, the very authority of this court rests on that question and you have made your ruling on it. The same issue cannot be tried twice or opened up for re-inspection by the same judge, to do so would effectively grant the prosecution leave to appeal. This would naturally be undesirable for the defendant,” replied Colin.

  “Very well, please proceed, Mr. Hall.”

  “My Lord, I will firstly address the facts which the defendant does not dispute:

  “1. The defendant does not dispute that he was in the Hindu Kush region of North East Afghanistan at the time of his arrest; and,

  “2. The defendant does not dispute that at the time of his arrest he was supplying materials and information to terrorists who had intended to use same to attack London. There ends the facts which are not in dispute.

  “The defence recognises that on its face, the prosecution’s case against the defendant is clear and incontestable. However my Lord, you perhaps of all people will appreciate that if the courts were to decide every case on that basis, there would be no liberty.

  “In order for your Lordship to find the defendant guilty of the crimes alleged by the prosecuti
on you must put yourself in the unusual position of both judge and jury. You must weigh the evidence in a manner that ensures there is no doubt in what the prosecution is alleging. It is the defendant’s case that the evidence put forward by the prosecution cannot be relied upon.

  “Sometimes in life people make mistakes, and sometimes in life unfortunate coincidences occur. Life is indeed full of coincidences. The fact that the SAS were in the area at the time of the above undisputed events is merely a coincidence. However, that in itself does not make the defendant not guilty. On the contrary, what makes the defendant not guilty are the holes in the evidence against him.

  “The defendant in this case is not a bad man. Indeed, you Lordship will hear first-hand evidence that the defendant was a champion of peace and freedom and that his presence in the Hindu Kush on 1 August 2011 was part of a routine mission that was in furtherance of his role as the Commander of the Pakistani Intelligence Services.

  “His connections to terrorist organisations such as Al Qaeda and the emerging Islamic State movement are for intelligence purposes, which are legal under the laws of Pakistan and Afghanistan respectively.

  “You will hear on how the night of 30 July 2011, the defendant left Pakistan via the northeastern side of the Wakhan Corridor by military helicopter. He was travelling light. On his person he had a quantity of a substance known as Pink Sand, a comparatively harmless substance to that of the enriched uranium which the prosecution has alleged the defendant had on his person.

  “You will hear how the defendant was on a mission to identity principal suspects in the Al Qaeda cell known as the Jihadi Knights. The defendant’s mission was the culmination of years of hard and legitimate intelligence work. The defendant would use the Pink Sand and false logistical information for an attack on London to lure the key members of the Jihadi Knights into his trust. Little did the Jihadi Knights know that the Pink Sand was harmless and that the logistical information provided by the defendant was actually designed to lure the Jihadi Knights into a trap whereby they would all be arrested.

  “You will hear how the defendant belonged to a transnational and secret organisation in the Middle East which occupied senior positions in government and military across that region. You will hear how the defendant swore an oath to promote a relationship of peace and stability between the Middle East and the West. Once you have this evidence, My Lord, you will conclude that the accusations made against the defendant are not consistent with his principles both professionally and personally. That is why the defendant has entered a plea of not guilty and will be contesting the evidence put forward against him during this trial.

  “Thank you, My Lord,” finished Colin.

  The judge was furiously scribbling away as Colin sat back down. Paddy observed that Colin’s opening was much more flowery than Tony’s. Instead of referencing the statutory provisions under which Abdullah Atwah had been charged, Colin invoked common law principles to remind the judge of his role, as well as of the specific burden of proof requirements in cases of this nature. Another barrister might have done things completely differently; nevertheless, it sounded very good. Colin seemed to have the advantage of being more capable on his feet than Tony.

  “Right. Mr. Morley, let us proceed to Examination and Chief,” announced the judge.

  Tony stood up. “The defendant calls Major Alan Sterling of her Majesty’s Special Air Service.”

  In walked Major Sterling. He appeared in full Ceremonial 1 Dress uniform, distinguishable by a light blue stripe on the trousers and a similarly coloured light blue stable belt.

  The court clerk approached the witness box and placed a bible upon it. “Do you swear by almighty God that the evidence you shall give shall be the truth, the whole truth and nothing but the truth.”

  “I do,” replied Major Sterling.

  “Please be seated, Major,” said Tony Morley.

  There was a pause for a few moments as Tony Morley lifted out the Major’s witness statement. Ordinarily, such evidence would have been provided to Colin a long time before the trial; however, in the case of Privy Court proceedings, such documents are only provided five minutes before the trial.

  Examination in chief forbids the advocate to ask closed questions. So any question asked cannot suggest an answer. It was quite the art form, and Paddy had always struggled with it when taking part in mooting and advocacy in law school. You could really only ask who, what, where, when, why and how and then elicit a fact from each answer given by the witness before proceeding to the next question. However, advocates are usually permitted three closed questions at the beginning to set the scene, so to speak. Tony proceeded.

  “Major, you are currently commissioned within Special Air Service.”

  “Yes.”

  “You commanded the SAS unit which arrested the defendant.”

  “Yes.”

  “Is the man sitting in the dock the same man whom you arrested?”

  “Yes.”

  “On the night of 1 August 2011, please tell the court what you were doing in the region.”

  “We were on a mission to intercept the Jihadi Knights. We had received intelligence some weeks previous that the Jihadi Knights were meeting with their contact from Pakistan to acquire materials for a dirty bomb for an attack on London.”

  “I see, and how did you come by this intelligence?”

  “That I am not aware of.”

  “And where precisely did you arrest the defendant?”

  “At the first conflux of the Qasdah Gol river, about twenty kilometers north-northeast of the mountain of Noshaq, right on the border with Pakistan.”

  “And how did you get there?”

  “We were taken by helicopter to the maximum altitude of 19,000 in our specially fitted RAF Chinook, close to the base of the mountain of Noshaq. We proceeded through the night with the use of oxygen masks and heavy winter gear to the location of the meeting.”

  “Why did you go by this route and not another more easily traversable route?”

  “Because we figured this would be the last thing the Knights would expect. Special forces have been trained in this scenario since the mission to try and capture Osama Bin Laden in the Tora Bora caves in 2001,” replied the Major.

  “How long did it take you to traverse the terrain to your destination?”

  “About four hours of hard marching through snow and high winds.”

  “When was your first encounter with the Knights?”

  “We spotted them from a high ridge just south of the conflux. Our artic uniforms blended in nicely to the surrounding terrain and they couldn’t make us out. As predicted they were only guarding the north and northwest pass, their outer perimeter was about fifty men.”

  “How did you proceed next?”

  “We decided that the ridge was an excellent observation post. So we left a small tactical unit of three soldiers to observe and cover our retreat. Our evacuation would be via the same route.”

  “How were you planning on arresting the Knights and getting them up to the foot of Noshaq? I mean, I assume they weren’t wearing any oxygen masks?”

  “Hmmm. Well…we weren’t planning on taking any prisoners.”

  “I see.” Tony paused and looked back at his papers. “When did you encounter the defendant?”

  “When we mounted our assault, the defendant was unarmed and we thought he might have been a prisoner of the Knights. However, when we searched him, we discovered otherwise and arrested him.”

  “And what was on his person?”

  “Coordinates written into a diary. A GPS, and correspondence received from Jihadi Knights.”

  “Your Lordship, please find at Tab 3 in your bundle a translated version of this correspondence. Major Sterling, here is a copy for you. Please can you read back the first line to the court?” said Tony.

  “Mr. Atwah, thank you for providing us materials for our mission in London.”

  The prosecution’s evidence in chief continued for some
time. After another forty-five minutes, Morley ceased his questions and sat down. Colin Hall then stood up and, with a bit of a swagger, asked a few pointed questions.

  “Did the defendant ever give up his name to you?”

  “Yes.”

  “Did you know who he was?”

  “Yes.”

  “Did you know the position which he occupied within Pakistani Intelligence Services?”

  “Yes.”

  “Did you take any steps to check whether at the time of his capture the defendant was acting in his capacity as an intelligence officer?

  “No.”

  “No further questions,” stated Colin Hall.

  Colin had kept it short and sweet, but in the process had completely pierced the hard outer layer of the prosecution’s case.

  “Do you have any further witnesses, Mr. Morley?” asked the judge.

  “Yes, your Lordship. This one requires the Special Measures referred to you in secure correspondence.”

  “Ah yes, very well. Please proceed.”

  The court clerks pulled out the curtain in front of the witness box. The door for the witness to enter was just behind that.

  “My Lord, the prosecution calls Lieutenant 1.”

  Colin turned to look at Tony and then back at the judge. He was seething. This was clearly a witness that he didn’t know about. Two additional men had also entered the room occupying positions close to the witness box. They were armed and dressed in military uniform. As Lieutenant 1 was seated behind the curtain, Tony went to address him. Paddy knew this was the Code 4 witness. The judge interestingly had a clear line of sight and could see who it was. However, the rest of the court did not know who he was, including Colin and, most importantly from a Special Measures perspective, the defendant.

  Colin took the unorthodox step of getting to his feet while Tony was also standing.

  “Your Lordship. It is simply not acceptable that this defendant’s identity be concealed from this court. We have had no prior notice of this witness.”

  “I’m afraid you will have to accept it, Mr. Hall,” replied the judge.

  Tony Morley began to question Lieutenant 1. It was revealed during Lieutenant 1’s evidence in chief that he had been part of a British Army unit near Kabul which had gone to investigate a local player believed to be a senior member of the Taliban. They raided several houses in a suburb of Kabul. It was during these raids that Lieutenant 1 uncovered certain correspondence which was shown to the court.