One of Scotland’s top young lawyers has received widespread support as he faces a contempt of court hearing.
Leading lawyers, politicians and writers have voiced their opposition to calls by Lord Carloway to charge defence lawyer Aamer Anwar with contempt of court, after he issued a controversial statement on the steps of Edinburgh High Court.
The incident occurred in September, following the conviction of his client, Mohammed Atif Siddique, for three terror charges. Having gathered outside the court with the family of Siddique, a 21-year-old student from Alva, Clackmannanshire, Mr Anwar stated that his client had not received a fair trial, and described the eight year sentence as a “tragedy for justice".
He said his client was guilty only of “doing what millions of young people do every day - looking for answers on the internet."
His criticisms were described by the Siddique trial judge, Lord Carloway, as "simply a lie."
The judge said: "The remarks appeared to be an unjustified attack on almost every area of the trial process and thus presumably an attack on the court itself."
He went on to accuse Mr Anwar of "hiding behind the cloak of his client" to make politically motivated attacks on anti-terrorism legislation.
Lord Carloway’s subsequent decision to push for Mr Anwar to be tried for contempt has prompted an outcry within legal circles and beyond. The judge has been accused of overreacting, having already received a partial apology and an admission that parts of his statement were inaccurate.
A number of legal luminaries have criticised the decision, including Gareth Peirce, famous for her defence of the Birmingham Six and the Guildford Four, and for representing the family of Jean Charles De Menezes.
She said: "We should be grateful, in times of considerable fear for entire communities, that there are lawyers brave enough to speak out. The right to say the uncomfortable needs to be valued in a democracy."
She was joined in her disapproval by Michael Mansfield, one of England’s top five QCs, Imran Khan, the London solicitor who acted for the family of Stephen Lawrence, and Baronness Helena Kennedy, barrister, broadcaster and Labour member of the House of Lords.
On 8 November The Herald published an open letter written by the grassroots pressure group, Scotland Against Criminalising Communities, and signed by the author Iain Banks, veteran MP Tony Benn and Bashir Mann, convener of the Muslim Council of Scotland, amongst notable others.
It branded Lord Carloway’s decision an “unprecedented attack on freedom of speech,” and warned of its potential “far reaching consequences,” concluding, “we believe that the current attack on Aamer Anwar is an attack on the fundamental right of all lawyers to represent their clients.”
Mr Anwar said: "I cherish the right to freedom of speech which is one of the pillars of liberty and justice,” but he declined to comment further while matters are under judicial consideration.
His case may be debated in the Scottish Parliament. Independent MSP Margo MacDonald plans to raise the issue in the form of a motion. She too is critical of the contempt of court allegations, and said: "I am concerned about any restraint being put on lawyers who speak their minds, give their opinions or campaign against injustice - and Aamer Anwar does all three.”
Meanwhile The Islamic Human Rights Commission, which has consultative status with United Nations, is to refer the Anwar case to the UN.
Its chairman, Massoud Shadjareh, described the affair as “a very sad day for Scottish justice."
A date is yet to be set for the hearing.
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