Solicitor cleared of contempt of court

THE controversial human rights lawyer Aamer Anwar was acquitted of a contempt of court allegation yesterday.

However, he found himself at the end of scathing criticism by High Court judges and now faces possible professional disciplinary proceedings.

As he walked smiling to a rapturous reception from his supporters, the words of condemnation still echoed in the High Court in Edinburgh.

Mr Anwar's remarks last year at the end of a client's terrorism trial were branded "petulant … inaccurate" and "misleading" and the judges said that while the outburst had not amounted to contempt of court, better was expected from lawyers.

The Law Society of Scotland could take action against Mr Anwar, one of its members, in light of the rebuke. A solicitor can be censured, fined, suspended or even struck off for professional misconduct.

Mr Anwar said: "If there is one right prized above all others in a democracy, it is freedom of speech. Lawyers, like everybody else, enjoy that fundamental right.

"As a defence lawyer, I never set out to win a popularity contest, but I was taught it is a lawyer's duty to fearlessly represent his client, no matter what crime he is accused of or how demonised he is by society.

"As our government criminalise communities and creates 'thought crime', lawyers still have a responsibility to be the guardian of our liberties and to campaign against injustice."

Mr Anwar's client, Mohammed Atif Siddique, 21, of Alva, Clackmannanshire, was convicted after a trial at the High Court in Glasgow of terrorism offences, including a threat to become a suicide bomber. He was jailed for eight years.

In the wake of the verdicts, Mr Anwar read a statement claiming that Siddique had been found guilty of doing what millions of young people did: looking for answers on the internet. He added that the verdicts were a tragedy for justice and freedom of speech, and alleged that his client had not received a fair trial.

The trial judge, Lord Carloway, viewed the statement as a "multi-faceted tirade" and an unwarranted attack on him, the jury, the prosecutor and a key Crown witness. He decided to step aside, and remitted the case to a bench of three judges to determine whether Mr Anwar's conduct was a contempt of court, which carries a possible jail sentence.

In yesterday's ruling, Lord Osborne, sitting with Lord Kingarth and Lord Wheatley, said it was the inalienable right of everyone to comment fairly and critically on judgments of courts.

However, he added: "A balance has to be achieved between the protection of public discussion of matters of legitimate interest in a democracy, and the prevention of interference in particular court proceedings or of undermining faith in the judicial process more generally."

The judges found that, in places, Mr Anwar's statement had been wholly inaccurate and misleading.

Lord Osborne continued: "While the statements embody angry and petulant criticism of the outcome of the trial process, and a range of political comments concerning the position of Muslims in our society, we are unable to conclude that anything said amounted to conduct that denoted wilful defiance of, or disrespect towards the court, or that wilfully challenged or affronted the authority of the court, or the supremacy of the law itself. We therefore conclude that no contempt of court has been committed."

The judges said that professional regulations were a matter for the law society, but they felt entitled to comment on Mr Anwar's conduct in light of the duty he owed to the court.

A spokeswoman for the Law Society of Scotland said: "The society will now consider the opinion (judgment] in detail, and will take any appropriate action."

PROFILE

AAMER Anwar is a human rights lawyer who runs his own law firm in Glasgow.

He became a student activist while studying at Glasgow University and has formerly worked for the Commission for Racial Equality.

He is noted for his left-wing political views and campaigns against the 31st G8 summit and Dungavel Detention Centre for failed asylum seekers.

Mr Anwar is best known for his campaigns for justice after the killing of Glasgow schoolboy Imran Khan and the murder of the Sikh waiter Surjit Singh Chhokar in Lanarkshire.

He also made controversial remarks in the aftermath of the 2007 Glasgow International Airport attack, in which he claimed that "a stealth bomber in Iraq is the moral equivalent of a suicide bomber in Scotland".

He is presently representing Tommy Sheridan in connection with allegations of perjury which were made in the wake of a defamation case against the News of the World.

This year, he ran for election for rector of Glasgow University, but was beaten by Charles Kennedy.