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Mr Raissi, they said, was the “lead instructor” for the hijackers. The courts were told there was evidence that he falsified flight logs to hide the fact he trained Hanjour. Videotape had been found of Hanjour and Mr Raissi together. A notebook said to belong to Abu Doha, a major terrorist suspect, that had been found in London contained Mr Raissi’s phone number.
One by one, over the course of ten court hearings, Mr Raissi’s solicitor proved that the allegations and the evidence to support them were false, if not fabricated.
The accurate flight log was produced and the flying instructor who testified that Mr Raissi and Hanjour had indeed hired the same plane, but at different times. The man in the video was shown to be Mr Raissi’s cousin. It took time, but the address book was clearly shown not to have belonged to Abu Doha.
In February 2002, Mr Raissi was released from Belmarsh jail. But neither the British nor the American authorities were prepared to say they had been mistaken. He remained a suspected terrorist, unable to travel outside Britain except to Algeria.
The appeal court, under the presidency of the Master of the Rolls, said that responsibility for many of the mistakes in the Raissi case lay in Britain. In its judgment that the “primary responsibility for the falsity” over the notebook lay with the Met and the CPS. The judges also found that the false claim about the flight logs could be blamed on either carelessness or incompetence by Scotland Yard.
In a scathing passage of criticism, at the heart of their ruling, the judges said that the extradition proceedings had been abused as a means of keeping Mr Raissi in custody while inquiries were pursued in the US.
The judges said: “We consider that the way in which extradition proceedings were conducted in this country, with opposition to bail based on allegations which appear unfounded in evidence, amounted to an abuse of process.
It had taken the distance of six years and fundamental shifts in attitudes to the events of the War on Terror for a court to look with forensic detachment at what had been done to Mr Raissi.
But the appeal judges found that British police and prosecutors were directly responsible for the events that destroyed the young Algerian’s life. Justice, they told ministers, demanded that the Government compensate as a victim of a miscarriage of justice.
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