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John Burton, of 15 New Bridge Street chambers, acted for Samina Malik, the “Lyrical Terrorist”, the first woman to be convicted under Section 58 of the Terrorism Act 2000 for collecting information likely to be useful to those preparing for a terrorist act. Her conviction was quashed by the Court of Appeal; the Crown Prosecution Service has indicated that it will not seek a retrial.
What were the main challenges in this case and possible implications?
I was concerned at the potential width of the charges Samina Malik faced. One of the documents the prosecution claimed she had for a terrorist purpose, or that was likely to assist a terrorist, was a first aid manual. If correct, it meant that possession of virtually any item could be covered by this legislation. That could result in a large number of wholly unfair arrests with many days spent in custody. The Court of Appeal has limited the number of items that fall within this legislation.
What was your worst day as a lawyer?
Asking my client in a family court whether he now regretted punching a social worker. He replied: “Yes, if I had my time again I would have broken his ****ing neck.”
What was your most memorable experience as a lawyer?
In the Samina Malik case, I made a speech on how poetry is intended to stir up emotions. I quoted from Wilfred Owen, stating that I was not saying she was another Wilfred Owen. The next day I was quoted in the press as comparing her poetry to that of Owen, with the implicit suggestion that it was of the same quality.
Who has been the most influential person in your life and why?
The barrister Edward Marshall Hall was a great influence. Although he died many years before I was born, I read his cases with interest.
Why did you become a lawyer?
All the wrong reasons. I was told that when I finished my O levels I could work as a computer programmer with the National Coal Board for £13 a week. I then saw a TV programme, Justice. The actor Anthony Valentine was a young barrister who said he was earning £15,000 a year. I suddenly liked the idea of dressing up and being paid well.
What would your advice be to anyone wanting a career in law?
Ignore television. The Bar has always been a difficult profession to establish a career in and unless you are willing to put in long hours, often for little or no rewards, it is not the profession to join.
Where do you see yourself in ten years?
Finding a new career if the Government continues to reduce legal aid fees on what seems like an almost annual basis.
l_tsang@hotmail.com
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