5 November 2007
London — DRAMA ensued at the Old Bailey Courts on Friday as a Ugandan was being convicted and sentenced to 10 years under the United Kingdom's new stringent terrorism laws.
Hassan Mutagobwa was found guilty of procuring funds for terrorism contrary to Section 15 of the Terrorism Act 2000 and sentenced to 10 years in jail, something that annoyed one of the jurors prompting her to openly shout "not fair, not fair."
He and his brother Yassin have been facing charges terrorism in the UK.
Yassin, who is the older of the two is accused of three counts of terrorism. He is alleged to have received training for terrorism contrary to Section 6 of the Terrorism Act 2006. His trial is yet to commence and he has been in Belmarsh Prison since September 2006.
The defence team is appealing for a re-trial because the conviction was based on circumstantial evidence; like the only audio voice of 'Doud' an under cover agent, the £205 pocket money, buying a one way ticket to Nairobi, including his innocent use of the Arabic word "Insha' allah," Arabic word meaning 'If God wishes'.
The Ugandan was stopped from boarding a British Airways flight to Nairobi on July 25, 2006, when the airlines were alerted by the British authorities who had got information that, he had borrowed some money from an undercover agent 'Doud'.
The authorities allege that Hassan told 'Doud' they would meet upon his return and used the word "Insha'Allah" (If God willing) which has since been considered a terror terminology in the UK. The phrase is commonly used by Muslims and non-Muslims in Uganda.
Mutegombwa claims that, he was to meet his father who was on his business in Nairobi-Kenya and the travel to Uganda by road.
UK prosecutor Deborah Walsh convinced Justice David Paget and the majority of the 12 jurros that with only £205 pocket money to an East African country Mutegombwa was going for acts of terrorism.
But both the father and mother of the two brothers Hassan Mutegombwa and Yassin Mutegombwa contested the verdict and they said they would file an appeal for re-trial today. "You cannot sentence my son for 10 years on such flimsy evidence," says Ms Jamidah Mutegombwa, mother of the two Ugandan brothers. "These people did everything secretly, yet when they were arresting my son, the assembled several media organisations.
"It is good that he was arrested at the airport, they came searched the home and nothing was found in his house, the only exhibit was £205 pocket money he was carrying," says Ms Mutegombwa, adding that, "Yes he was on his journey to Uganda, and £205 pocket money is a lot in Uganda for such a young man." The father of the two brothers, Mr Baker Mutegombwa, arrived from Uganda anticipating to give a witness testimony that his son was destined for Uganda and they were to meet in Kenya but the verdict was reached before as confusion marred the trial.
"I was asked to come and give evidence; I spent here a full week and when I went back in Uganda they called me again. I arrived on Monday but nothing happened," says the father Mr Mutegombwa. "The next thing I just heard that, my son has been sentenced to 10 years. This is a maneuver to show the public that they are working, while my children become victims of circumstances!"
Mr Mutegombwa, who was questioned twice in the UK and Kampala, by officials from the Metropolitan Police was furious with what he described as kangaroo judgment.
"I have not seen fair justice, this was kangaroo court. If they managed to travel to Kampala to question me then why wasn't I given chance to give my side?" queries the father.
Authorities allege that between April 28, 2006 and May 1, 2006, Yassin attended training in weapons at a woodland area near Matley Wood Caravan and Camping site, Beaulieu Road, Lyndhurst, Hampshire.
The training was "provided wholly or partly for the purposes connected with the commission or preparation of acts of terrorism or Convention offences" and that Yassin was aware the training or instruction was "being provided there wholly or partly for purposes connected with the commission or preparation of acts of terrorism or Convention offences."
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