A High Court judge who wished a convicted al-Qaeda terrorist linked to the 7/7 bombings “all the best” faces formal condemnation by Parliament as outrage grows over his controversial courtroom remarks.
Shadow Justice Secretary Robert Jenrick tabled an Early Day Motion yesterday calling for MPs to express “profound concern” over comments made by Mr Justice Jay to Haroon Aswat, 50, during a hearing at the Royal Courts of Justice on 1 April. The terrorist, who confessed to masterminding the July 7, 2005 London attacks that killed 52 people and injured nearly 800, is set to be released from Bethlem Royal Hospital in South London despite police warnings he remains a national security threat.
The parliamentary motion states that Justice Jay’s remarks are “wholly inappropriate given the gravity of Aswat’s offences” and risk “diminishing public confidence in the administration of justice.” As of last night, twelve MPs from across the political spectrum had backed the motion, including Conservative MPs Bradley Thomas and Lewis Cocking, alongside Traditional Unionist Voice MP Jim Allister.
The judge’s jaw-dropping exchange with Aswat was revealed after The Sun obtained a transcript of the High Court proceedings through a freedom of information request. During the hearing, which approved a terrorist notification order for Aswat’s imminent release, Mr Justice Jay told the convicted terrorist: “It could not have been too pleasant being in American custody all that time.”
The 65-year-old judge added: “I have to wish you all the best and say to you that the way forward is to keep on your medication, listen to the advice you are going to get, and keep out of the sort of things you were doing.”
Mr Jenrick condemned the remarks as “an insult to the 52 Brits murdered in the 7/7 attacks,” adding: “Justice Jay should be ashamed of himself. Judges don’t get pally with terrorists. And Haroon Aswat should still be behind bars.”
Reform UK leader Nigel Farage went further, calling for the judge to be sacked, stating: “The public demands tougher justice than this by far. Aswat should be in a high-security jail until he dies and Mr Justice Jay should be sacked.”
The controversy centres on Aswat’s imminent release without comprehensive surveillance measures due to a legal loophole preventing full risk assessments of psychiatric patients. The Batley-born terrorist was jailed in the United States in 2015 for 20 years after pleading guilty to conspiring to establish an al-Qaeda training camp in Oregon alongside hate preacher Abu Hamza.
Deported to Britain in December 2022 after completing his sentence, Aswat has been detained under the Mental Health Act whilst receiving treatment for schizoaffective disorder. However, US District Court documents obtained by The Sun reveal that in March 2017, whilst in American custody, Aswat declared: “If you think I am a terrorist, I don’t shy away from my responsibility,” and claimed to be “a mastermind behind the 9/11 attacks and a 2005 terrorist attack in the UK.
Detective Chief Superintendent Gareth Rees, head of operations for the Metropolitan Police’s Counter Terrorism Command, has expressed “grave concerns” about Aswat’s release. In a witness statement to the High Court, he warned: “He has spoken positively of his time with al-Qaeda in Afghanistan and expressed aspirations to reconnect with them.”
The officer added: “Based on my experience, this is conduct which gives me grave concerns about the risk which the defendant poses to the UK’s national security and to the public.”
Police traced 20 telephone calls from the 7/7 suicide bombers to a phone connected to Aswat, though he was never formally charged in connection with the attacks. The coordinated bombings on London’s transport network on 7 July 2005 remain Britain’s deadliest terrorist incident since the 1988 Lockerbie bombing.
A psychiatric report compiled by Dr Richard Taylor in 2022 found that Aswat still posed a risk to the public and continued to express “violent extremist Islamic ideology” despite being mentally stable. The report noted that as recently as 2022, Aswat had sent letters containing death threats “seemingly motivated by a terrorist ideology” and had threatened to kill Christians, Jews and certain Muslim sects.
Under the notification order approved by Mr Justice Jay, Aswat will be required to regularly inform police of his address, foreign travel details and vehicle registration. However, he will not be subject to GPS monitoring or an ankle tag, prompting fierce criticism from security experts and victims’ families.
The judge’s sympathetic tone during the hearing has particularly incensed critics. When asked by the judge how he was feeling, Aswat replied “I’m good,” prompting Mr Justice Jay to inquire whether he felt “stable on your treatment” and understood the notification requirements.
The exchange concluded with the judge asking: “You probably want to put all of this behind you now?” to which Aswat replied: “Indeed, I do.”
Early Day Motions rarely receive parliamentary debate but serve as a barometer of MPs’ concerns on significant issues. The growing number of signatures suggests mounting political pressure over both the judge’s conduct and the broader handling of convicted terrorists’ release from custody.
A Government spokeswoman said: “If any individual poses a threat to national security the police and intelligence services have a range of powers they can apply.”
The Judiciary has not responded to requests for comment regarding Mr Justice Jay’s remarks or the parliamentary motion calling for his censure.
The controversy comes as Britain marks the twentieth anniversary of the 7/7 attacks, with memorial services held at St Paul’s Cathedral and the Hyde Park memorial where 52 steel pillars commemorate each victim of the bombings.
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