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Andrew Rowe - convicted of "possession for terrorist purposes" - on what real evidence ?

The conviction of Andrew Rowe, sentenced to 15 years in prison for the "possession" of items which might be of use to terrorists seems to have echoes of the non-existant "ricin plot", especially in all the dubious "off the record" background details which the news media are adding to their accounts, after the reporting restrictions have been lifted.

Why did it take nearly 2 years for this case to come to court ? What higher priority cases does the UK Judicial system have to deal with than terrorism charges ?

The prosecution alleged that some old socks tied up into a ball, and which had traces of explosive residue on them (not "impregnated with explosives" i.e. not a potential bomb, as the weasel spin in The Times would have it) somehow had a "terrorist purpose", but not even the jury could agree on that one.

The suggestion was made that these socks had been used for cleaning the mortar tube of a Soviet made 82mm mortar presumably because of the handwritten notebook which was found, not actually on Andre Rowe or in his luggage when he was arrested in the Channel Tunnel, re-entering the UK. but at the home of his estranged wife.

Where was the "CSI Las Vegas" style forensic reconstruction ? e.g. the analysis of a similar bundle of socks, which had been used to clean a Soviet 82mm mortar ? Were the trace amounts of explosives and their distribution pattern consistent with this theory, or was it never actually tested in court either by the prosecution or the defence ? Were the traces of explosives identifiable with the trace element markers put into each batch of factory made explosives and propellants, or were there just generic chemical residue traces which might have come from other sources or via cross contamination in the forensics laboratories (something which does happen too frequently) ?

Rowe's explanation was that he had used the socks as gloves when handling some explosives in Bosnia in 1995, and that he used the socks as a martial arts practice kickball. He had apparently had copied out, by hand, the instructions manual for such a Soviet era 82mm mortar (presumably from some other document written in English, rather than Russian), when he was in Bosnia during the war with Serbia (i.e. technically fighting with or supporting groups who were allied with the UK Government at the time).

The prosecution appears to have had no evidence that had access (in October 2003 when he was arrested) to any such 82mm mortars or mortar bombs.

There appears to be no evidence linking Rowe to any use of 82mm mortars by terrorists against civilians, for example, or even by freedom fighters/guerillas against regular military troops, anywhere in the UK or in Europe or even in Chechnya or Afghanistan or Iraq.

Surely the concept of "possession for terrorist purpose" is being stretched too far here ?

Nevertheless, somehow the jury convicted him "beyond reasonable doubt" on this charge, and he was sentenced to seven and a half years in prison.

The second bit of evidence on which he was sentenced to another seven and a half years, involved an alleged "secret substitution code".

This appears to be a single handwritten sheet of paper, which the BBC news report somehow has a photo image of the code (supplied by whom exactly ?)

Andrew Rowe substitution_code.jpg

This contains a very simple list of code words based on different models of Nokia mobile phones and the substitution of some English counties for European countries, referred to by out of date names e.g.

Bosnia - Kent
Poland - Essex
...
Yugoslavia - Derby

Only The Scotsman seems to have noticed these items:

H2O2 - T280
Acetone - T68
Explosive factory made - T610
(ditto) man made - T?00

i.e. Hydrogen Peroxide and Acetone - possibly the same ingredients used to make the explosives for the July 2005 bomb attacks in London.

However The Scotsman also seems to fall prey to "ricn plot" style "background briefing" from unnamed sources, who allege that "Malaysian Security Sources" claim that Rowe was somehow involved ins some sort of plot to attack Heathrow Airport with mortars or , perhaps with shoulder fired Surface to Air Missiles - presumably the same mythical missiles which Hemant Lakhani was convicted of buying/selling ?

The "substitution code" does mention "Airport" and "Airline crew/personnel", but this is not evidence that Heathrow airport was a target.

The other obvious bit of analysis and comment which seems to be missing from the media reports is the question of who exactly this "substitution code" was intended to be used to communicate with ?

There have been reports of multiple mobile phones and SIM cards, used by Andrew Rowe, as if this was somehow direct evidence of an Al Quaeda connection - millions of innocent people have had multiple mobile phones and SIM cards (there are at least 2 billion mobile phones in use at the moment worldwide)

Is there, in fact, some mobile phone intercept evidence where Rowe used this code to communicate with someone, perhaps the French terrorist suspect Lionel Dumont named in the media reports, but which, under the current Home Office legislation, cannot be used in court ?

Surely the authorities should have continued to keep Andrew Rowe under surveillance, until he led them to some real explosives or weapons and to some other actual co-conspirators ?

To arrest and convict him on such flimsy evidence, is a scandal.

It sets a chilling legal precedent, which could be used against anybody in the UK, who has been "fingered" as a terrorist or an opponent of the Government.

If David Mery had been black or a Muslim, would he also now be facing 15 years in prison ? The items and equipement seized from him by the police are potentially far more useful to terrorists than those used to convict Andrew Rowe.

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Comments

This one is deeply disturbing. Rowe has been been found guilty of imaginiary crimes that the security forces think he might have been going to commit. The evidence could, at a stretch, be interpreted to support the nebulous terror attacks they have imagined, but it really does seem to me to point in other directions.

Rowe by his own admission supports, and is prepared to aid, insurgents in Bosnia and Chechenya. The countries in the code all do seem to be pretty Eastern European, suggesting some kind of courier/support role in that area. As the prosecution didn't (and didn't need to) connect him to a particular plot, there doesn't seem to have been any argument in court over whether this automatically counts as terrorism or not. But as, I think I recall, supporting Chechen insurgents is on one of the charge lists for the control order victims, presumably it does, and presumably Valdimir Putin is therefore a peace-loving democrat.

It also strikes me that instructions on how to use a Chinese mortar are largely useful in places where you have ready access to Chinese mortars. These do not include Hillingdon, nor are the roads around Heathrow as particularly smart place to try to set one up and fire it.


I agree. This is sic and I hope some good defence solicitor takes on this case.........Surely the apeal courts must overturn these "ghost" charges.


You might be interested in the audio interview on rampART radio in which David Mery talks about his experience with Londons terror cops and chats about the errosion of civil liberties in this country with the introduction of the various anti[sic]terrorism acts.

You can download the MP3 from the rampART website or subscribe to the podcast.

http://rampartradio.co.nr


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1) Err....it's a trivial point, I know, but a T610 isn't a Nokia model number, it was made by Sony Ericsson. So were the other T-numbers given. (yes, some were pre-merger Ericssons but that's even more trivial)

2) Some of the countries given don't exist. Yugoslavia doesn't. Czechoslovakia doesn't. And quite a few of the phones didn't exist at the last time Yugoslavia did.


@ Alex - Unless there is more than the single page of this code, it does not seem to contain enough words or phrases which you might need for arms smuggling purposes.

It is astonishing that such a useless bit of paper has led to a seven and a half year prison sentence.


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