Queen v Abbas Boutrab, also known as Yocef Djafari, also known as Abbas Fawwaz, also known as Brahmin Abaou
| Jurisdiction | Northern Ireland |
| Judge | Higgins LJ |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NICA 23 |
| Date | 28 June 2007 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation no. [2007] NICA 23 Ref:
HIGF5829
Judgment: approved by the Court for handing down Delivered:
28/6/07
(subject to editorial corrections)*
IN THE COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
ABBAS BOUTRAB
also known as YOCEF DJAFARI,
also known as ABBAS FAWWAZ,
also known as BRAHMIN ABAOU
________
Before: Kerr LCJ, Campbell LJ and Higgins LJ
________
HIGGINS LJ
[1] At Belfast Crown Court before Weatherup J, sitting without a jury,
Abbas Boutrab, also known variously as Yocef Djafari, Abbas Fawwaz and
Brahmin Abaou, (the appellant) was convicted of Counts 1, 2 and 5 on Bill of
Indictment 572/04. He was acquitted by direction of the Learned Trial Judge
of Counts 3 and 4.
[2] Count 1 alleged possession of articles for a purpose connected with
terrorism, contrary to Section 57(1) of the Terrorism Act 2000. The particulars
of offence were that
Abbas Boutrab (AKA Yocef Djafari, AKA Abbas
Fawwaz, AKA Brahmin Abaoui), on 14 April 2003 in
the County Court Division of Belfast had certain
articles, namely 25 computer discs which contained
text, photographs and diagrams in his possession in
circumstances giving rise to a reasonable suspicion
that the said items were in his possession for a
purpose connected with the commission, preparation
or instigation of an act of terrorism.
2
[3] Count 2 alleged collecting information likely to be useful to terrorists
contrary to Section 58(1)(a) of the Terrorism Act 2000. The particulars of
offence were that
Abbas Boutrab (AKA Yocef Djafari, AKA Abbas
Fawwaz, AKA Brahmin Abaoui), on a date unknown
between the 7th day of October 2002 and 15th day of
April 2003, in the County Court Division of Belfast,
collected or made a record of information namely 25
computer discs of a kind likely to be useful to a
person committing or preparing an act of terrorism.
[4] On Count 5 he was charged with having custody or control of a false
passport in the name of Fabio Parenti contrary to Section 5(2) of the Forgery
and Counterfeiting Act 1981. The appellant does not appeal against his
conviction on Count 5, but appeals against his conviction on Counts 1 and 2
on grounds which will be referred to later in this judgment.
[5] On 8 April 2003 members of the Police Service of Northern Ireland
attached to the Foreign National Unit visited a flat at Whitehouse Court,
Newtownabbey, County Antrim. They spoke to the occupier of Flat 2E, the
appellant, who identified himself as Abbas Boutrab, an Algerian national who
was seeking asylum in the United Kingdom. Police were suspicious of the
identity of the appellant and further enquiries led them to believe that he was
wanted by Garda in the Republic of Ireland under the name of Yocef Djafari,
an Algerian national who had applied for asylum in the Republic of Ireland.
A search warrant was obtained under the Immigration Act 1971 and on 14
April 2003 the same members of the Foreign National Unit together with
Immigration Officers and other police conducted a search of the flat 2E.
Twenty floppy discs and 5 compact discs (the subject of Counts 1 and 2) were
found in a chest of drawers beside the bed. Other items including a mobile
phone, the false passport in the name of Fabio Parenti, an identification card
that included a photograph, an Italian cash card and Inland Revenue
documents were seized. Also seized were a Belfast City library card in the
name of Abbas Boutrab, two notebooks and various handwritten notes, a
London underground ticket and three passport sized photographs. The
appellant was arrested under Section 24 of the Immigration Act 1971 as he
was suspected of being in the United Kingdom illegally and was taken to
Antrim Road Police Station. On 11 June 2003 a further search was undertaken
at the appellant’s flat. Further items were seized. These included a vehicle and
engine manual in English, a Jiujitsu combat manual in English, various
handwritten notes, a personal cassette player and various items of tools and
equipment. On 3 November 2003 at HMP Maghaberry the appellant was
arrested under Section 41 of the Terrorism Act 2000. From 3 November 2003
to 9 November 2003 he was interviewed in the presence of his solicitor and an
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