Appeal Against Unjust Conviction – Latest Update – 24th January 2018

  Justice, allegedly

We are continuing our fight for justice through the appeals process – and of course we are harrying the Royal Courts of Justice for progress on my Application to Punish Dr. Matthew Wilkinson for Contempt of Court.

(For those of you who may be unfamiliar with my case, I refer you to the excellent account given on the Fahrenheit 211 website.)

Through numerous telephone calls and emails, we have ascertained that the Application is indeed being considered, and as it has not as yet been dismissed out of hand, my barrister is cautiously optimistic that we will be able to reach a favourable conclusion in due course. At this stage it is not possible to say more, but I will let you know as soon as we have any further news.

In the meantime I am working on various projects, including the book of my experiences at the hands of the British legal system “Pigeon on the Wing”, and hope to publish the first few chapters on my website www.counterjihadwarrior.com in the very near future, so please check the website regularly for updates.

    I couldn’t put it down

I have also been keeping a close eye on developments within the world of Islam that affect our democratic Western societies – and I intend to publish regular articles on the website (such as this one from last week) as well as bringing you the latest news on Muslims behaving badly in my radio program “Five Minutes to Midnight” which airs every Thursday evening on the Global Patriot Radio network.

Those of you who have been listening in to the radio program will have noticed that I have been unable to host the show myself over the last few weeks due to illness, but I owe a great debt of gratitude to Kel Fritzi, the beautiful Red Fox from Red Fox Blog Talk Radio in Canada, who has been making sure that regular listeners are kept well apprised of events. Kel also has her own show on Global Patriot Radio with “Infidels are Watching” on Tuesday evenings, where she often has some wonderfully erudite guest speakers – so please tune in if you can.

In addition, I have been asked to participate in a project to bring the film “Killing Europe” to audiences here in the UK. What we are looking to do is to arrange a series of suitable venues, preferably in the West Midlands to start with, but eventually throughout the UK, where we can invite the general public to see what is really happening with the Islamic invasion of Europe.

We have a lot of details to finalise, including the funding of a robust security presence as you might imagine, but if Tommy Robinson can pull off a similar program in Manchester, as he did last November, then surely so can we. Tommy Robinson’s event went off without any serious incidents (apart from the name-calling from the usual suspects in the so-called “Anti-Fascist brigade”) and he was able to live-stream and broadcast video from a mobile projection unit to almost 2,000 people in a peaceful and good-humoured atmosphere.

More details will be provided as developments continue to unfold. If in the meantime you are able to contribute further to my Legal Defence Fund in order that I may continue to bring the greatest possible pressure to bear on the British legal system, then it would be much appreciated. I hate having to ask, but it would seem that the pack of weasels that comprise the other side have a limitless amount of time, money and resources at their disposal, whereas unfortunately we do not.

On the other hand, we do have truth on our side – and we also have a great deal of dogged persistence, so I do hope that you will be able to help us continue this fight – and eventually, thanks to your your support, we will strike a long-overdue blow for patriots and freedom-lovers everywhere.

Best wishes for a Happy New Year.

Timothy M Burton

( Tim the Counter Jihad Warrior – tim@counterjihadwarrior.com )

Why the Jordan Peterson / Cathy Newman interview could be a turning point for free speech

One of the biggest problems with public discourse in the West today is that the articulation of speech that deviates from the Leftist norms of political correctness is met with systematic abuse – “racism”, “bigotry”, “fascism”, “prejudice”, “misogyny” “alt-right” or “right-wing” or – heaven forfend! –  even “Islamophobia”.

Part of the problem is that we have by and large lost the educational techniques of debating difficult subjects in public – the process of free, uncensored debate is no longer encouraged in our schools and universities, and most people find that by the time they have developed an interest in, say, politics, philosophy and economics for example, and wish to take up a position that would have been considered “moderate” only fifty years ago, they are smeared with one or more of the epithets listed above and threatened with social ostracism,  the loss of their employment, or even the loss of their liberty under increasingly arbitrary “hate speech” laws. This naturally discourages reasoned debate and critical analysis, an outcome which is to the detriment of us all, especially given the immense challenges facing our democratic Western civilisation today.

A remarkable interview between Professor Jordan Peterson and Cathy Newman of Channel 4 Television took place recently. It was viewed over two million times on YouTube and the general consensus was that the social justice warrior Cathy Newman had her ass handed to her by the learned Professor Peterson. (She was reportedly rather upset by this.) The most delicious “gotcha” moment is at 23m 05s, however an in-depth analysis of the implications of the interview reveals an unexpected dimension.

This video of Paul Weston on Robert Spencer’s Jihad Watch website explains it very well. It is well worth 45 minutes of your time to watch both the video and the original interview, and for you then to encourage everyone you know who cares about free speech to watch the video and the interview too.

Tim Burton

Weird story of the week – and it’s nothing to do with Islam. Really. It’s NOTHING to do with Islam.

      Jolly Roger

Apparently marrying a 300 year-old ghost is nothing out of the ordinary.

One can only hope that spirits were served at the reception.

Tim Burton

Dear Muslims – You are NOT victims, and nobody owes you anything

      Weasels

Time and again we hear how Muslims are attacked and assaulted by vicious, racist, bigoted Islamophobes in Western countries – the message goes out that Muslims are victims, to be protected and appeased at any cost. An entire grievance-mongering victim industry has grown up in Western countries, run by greedy and rapacious weasels – and generously funded by naive Western governments who are only too happy to indulge the mendacious taqiyya-artists as they promote the false narrative of Muslim victim-hood.

Of course, I have to declare an interest here through my dealings with Britain’s least favourite bunch of mendacious grievance-mongering taqiyya-artists over the past few years – the bottom-feeding denizens of Tell Mama UK in general and weasel-in-chief Fiyaz Mughal in particular.

For those of you unfamiliar with the swamp of fraudulent, unprincipled rodents that is Tell Mama UK, I refer you to the excellent Fahrenheit 211 website here and the coverage of my 2017 political show trial here.

It is now becoming apparent to many people that the regrettable tendency of Muslims to play the victim at every opportunity, and the even more regrettable tendency of professional grievance-mongers like Tell Mama UK to perpetuate the myth of Muslim victim-hood, is a despicable charade at best, designed to play on our good nature as non-Muslims, to exploit our tolerance and goodwill in order to advance the cause of Islam in the West, and to guilt-trip us into giving the ideology of Islam a free pass and a completely undeserved and privileged status.

The latest egregious example comes from Canada, where an 11 year-old Muslim girl claimed that she was assaulted by a man who cut her hijab with a pair of scissors. The event was apparently witnessed by the girl’s mother.

The only problem is that the story was completely false. It was – shock, horror – a complete fabrication. The girl – and her mother – eventually confessed under police questioning that they had made up the entire story.

This didn’t stop the Muslim victim-hood industry kicking into high gear and denouncing Canadians in general as bigoted Islamophobes. The most despicable doubling down – even after the story was exposed as a hoax – came from Amina Elghawaby from the National Council of Canadian Muslims.

If that were not bad enough, the Huffington Post is of the opinion that Canadians need to apologise for the “Islamophobia” that led this poor girl to concoct the false story. Oh, the inhumanity!

Once again, the mythical “backlash” of Islamophobia towards so-called innocent Muslims has been shown to be false. Muslims are rarely, if ever the victims. The ideology of Islam commands the devout Muslim to wage perpetual warfare against the unbelievers – in fact it encourages them towards violence against non-Muslims in at least 109 verses in the Koran.

It’s time we stopped pretending that Muslims are somehow deserving of our sympathy. If they are truly interested in assimilating and integrating with the rest of us, then they should acknowledge that Islam is completely incompatible with Western democracy, and they should leave Islam behind in its entirety. That would be the intellectually honest thing to do.

Failing that, we should encourage them to reform, renounce, or get the hell out of our civilised Western countries – to paraphrase the Danish politician Jeppe Juhl. We do not need in our countries any followers of an ideology that encourages such mendacity and deceit towards unbelievers – because of the doctrine of Taqiyya, the only logical conclusion to be reached is that you can never trust any Muslim when it comes to advancing the cause of Islam.

UPDATE: Ezra Levant from Rebel Media is quite rightly pressing for public mischief charges to be pursued under Canadian Law Section 140 (1)(c).

Tim Burton

The Crusades – What our children are NOT being taught in schools, and why it is important

Many people don’t know that the Crusades were NOT the result of warmongering European Christians suddenly deciding that they wanted to invade foreign lands and kill lots of innocent Muslims. This is because the historical narrative has been systematically hijacked by the Left and its stranglehold over academia – whereby only the politically correct versions of the story are allowed to be taught.

Dr Duke Pesta and Stefan Molyneux have a most illuminating discussion here, concerning the importance of the historical narrative in determining our place in the world, and why our children are being taught to regard Western Judaeo-Christian civilisation as inherently evil when in fact it is arguably the best development in the history of mankind – bar none.

This is compulsive viewing for everyone passionate about the defence of freedom, and is well worth seventy-five minutes of your time. (Hat tip – Kel Fritzi of Red Fox Blog Talk Radio.)

Tim Burton

Not Every Muslim is an Inbred Welfare Parasite

 

In recent times, I have been taken to task for suggesting that there is a high correlation between inbreeding, welfare parasitism and Muslim immigrants to Western nations. And to be fair, I  acknowledge that just because a particular Muslim may be a product of a policy of unrestricted inbreeding, that does not automatically make them a welfare parasite, or vice versa.

However, inbreeding is a contentious issue when it comes to Muslims. Personally I blame it all on Allah, who apparently thought that first cousin marriage was absolutely hunky dory. Hey Allah – yes, you, buddy – how come you didn’t predict the DNA research of Watson and Crick? And I don’t want to hear about how all that omnipotence leads to administrative errors.

When it comes to welfare parasitism – here is a perfect example of what happens when you allow Muslims to abuse our public services in the UK. How many times do we have to say it – you should never, ever, trust a follower of an ideology that promotes deceit as a primary virtue. And of course, it’s not just in the UK that we have this problem.

Some might say that it is our own fault for having such a generous welfare system, and then allowing an unrestricted number of immigrants from Muslim countries to access it. I have a radical solution – which is to have either  a generous welfare system, or open borders, but not both. A country without a generous welfare system will be unattractive to most Muslim migrants, whether or not it has open borders. Simples.

Tim Burton

Proof positive that Islam scrambles your brain

 

If you ever wondered whether or not Islam scrambles your brain, look no further than this article. It must be wonderful to be such a logical, well-reasoned product of Turkish academia.

On the other hand – it’s obvious when you think about it. Back in the day, Noah must have communicated with his sons by mobile phone. Stands to reason – what other explanation could there be?

And before we write off all those Biblical characters as uneducated peasants, let us not forget that the Ark must have been driven by nuclear power.

Personally, I’ve always wondered if Noah collected bees. I suspect that the answer to that could be in the Ark Hives.

Tim Burton

Five Minutes to Midnight on Global Patriot Radio – Thursday 04 January 2018

Check out this awesome program – a discussion of Islamisation in Britain during 2017 (hat tip Soeren Kern of the Gatestone institute), an interesting perspective on Anti-Sharia strategy (hat tip Keith Thomas of EDL Media), our usual weekly round-up of Muslims behaving badly and some criticism of Cressida Dick (no, it’s not as some have suggested, a special order in a gay bar, she is the Commissioner of the Metropolitan Police in London), and she has capitulated to the politically correct trend of appeasing Islam and Muslims when it comes to the disgusting epidemic of Islamic rape gangs.

Tim the Counter Jihad Warrior is ably assisted by the beautiful Kel Fritzi, the Red Fox Blogger of Infidels Are Watching – and of course his (Tim’s) porcine sidekick – Muhammad the Lucky Pig, who is taking time off from leafing through his copy of the Koran in order to act as page-turner and general factotum on the show.

Tim Burton

A Travesty of Justice – and My Original Application for Contempt of Court

Dr Matthew Wilkinson

For the many patriots and supporters of justice who have been following this case, I will now be keeping you all up-to-date via the Counter Jihad Warrior website. Here is my original application to have the Crown Prosecution expert witness, Dr. Matthew Wilkinson, punished for Contempt of Court following my political show trial in March 2017. After nearly six months, we are “still” trying to have this application processed, however we have run into a wall of prevarication and obfuscation from the British legal system. As a consequence, we have stepped up the pressure by applying to the Royal Courts of Appeal, asking for them to adjudicate on the failure of HHJ Taylor of Southwark Crown Court (the lower court) to act according to established procedure and to provide us with a written judgment.

It’s interesting that the lower court could have simply replied to say that the application had no merit. The fact that the lower court did not do this says to my barrister that the application does indeed have merit, but to process it in my favour (which would result in my conviction being overturned) would cause the Government extreme embarrassment due to Dr. Matthew Wilkinson’s involvement with some other very high profile cases over the past few years – some of which relate to terrorism, and all of which would need to be revisited – with all of the enormous legal costs that would entail.

The application contains a lot of legal jargon, but is well worth reading to obtain a sense of the lengths that the British legal system will go to in order to protect prominent members of the Establishment and to achieve a result that serves as an example to others, no matter how unjust – i.e. the conviction of someone who cares passionately about free speech in this country and who opposes the insidious onslaught of Islamisation.

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Application to punish for contempt of court in the case of R. v. Timothy Burton (Southwark Crown Court, Case Ref: T20160559, 27-30/3/2017)

Timothy Burton (Applicant), Dr. Matthew Wilkinson (Respondent)

 Allegation

Introduction

  1. The basis of this application is that the respondent, Dr. Matthew Wilkinson, signed a statement of truth (in an expert’s report) which he either knew to be false or did not honestly believe to be true. This is contempt of court.
  2. Matthew Wilkinson acted as an expert witness for the prosecution (the Crown Prosecution Service or CPS) in the case of R. v. Timothy Burton, which was tried before Recorder Alex Gordon in the Southwark Crown Court from 27/3/2017 to 30/3/2017 (Case Ref: T20160559). He gave an expert opinion on the Islamic doctrine of taqiyya, which broadly means deception or lying, as discussed below.
  3. The defendant, Timothy Burton, was charged under s.32 Crime and Disorder Act 1998 with religiously aggravated harassment of a certain Fiyaz Mughal. Fiyaz Mughal is a Muslim who set up and was, until 2014 I believe, the head of an organization called ‘Tell Mama’, which allows people in the UK (generally Muslims of course) to report anti-Muslim ‘hate crimes’.
  4. The alleged offence consisted of a number of E-Mails which Timothy Burton sent to ‘Tell Mama’, but which the court found were intended for Fiyaz Mughal. The most important of these described Fiyaz Mughal as a ‘mendacious grievance-mongering taqiyya artist’; that is, a liar, as explained below.
  5. It is critical to note that the basis of this application is not that there was, in fact, a conflict of interest or that there was even a risk of a conflict of interest in the mind of the ordinary reasonable man, it is that Dr. Wilkinson knew that he had a duty to report any potential conflict of interest (it was for the court to decide the matter, not him), as per the CPS guidance quoted below, and that he either intentionally or recklessly did not disclose a potential conflict of interest and signed a statement of truth in his expert’s report to the effect that he had disclosed any potential conflict of interest, as per the CPS guidance, and that this conduct amounts to contempt of court.

Taqiyya

  1. This E-Mail gave rise to the question of what the word taqiyya means and whether to call a person a ‘taqiyya artist’is an insult from the point of view of a Muslim. I believe that the defendant’s position was that taqiyya is conduct mandated by the Koran and that, in the appropriate circumstances, using taqiyya is a praiseworthy thing. It follows that it cannot be an insult to describe a Muslim as a ‘taqiyya artist’, because, for Muslims, the term carries positive connotations; either lying to protect oneself or one’s fellow Muslims from harm or lying to advance the cause of Islam. In short, while lying might be a bad thing from Timothy Burton’s viewpoint, the particular type of lying (taqiyya) is a good thing from the viewpoint of a Muslim.
  2. In 2014, in relation to a separate incident, Mr. Timothy Burton had been charged with racially-aggravated harassment of Fiyaz Mughal in the Birmingham Magistrates’ Court, by using the same word, but had been found not guilty. In Timothy Burton’s mind, this amounted to confirmation by a court of law that using the word taqiyya could not amount to harassment, whether racial, religious or just plain vanilla. Mr. Burton’s expert witness in that case, Dutch scholar of Islam, Professor Hans Jansen, Houtsma Professor for Contemporary Islamic Thought in the Department of Arabic, Persian and Turkish at the University of Utrecht,explained that the doctrine of taqiyya involves both lying to protect oneself or other Muslims from possible harm and lying to advance the cause of Islam, and that the doctrine is acknowledged by leading Muslim theologians and commentaries on the Koran.
  3. Wilkinson was instructed to provide an expert opinion about:
    1. the linguistic and religious meanings of the Arabic word taqiyya;
    2. the sources of taqiyya in Islam;
    3. the historical practice of taqiyya and,
    4. the contemporary understanding and significance of taqiyya.
  4. In broad terms, Dr. Wilkinson, said that the doctrine of taqiyya allows Muslims to conceal, or lie about, their religion, but only when their lives (or the lives of fellow Muslims) are in danger. He rejected the notion that taqiyya could be used by Muslims in other circumstances; that is, to advance the cause of Islam by concealing the true nature of it (such as, say, by concealing the fact that Islam requires the murder of apostates). In Western culture, it may be acceptable to lie to avert some threat of harm, but it is generally not acceptable to lie in other circumstances. In short, one can see why, if the Koran does allow Muslims to lie when they are not in danger, they would want to conceal that fact.

Conflict of interest

  1. Wilkinson (a Muslim),runs an organization, Curriculum for Cohesion, a patron of which is, according to its website, a senior CPS employee (Ms. Baljit Ubhey OBE, who is Chief Crown Prosecutor (CCP) for the Crown Prosecution Service in London); a connection he failed to disclose to the court. This is an extremely serious matter, as explained below.
  2. In this context see Toth v Jarman [2006] EWCA Civ 1028 at 99 and following. At 102 it says: ‘Where an expert has a material or significant conflict of interest, the court is likely to decline to act on his evidence, or indeed to give permission for his evidence to be adduced. This means it is important that a party who wishes to call an expert with a potential conflict of interest[my emphasis] should disclose details of that conflict at as early a stage in the proceedings as possible.’
  3. See also the CPS document ‘Expert Evidence’,(https://www.cps.gov.uk/legal/assets/uploads/files/expert_evidence_first_edition_2014.pdf), p. 8, which says: ‘However, it is vital that any potential conflict[my emphasis] is disclosed to the court and other parties to the proceedings by the party wishing to call the expert as soon as possible, so that an informed decision can be made as to whether the expert is impartial and what weight to be attached to his evidence – see Toth v Jarman[2006] EWCA Civ. 1028 and R v Stubbs[2006] EWCA Crim. 2312.
  4. So, it is necessary to assess whether the conflict of interest is significant. Well, we have an expert witness who runs an organization and a patron of that organization is a senior employee of the prosecution authority (the CPS) for whom the expert witness prepared his expert’s report. I simply cannot see how such a relationship can be considered insignificant.
  5. In this context, see Pinochet, In re [1999] UKHL 1; [2000] 1 AC 119; [1999] 1 All ER 577; [1999] 2 WLR 272, where there was no question of actual bias on the part of the judge, merely a question of whether the judge’s interest in or connection to the case gave rise to a reasonable apprehension or suspicion on the part of a fair minded and informed member of the public that the judge (Lord Hoffmann) might be biased. In that case, reference was made to Lord Hewart’s famous dictum that it is “of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” (see Rex v. Sussex Justices, Ex parte McCarthy [1924] KB 256, 259).
  6. So, not only is actual bias sufficient to disqualify a person, a reasonable perception of a risk of bias is enough (without any suggestion of actual bias). Even a reasonable suspicion of possible bias must be avoided.
  7. In Director General Of Fair Trading v Proprietary Association Of Great Britain & Ors [2000] EWCA Civ 350, a case binding on Southwark Crown Court, it was said at 41 (emphasis added): ‘We start our analysis of the authorities with the decision of the Divisional Court in Rex v Sussex Justices, ex p. McCarthy [1924] 1K.B. 256. That decision concerned a prosecution before the lay magistrates for dangerous driving. Unknown to the Defendant and his Solicitors, the Clerk to the Justices was a member of the firm of Solicitors acting in a civil claim against the Defendant arising out of the accident that had given rise to the prosecution. The Clerk retired with the Justices, who returned to convict the Defendant. On learning of the Clerk’s provenance, the Defendant applied to have the conviction quashed. The Justices swore affidavits stating that they had reached their decision to convict the Defendant without consulting their Clerk. In giving the leading Judgment Lord Hewart C.J. said at pp.258-9:

“It is said, and, no doubt, truly, that when that gentleman retired in the usual way with the justices, taking with him the notes of the evidence in case the justices might desire to consult him, the justices came to a conclusion without consulting him, and that he scrupulously abstained from referring to the case in any way. But while that is so, a long line of cases shows that it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done. The question therefore is not whether in this case the deputy clerk made any observation or offered any criticism which he might not properly have made or offered; the question is whether he was so related to the case in its civil aspect as to be unfit to act as clerk to the justices in the criminal matter. The answer to that question depends not upon what actually was done but upon what might appear to be done. Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice. Speaking for myself, I accept the statements contained in the justices’ affidavit, but they show very clearly that the deputy clerk was connected with the case in a capacity which made it right that he should scrupulously abstain from referring to the matter in any way, although he retired with the justices; in other words, his one position was such that he could not, if he had been required to do so, discharge the duties which his other position involved. His twofold position was a manifest contradiction. In those circumstances I am satisfied that this conviction must be quashed, unless it can be shown that the applicant or his solicitor was aware of the point that might be taken, refrained from taking it, and took his chance of an acquittal on the facts, and then, on a conviction being recorded, decided to take the point. On the facts I am satisfied that there has been no waiver of the irregularity, and, that being so, the rule must be made absolute and the conviction quashed.”‘

 

  1. One further point. As a Muslim, Dr. Wilkinson must believe that there is no higher authority than the Muslim god, Allah. If he doesn’t believe this, then he is not a Muslim (and he therefore lied in his expert’s report when he said he was). It follows that Sharia law (the law of Allah) is, to a Muslim, superior to and overrides any man-made law, and a Muslim’s duty to obey that god-made law, and of loyalty to other Muslims, must override any man-made law, including the laws of England. Where there is a conflict between Sharia law and man-made law, a Muslim is bound to adhere to the former, as far as possible. If he does not do so, then he is not a Muslim and is subject to the penalty in Sharia law for apostasy; that is, death. This is an absolutely irreconcilable conflict of interest. Clearly, where Muslims are in a position of weakness (as, say, a minority in another country), they may have no option but to appear to outwardly accept the supremacy of a non-Sharia legal system, but this does not mean either that they inwardly accept the supremacy of that system or that they are absolved from doing everything they can to work towards the implementation of a Sharia legal system (that is, to make the country a Muslim one) or from doing everything they can to protect and further the interests of their fellow Muslims in the interim without obviously contravening existing laws. It follows that if they can contravene our laws and get away with it, they will. Necessarily, this involves an outward appearance of compliance, including doing such things as signing a statement of truth. This means that Dr. Wilkinson’s statement (‘I do not consider that any interest which I have disclosed affects mysuitability as an expert witness on any issues on which I have givenevidence.’is (must be) false.
  2. To say otherwise, and to allow Dr. Wilkinson to act as an expert witness, is directly comparable to allowing a witness to give evidence having sworn, on entering the witness box: ‘I swear to tell the truth, the whole truth and nothing but the truth – unless it conflicts with my duty as a [insert name of religion here].’This is because saying ‘I am a Muslim’ equates to saying ‘I acknowledge no other law than the law of Allah and I therefore do not acknowledge the supremacy of your laws.’There is no way on earth that any court in England would accept such an oath, so how can any court accept the glaring conflict of interest between Dr. Wilkinson’s duty to the court as an expert witness and his duty to the law of Allah and to his fellow Muslims as a Muslim – given that the latter necessarily (by virtue of Dr. Wilkinson’s faith) overrides the former?
  3. Ask yourself a simple question. How can someone who does not accept the supremacy of our laws over his religious beliefs honestly say that he acknowledges that he has an over-riding duty to the court? He can’t; so, when he says such a thing he is lying. Either he is lying when he says he is a Muslim or he is lying when he says that, as a Muslim, he acknowledges an over-riding duty to the court. Ask any Muslim in the street and (if he is unguarded – see above) he will tell you that Sharia law overrides man-made law. In fact, the truth of the matter is that he doesn’t recognize our laws as laws at all. He obeys our ‘laws’ (but only as far as he must) temporarily and out of necessity, that is all.

The statement of truth

  1. But there is a far more serious point. An expert witness is required to sign a statement of truth in which he certifies that he has disclosed, amongst other things, any interest or relationship which might affect (or might be considered likely to affect) his independence. The statement includes the words: ‘I know of no conflict of interest of any kind, other than any which I have disclosed in my report.’(CPD V, Evidence, 19B, ‘Statements of Understanding and Declarations of Truth in Expert Reports’). It is contempt of court to sign a statement of truth either knowing it to be false or not honestly believing it to be true.
  2. Note further that the statement of truth ends: ‘I confirm that the contents of this report are true to the best of my knowledge and belief and that I make this report knowing that, if it is tendered in evidence, I would be liable to prosecution if I have willfully stated anything which I know to be false or that I do not believe to be true.’(CPD V, Evidence, 19B, ‘Statements of Understanding and Declarations of Truth in Expert Reports’).
  3. Now ‘willfully’ means ‘recklessly’; that is, ‘careless as to the truth of’. This means that an actual intention to lie is not required; it is enough to be careless (reckless) as to whether what you say is true (that is, going ahead in spite of an awareness of a risk or likelihood of untruth). See Derry v Peek [1889] UKHL 1(http://www.bailii.org/uk/cases/UKHL/1889/1.html): ‘Fraud is proved when it is shown that a false representation has been made (1) knowingly or (2) without belief in its truth or (3) recklessly, careless whether it is true or not.’ If recklessly making a false representation is sufficient to prove fraud, it is surely sufficient to prove contempt of court.
  4. Now, it is inconceivable that Dr. Wilkinson did not know about the relationship/connection; that is, that Ms. Baljit Ubhey OBE, who is Chief Crown Prosecutor (CCP) for the Crown Prosecution Service in London, is a patron of the organization he runs. It is inconceivable that he was not aware that the relationship might reasonably be seen as giving rise to a risk of bias on his part (he prepared a report for an organization and a senior employee of that organization is a senior figure in the organization which he, Dr. Wilkinson, runs; a classic case of a relationship that could give rise to a bias or a perceived risk of bias). It follows that he must have known that he had a duty to disclose the relationship and deliberately chose not to do so. In other words, he intentionally concealed the relationship. Again, what matters here is not so much what was concealed but the patent dishonesty of the act of concealment. In short, we have an expert who is demonstrably dishonest. This is what matters. It is comparable to committing perjury in relation to a minor criminal offence; it is not the seriousness of the original offence that matters but the fact of lying to the court, which is what Dr. Wilkinson did. Bear in mind that Dr. Wilkinson has considerable experience of acting as an expert witness. It is not as if he was ‘the new kid on the block’. He has no excuse whatsoever.

Consequence of exclusion of expert’s report

  1. It becomes clear not only that Dr. Wilkinson’s report should be excluded, but becausehis report was an important element of the prosecution’s case (if it had been unimportant it would have been unnecessary to employ experts in the first place), the conviction cannot stand. See Regina v. Connor & Anor [2004] UKHL 2 (http://www.bailii.org/uk/cases/UKHL/2004/2.html) at 5: ‘If there are substantial reasons to doubt the impartiality of the tribunal, the matter must be examined in order to determine whether there has been a breach of this fundamental guarantee [of an impartial tribunal]. That is so even if the reasons for doubt about the impartiality of the tribunal only emerged after the verdict. If there has been a breach [of Article 6 ECHR], the conviction cannot stand.’
  2. Article 6 ECHR (right to a fair trial) gives an absolute right to a hearing before an impartial tribunal. Where the state, in the form of the state prosecutor (CPS), employs an expert witness who deliberately conceals a relationship with that state prosecutor, how can it possibly be claimed that the tribunal is impartial (free from actual bias or a perceived risk of bias)? In the broader context of the right to a ‘fair trial’, a person clearly cannot have a fair trial where key evidence (an expert’s report in this case) is treated by the court as being impartial, and is admitted on that basis, when it clearly should have been excluded because of actual bias or a reasonable perception of a risk of bias.

The ‘best of deceivers’

  1. In addition to the above, an expert is required to state in his statement of truth that ‘I have endeavoured to include in my report those matters, of which I have knowledge or of which I have been made aware, that might adversely affect the validity of my opinion. I have clearly stated any qualifications to my opinion.’ (CPD V, Evidence, 19B, ‘Statements of Understanding and Declarations of Truth in Expert Reports’).
  2. Now, Dr. Wilkinson said, in essence, that lying is not mandated in Islam unless a person is in danger. Lying is therefore generally a bad thing in Islam, so to call someone a liar is to insult him, not praise him. This was the logic. But there are well-known verses in the Koran that describe Allah as the ‘best of deceivers’ or similar. The point is that, logically, Allah can do no wrong, so if he is the ‘best of deceivers’ (note not ‘worst’), this can only mean that deceiving (or lying) is a good thing; that is, if Allah does is, it must be good. This would appear to contradict Dr. Wilkinson’s argument.

*Qur’an 3:54-‘And they (the unbelievers) planned to deceive, and Allah planned to deceive (the unbelievers), and Allah is the best of deceivers.’

Qur’an 7:99-‘Are they then safe from Allah’s deception? No one feels safe from Allah’s deception except those that shall perish.’

Qur’an 8:30-‘And (remember) when the unbelievers plotted deception against you (O Muhammad), to imprison you, or kill you, or expel you. They plotted deception, but Allah also plotted deception; and Allah is the best of deceivers.’

  1. But the point is not whether the description of Allah as the ‘best of deceivers’ actually does contradict Dr. Wilkinson; it is that this clearly might adversely affect the validity of his opinion (the statement above says:‘…that might adversely affect the validity of my opinion.’). This means that Dr. Wilkinson had a duty to highlight the matter and to explain why lying in Islam is a bad thing in spite of the fact that Allah is described as the ‘best of deceivers’.

Tawriya

  1. Other Islamic teachings and caveats permit Muslims to deceive even fellow Muslims. For example, I believe that the doctrine of tawriya allows Muslims to lie in virtually all circumstances, provided that the lie is articulated in a way that it is technically true. The authoritative Hans Wehr Arabic-English Dictionary defines tawriya as ‘hiding, concealment; dissemblance, dissimulation, hypocrisy; equivocation, ambiguity, double-entendre, allusion.’ Conjugates of the trilateral root of the word, w-r-y, appear in the Quran in the context of hiding or concealing something (e.g. 5:31, 7:26).
  2. In other words, a central issue in the case was whether Islam allows Muslims to lie. Even if the doctrine of taqiyya does not allow Muslims to lie except when their lives are in danger, it appears that there is another doctrine in Islam (tawriya) which does allow Muslims to lie when their lives are not in danger. Dr. Wilkinson should have disclosed this fact; he should have said, in effect, that the questions about taqiyya are too narrow. In other words, Dr. Wilkinson gave a false overall impression that Islam does not allow lying. He had a duty to point out the broader truth.
  3. His failure to mention tawriya amounted to lying by omission.
  4. Further Sahih Bukhari (3, 49, 857) (http://sahih-bukhari.com/Pages/Bukhari_3_49.php), narrated by Um Kulthum bint Uqba states ‘That she heard Allah’s Apostle saying, “He who makes peace between the people by inventing good information or saying good things, is not a liar.”‘
  5. Thus, if a Muslims lies about a wrong he has done, denial of doing the wrong arguably ‘makes peace between the people’ in the sense that it avoids (or attempts to avoid) confrontation, accusations and so on that might result from the wrongdoing.

A strong prima facie case

  1. For the above reasons, it is submitted that Dr. Wilkinson:
    1. was aware that a senior CPS employee is a patron of an organization which he runs (Curriculum for Cohesion);
    2. was aware that this gave rise to a potential conflict of interest in relation to preparing an expert’s report for the CPS;
    3. was aware that he had a duty to disclose any potential conflict of interest (‘any’ being the word used in the CPS document ‘Expert Evidence’, as quoted above);
    4. therefore, either intentionally or willfully, he did not disclose that potential conflict of interest;
    5. was aware, as a Muslim scholar, of the ‘best of deceivers’ verses in the Koran (Dr. Wilkinson claims to have memorized large sections of the Koran and he was an Imam in the Mosque of Norwich from 1999 to 2003 and ran the Koran school there);
    6. was aware that these verses might affect the validity of his opinion on the subject of taqiyya (lying), orwas aware that others might think that these verses could affect the validity of his opinion and that he was therefore aware that he should, at the very least, explain why these verses do not affect the validity of his opinion (in other words, the verses are an obvious hurdle because they appear to say that lying (to further the cause of Islam) is mandated in Islam, whereas Dr. Wilkinson claims that it is not);
    7. therefore, either intentionally or willfully, he did not disclose those verses.
    8. was aware that there is a doctrine in Islam (tawriya) which does allow Muslims to lie;
    9. was aware that, to give a proper understanding of the broad issue of whether Islam allows Muslims to lie, he should have disclosed the existence of tawriya;
    10. therefore, either intentionally or willfully, he did not disclose the existence of tawriya.
  2. It is submitted, on this basis, that there is strong prima facie case that Dr. Wilkinson is in contempt of court.
  3. Note, in this context, that if Dr. Wilkinson is not aware of the ‘best of deceiver’ verses or the doctrine of tawriya then he can hardly be regarded as a scholar of Islam; in which case, he is not qualified to give an expert opinion in the first place.
  4. In short, if Dr. Wilkinson is aware of these matters then he should have disclosed them (in which case his expert’s report will have to be excluded on the basis that he knowingly excluded matters which he should have included); if he is not aware of these matters then he is not an expert (in which case his expert’s report will have to be excluded for that reason). Either way, his expert evidence must be excluded, and since that evidence was a significant part of the prosecution’s case, it is clear that excluding that evidence will necessarily mean that the conviction cannot stand.

Public interest

  1. If a person has been wrongly convicted largely on the basis of expert evidence which should not have been admitted in the first place, for the reasons stated above, then there is a clear public interest in doing justice to the person wronged. One of the most important aspects of a justice system is that it should be seen to make good its own mistakes (which will inevitably happen in the best of systems) as speedily and as effectively as possible. If mistakes or other wrongs of this nature are simply covered up to avoid embarrassing, exposing or punishing those responsible then, inevitably, the justice system will, over time, fall into disrepute – and when people cease to respect the justice system, respect for the rule of law (one of the essential pillars of an ordered and just society) will be eroded. With scandals like the Birmingham Six, Hillsborough, the Rotherham rape scandal and so on, we are dangerously far down that road already; so far down that it might already be impossible to save the situation. Every instance of this kind is another small nail in the coffin of a civilized and law-abiding democracy. When the short-term self-interest of those responsible in avoiding exposure and sanctions is weighed against the long-term interest in preserving respect for the justice system and, ultimately, the rule of law, where the public interest lies is obvious.
  2. The choice is clear; it is between the short-term aim of protecting certain individuals within, or associated with, the justice system and the long-term aims of maintaining respect for the justice system and the rule of law. Perhaps the justice system can survive just one more nail in the coffin. Maybe. Perhaps we haven’t quite reached the breaking point yet; the point at which people consider that the entire justice system is actually a criminal enterprise. Maybe.

Proceedings would be proportionate

  1. ‘Proportionate’ means ‘suited to the objective, need or problem’, which, in this case, means actions suited to (not excessive in relation to) the wrong that needs to be made good and to the aim of preserving respect for the impartiality of the justice system and the rule of law. In relation to the latter two objectives, it is difficult to envisage an action that would be disproportionate, given their over-riding importance. Certainly, sanctioning one person and overturning the conviction of another cannot be regarded as somehow unwarranted and excessive in that context.
  2. Proceedings for contempt of court are clearly proportionate in relation to the aim of doing justice to a person wrongly convicted (if he was wrongly convicted) and preserving respect for the impartiality of the justice system and the rule of law.

Conclusion

  1. Proceedings for contempt of court are in the public interest and would be proportionate, both in relation to the wrong that needs to be made good and in relation to the aim of preserving respect for the justice system and the rule of law.
  2. There is a strong prima facie case of contempt because Dr. Wilkinson:
    1. intentionally or willfully concealed a relationship which would give rise to a reasonable apprehension or suspicion on the part of a fair minded and informed member of the public that he might be biased;
    2. intentionally or willfully failed to explain the insurmountable conflict between his duty as a Muslim and his duty to the court;
    3. intentionally or willfully failed to identify matters which appear to directly contradict his opinion or which, at the very least, might be seen by the ordinary, reasonable man to adversely affect the validity of his opinion, and which therefore required explanation, as follows:
      1. the ‘best of deceivers’ verses;
      2. the doctrine of tawriya.

We respectfully request that you process this application in an appropriate and timely fashion.

Yours, etc

Tim Burton