Airport trial judge refers Nigel Farage comments to Attorney General

The British Reform leader spoke about the case as the trial of Mohammed Fahir Amaaz, 21, and Muhammad Amaad, 26, continued at Liverpool Crown Court.

On June 21, Mr Farage told a press conference: “In a two-tier policing system, under a two-tier justice system, under a two-tier Keir, this has really come to the fore.

“Just look at the reluctance to prosecute these violent thugs at Manchester Airport who beat up the police.

“It took months and months for any prosecution to be brought, and I suspect that happened because the Reformers said if they didn’t do it, we would launch our own private prosecutions.”

Later that day – and not in front of the jury – Judge Neil Flewitt KC said a member of the public had informed him over lunch of Mr Farage’s comments.

The judge said: “It would have been better not to say it. That’s probably an understatement.”

Earlier in the trial, he rejected a request from defense teams to dismiss the case on the grounds that Amaaz and Amaad could not receive a fair trial due to persistent prejudicial comments on social media.

Imran Khan KC, defending Amaaz, called on the judge to reconsider this decision and was again asked to discharge the jury and postpone a retrial to a later date.

He said Mr Farage was “someone who has a huge influence on British politics”.

He said: “He is being touted as a potential prime minister. What he says has a lot of impact.

“We know he’s been tweeted and retweeted. He has about 2.2 million followers. So he’s not some weirdo or conspiracy theorist who doesn’t know how the criminal system works.”

Mr Khan also stressed that these comments were made during the presentation of the defense case, at a “critical moment in the trial”.

Judge Flewitt said: “I do not in any way want to minimize the inappropriateness of what was said (by Farage), but it does not appear to add anything to the material I considered last week. »

He said he continues to have “confidence” in the jury to review the case impartially.

Later, in a written ruling, he said: “I considered that the observation made by Nigel Farage was potentially in contempt of court as it implied the guilt of the defendants.

“Given that Nigel Farage is a well-known politician with a wide following and whose public statements attract a lot of attention, I have decided to refer the matter to the Attorney General to consider whether there should be contempt of court proceedings.

“This matter is no longer in my hands.”

He added: “It was also necessary for me to determine whether this development was likely to affect the fairness of the trial.

“I have decided that this intervention, however unwelcome it may be, would not prejudice the fairness of the trial. »

The Attorney General’s Office has since confirmed that magistrates did not initiate contempt proceedings in the case.

The Attorney General may bring contempt of court proceedings against any person who prejudices or obstructs the administration of justice, or creates a real risk of this happening.

Amaaz was found guilty of assaulting two female police officers and a member of the public at the airport in July 2024.

Jurors could not reach a verdict on other allegations that he and his brother, Amaad, assaulted a police officer, with a new trial ordered.

The jury failed to reach a verdict in the retrial, and Amaaz and Amaad will not face a third trial, with Amaaz, who was remanded in custody in July 2024, to be sentenced on June 26.

Speaking in court on Friday, the brothers’ lawyer, Aamer Anwar, said: “Since the two brothers were indicted in 2024, they have been subjected to an orgy of racial hatred.

“The social media posts, seen by millions, created a very damaging atmosphere in which a racist and anti-Muslim lynch mentality called for expulsion, rioting, the death penalty and hanging of both brothers if they were acquitted – even their sister and her newborn were threatened.

“The two brothers were accused of being rapists, terrorists, drug traffickers, but this is not the case.

“It is common knowledge that prior to this incident, Fahir Amaaz and Mohammed Amaad had never been in trouble before and they come from a law-abiding family of several police officers, who still serve with Greater Manchester Police.

“Last year, at the first trial, the trial judge referred Nigel Farage to the Attorney General for consideration of contempt of court. We also filed a brief with the Attorney General on Mr Farage and several prominent far-right social media offenders.

“Dangerous, pogrom-like attitudes have contributed to a culture of hostility in this case, as in any trial in this country involving defendants from a black, minority ethnic or Muslim community.

“The far right regularly claims that there is a two-tier justice system, but they are the ones operating in violation of the law, inciting hatred on social media, fueling conspiracy theories and attacking the right to a fair trial.

It is disappointing that the Attorney General believes there is no substantial risk that these comments will seriously prejudice the course of justice and has chosen to take no action.

“The right to a fair trial is a fundamental principle of the justice system. When public comments or online activities undermine this principle, the law must be applied consistently and without fear or favor. »

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