High Court judge Sir Robert Jay has come under criticism after telling convicted terrorist Haroon Aswat “all the best” ahead of his release, despite police warnings that he continues to pose a serious threat to UK security.
Aswat, 50, will return to his family in Batley, West Yorkshire, after completing his sentence. However, due to a legal loophole, he will not be subject to electronic monitoring because he is under psychiatric care.
Court transcripts from an April 1 hearing revealed the judge speaking sympathetically to Aswat, asking about his health and telling him to “keep on your medication” and “keep out of the sort of things you were doing.”
Aswat has a long record of involvement with extremist networks. He trained in al-Qaeda camps in Afghanistan before the 9/11 attacks and was named in documents recovered from a Pakistani safehouse used by Khalid Sheikh Mohammed, the architect of 9/11.
He also worked with Finsbury Park Mosque preacher Abu Hamza to set up a US terror training camp in 1999. During the 7/7 London bombings investigation, police traced at least 20 calls from the suicide bombers to a phone linked to him, although he was not charged. Weeks later, he was arrested in Zambia carrying a terror manual and suspected bomb parts.
After a lengthy legal battle, he was extradited to the United States in 2014 and pleaded guilty to terror offences in 2015. His 20-year sentence was reduced to seven years due to time previously served in Broadmoor Hospital. While in US custody, he confessed to a role in both 9/11 and 7/7.
Senior counter-terror officer Det Chief Supt Gareth Rees told the court that Aswat has continued to speak positively of his time with al-Qaeda and expressed aspirations to reconnect with them. “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,” he warned.
The government has confirmed that Aswat will remain under psychiatric supervision and subject to monitoring measures for 30 years, but his exact release date has not been disclosed.
Criticism of Justice Jay’s remarks has been strong. Former minister Robert Jenrick said: “Nobody should be wishing this evil terrorist well … Justice Jay should be ashamed of acting pally with a convicted terrorist.” Nigel Farage also condemned the judge, calling for his removal.
