Terror suspect sent to Midlands loses appeal to return to London

Judge: upheld the control order imposed by Home Secretary Theresa May
12 April 2012

A terror suspect banned from London over allegations of plotting a "Mumbai-style" attack today lost a High Court bid to be allowed to return to the capital.

A judge said he was satisfied that there were reasonable grounds for suspecting that "CD", who cannot be named for legal reasons, "is a leading figure in a network of Islamist extremists based in north London and has been involved in planning an attack on members of the public".

Mr Justice Owen said the targets were "most likely in London" and that the attacks would be carried out "potentially involving firearms" as he upheld the control order imposed by Home Secretary Theresa May.

The judge added that the restrictions on CD's freedom stipulated by the control order, including the decision to relocate him from London to a Midlands city, were a "necessary and proportionate measure for the protection of the public from the risk presented by CD and his associates".

Today's ruling will heighten the controversy about Mrs May's decision to abandon the power to impose internal exile at the end of the year when control orders are replaced by new and less rigorous Terrorism Prevention and Investigation Measures.

The change will allow "CD" - a father of two with joint British and Nigerian nationality - to return to London, along with several other terror suspects currently barred from the capital under the control order system.

An MI5 witness had earlier told the court that it was "strongly assessed" that CD attended a terror training camp in Cumbria in 2004. Written statements also suggested that the four men who carried out the failed 21/7 attack on the Tube were present at the time.

The court was also told that there was evidence that CD underwent further training in Syria for three years and while there began planning a terrorist attack against the UK.

Lawyers for CD claimed that these reports were flawed and that he rejected the allegations against him.

London Mayor Boris Johnson has appealed to ministers to keep CD away from the capital and to "think again" about watering down the curbs imposed on him, while shadow home secretary Yvette Cooper has also criticised the decision to end control orders.

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