“Although I recognise that it is common practice for prosecutors in England and Wales to offer no evidence against a defendant if two previous juries have been unable to agree, that is no more than a convention,” he said.
“My task is to judge whether, taking into account all relevant considerations, the public interest is better served in this particular case by offering no evidence or by seeking a further retrial.
“Having taken into account the views of the prosecution team, I am satisfied that, notwithstanding the failure of two juries to agree a verdict, there remains a realistic prospect of a conviction against each defendant on the charge of conspiracy to murder.”
He added: “Having regard to the very serious nature of the charge and the very considerable public interest in having the allegation determined by a jury one way or the other, I have concluded that, in this exceptional case, it is in the public interest to seek a further retrial.”
First a judge must be convinced of the case for a retrial.
If he or she approves, the Crown Prosecution Service (CPS) will have its work cut out. Two juries have indeed decided to clear Arafat Waheed Khan, Ibrahim Savant and Waheed Zaman, even in the face of this horrifying “martyrdom video” evidence.
These are publicly available video excerpts, with further transcript excerpts reported here by the BBC.
Arafat Waheed Khan:
“We will rain upon you such a terror and destruction that you will never feel peace and security.
“There will be floods of martyrdom operations and bombs falling through your lands. There will be daily torment in this world and a greater torment awaiting in the hereafter.
“Now I’d like to address the bootlickers who stand shoulder to shoulder with Kuffar in condemning these beautiful operations and the Mujahedeen.
“In particular, I’d like to address the scholars to whom Allah has given knowledge which they concealed and play with to please the Kuffar, to save themselves from their disapproval.
“What a miserable deal. Pleasing the Kuffar all while just pleasing Allah. Fearing them instead of fearing Allah.”
“I would like to thank Allah for giving me this opportunity to bless me with this Shahada [martyrdom].
“I ask Allah to forgive me for all my sins, to accept me as a martyr. I ask Allah to help the Mujahedeen everywhere in every way.”
…”As for the lovers of life and haters of death, you will class my case as a case of suicide.
“I say argue your case with the most high, and as he has said, and never think those who have been killed in the cause of Allah as dead, rather they are alive with their Lord and receiving provision.
“All Muslims take heed, remove yourself from the grasp of the Kuffar before you are counted as one of them. Do not be content with your council houses and businesses and western lifestyle.
“So we also say that if you are among the polytheists whilst they are attacked, we are free from you whatever may befall you.
“All Muslims feel the need to dust your feet in the training camps of Jihad where men are made.”
All of you so-called moderate Muslims, there’s only one way in which to solve this crisis, the problems will not be solved by means of campaigning, big conferences, peaceful negotiations with the disbelievers.
“The only solution to this current situation of the Muslims is by fighting Jihad for the sake of Allah until the enemy is fully subdued and expelled from our lands.
“America and England have no cause for complaint for they are the ones who invaded and built bases in the land of the Muslims. They are the ones who supply weapons to the enemies of Islam, including the accursed Israelis.
“I’m warning these two nations and any other country who seeks a bad end, death and destruction will pass upon you like a tornado and you will not feel it.
“You will not feel any security or peace in your lands until you [stop] [we say] interfering in the affairs of the Muslim completely.
“I’m warning you today so tomorrow you have no cause for complaints. Remember, as you kill us, you will be killed and as you bomb us, you will be bombed.”
“I will pray that Allah makes us successful in our actions, may he grant us Jannah [paradise].
“May he raise us on the Day of Judgment to be with the prophets, martyrs and people in the right path. May Allah bless the Mujahedeen with victory upon victory wherever they may be and may he focus their aim and may he make them of the patient ones.
“I have not been brainwashed. I have been educated to a high standard. I am old enough to make my own decisions.”
If the retrial bid fails, in front of a judge or, worse, a third jury, it will be a serious setback for the CPS. Mr Starmer has taken quite a gamble.
Good for him. I think he did the right thing. If you want to be a shaheed in the UK, and you record a video to prove it, your place is a prison cell, not the streets, let alone Heathrow.