Pakistani lawyer may appeal against drugs conviction of boxer

LONDON: A British Pakistani lawyer says they may appeal the drugs conviction of professional ex-boxer Herbie Hide after the collapse of the drugs trial of singer Tulisa Contostavlos and the public criticism of the The Sun on Sunday reporter Mazhar Mahmood.
Hide was jailed for 22 months in November last year after being filmed by Mazher Mahmood setting up a drug deal - the story was published in the Sun on Sunday. But after the Ms Contostavlos’ trial collapsed when the judge said he thought undercover reporter Mazher Mahmood lied in court, Mahtab Aziz, who represented the boxer at the trial, announced that he was considering appealing against the conviction of his client.
Mahtab Aziz, who is one of the founders of Pakistan Tehreek-I-Insaf (PTI) in Britain and has represented Imran Khan in a court case here, told The News that the collapse of Tulisa’s trial is a “very interesting outcome and paves the way for a possible appeal of conviction for my client Herbie Hide who was similarly the subject of a Sun on Sunday sting by Mazher Mahmood in January/ February 2013.”
The judge ruled that it was likely the Sun on Sunday’s investigative undercover reporter Mazher Mahmood had attempted to persuade a witness to change his evidence and then lied about it under oath.
Mahtab Aziz said that in the case of his client Mahmood played the role of a rich Indian business man that entrapped Herbie in to getting interested in taking part in a Heavyweight boxing tournament in Dubai with the promise of a huge payout for engaging in fixed boxing bouts.
“Although Herbie did not take part in any such boxing match he was entrapped in to providing a telephone number of an individual who was known to Herbie and who was spoken to subsequently by Mazher Mahmood and from whom he obtained a small amount of cocaine as part of the sting purportedly for his own (Mahmood’s) use. Herbie was not physically present at this meeting.
“However, this was the basis upon which the Crown Prosecution Service charged Herbie with conspiracy to supply a class ‘A’ drug. Herbie pleaded guilty to the allegation on a basis that he had been tricked and entrapped in to committing the offence by the Sun on Sunday. Despite expectations that Herbie may receive a suspended sentence the judge sentenced him to 22 months immediate custody which was reduced on appeal to 18 months.”
Aziz said that the methods used by Mazher Mahmood to “contrive such a situation whereby Herbie was put in to this position was not detailed by the press and media at the time although highlighted by his Defence Counsel during his hearing at court. The same driver in Tulisa’s case whose statement Mahmood is accused of manipulating was used by Mahmood in Herbie’s sting along with another individual called ‘Gary’ who actively sought out Herbie and was instrumental in setting up the meetings between Herbie and Mahmood.”
Aziz said that at Herbie’s hearing The Sun on Sunday did not co-operate with his requests for disclosure regarding the people and methods employed in this sting.As a result of Tulisa’s collapsed trial and the judge’s comments Mahmood has now been suspended by the Sun pending an internal investigation. It is possible that Mahmood could be tried for perjury but no decision on that has been made yet.
Mahtab Aziz added: At the conclusion of Herbie’s case I commented that had Herbie’s case been heard at a London Crown Court and not in Norwich in my opinion there would not have been the same outcome. The defence’s abuse argument was not accepted by HHJ Lucraft QC. I had great issues with the conduct of the matter by HHJ Lucraft QC who presided over Herbie’s case and subsequently I successfully appealed to the Court of Appeal Criminal Division two of his decisions that he had made during the proceedings. The outcome in Tulisa’s case can only be described as just and fair but confirms my opinion and highlights an important issue and that is the same high standards should be applied up and down the country by all crown court judges.”