Minimum Terms
Minimum terms set for young offenders by the Lord Chief Justice
28/07/04
10:00am
Court 4
Royal Courts of Justice
The decision of the Lord Chief Justice on minimum term in the case of Umran Wali Qadir in accordance with the Practice Direction dated 27 July 2000 (The Times 9 August 2000)
mran Wali Qadir ("Qadir") was born on 19 April 1978. Qadir was convicted of the murder of Ayotunde David Obanubi on 20 May 1996 and sentenced to be detained at Her Majesty's pleasure. The conviction was later appealed in the Court of Appeal and that appeal was dismissed. Qadir was aged 16 at the time of the offence.
The facts are taken from the trial judge's report to the Home Secretary and the judgment handed down by the Court of Appeal on 5 February 1998. Both the deceased, a 20 year old Nigerian student and Qadir were students at Newham College of Further Education in East Ham, London ("the College"). Qadir's co-defendant, Saeed Mustapha Nur ("Nur"), although not a student of the College, had become the leader of certain Muslim students, including Qadir. At the time of the offence, there were divisions on racial and religious grounds amongst the multi-ethnic student population of the College. These tensions had been in evidence during Ramadan that year.
It was common ground that, on Friday, 24 February 1995, the deceased had sustained a small stab wound in his left arm (his right arm was withered) from an Asian student who, it appears from the documents before me, was identified as Qadir's brother, Abdul Qadir. That occurred during an argument about table tennis in the Student Common Room at the College.
At about 1 pm on Monday, 27 February 1995, a group of young men picked a quarrel with the deceased outside the College. Some of the group were armed with knives and hammers. The group having surrounded the deceased, he was stabbed to death by Nur. Qadir was armed with a hammer and at least aimed a blow with it at the deceased.
The trial judge commented that, although neither defendant had ever before been known to use violence, they were both plainly capable of it when they perceived their religion to have been insulted. Noting that Nur was much older than Qadir, the trial judge considered that Nur had led Qadir and others astray. Lord Bingham, the Lord Chief Justice at the time of sentencing, agreed with the trial judge's recommendations of 10 years for Qadir and 15 years for Nur.
According to documentary evidence, Qadir initially had difficulties with coming to terms with the offence. It appears that there were concerns about his ability to control his anger whilst at HMYOI Aylesbury and that he received two adjudications at that institution for fighting.
However, particularly following his transfer to HMP Swaleside, it appears that Qadir matured. In a report dated 10 April 2001, his Lifer Officer noted that Qadir had shown signs of maturing as he progressed into an adult establishment and recommended that he be put forward for a category C establishment. Qadir had, by that time, completed a Reasoning and Rehabilitation course in September 2000. The report on Qadir for that course stated that he was "one of the group's best participants" and that his attitude to Reasoning and Rehabilitation was the most honest and open that his course tutor had experienced.
In August 2001 Qadir was transferred to Category C conditions at The Mount. In a progress report dated 13 March 2002 prepared by his Wing Manager, Qadir was said to have demonstrated a change in behaviour which was reflected by, amongst other matters, his adjudication record and his maintained enhanced status (since 1998). The report also noted that Qadir had tried to make good use of his time in custody, completing numerous educational courses and achieving recognised qualifications in some.
I note that in a Psychologist's Report produced by Lindy Maslin and Danielle Forbes (dated 4 March 2002) it states that that Qadir had expressed feelings of remorse for the deceased's death.
Qadir was transferred to HMP Standford Hill, a Category D prison, in December 2002. It is clear from the letter of 6 May 2004 of Richard Halls, Lifer Manager at HMP Stanford Hill, that Qadir's progress continued at that institution. Qadir is said to have developed new relationships and understandings through his periods of temporary release. From October 2003 onwards he undertook community work at the local Age Concern centre, for which he received excellent reports from the centre manager.
In Qadir's most recent Sentence Planning and Review Board Report dated 15 June 2004, it states that he is now considered to be a low risk to the public and that the risk is reducing all the time. He has stayed with his family during resettlement periods and has good support from them. Qadir is said to be enjoying a paid work placement as a warehouse packer at a company in Dover, which he secured following his successful period of community work at the Age Concern centre.
I have read the representations made by Quist Solicitors on behalf of Qadir and have taken these into account.
I have read a statement and a letter written by Abimbola Obanubi who is the older brother of the deceased and speaks on behalf of the family. I have taken these representations into account. Whilst the family has not commented specifically on the length of the minimum term, I note that it seeks an explanation for the murder before Qadir is considered sufficiently rehabilitated and remorseful to be released.
I have carefully considered all the information placed before me. I am impressed by the progress that Qadir has made during his period for detention. However, despite this progress 10 years remains the appropriate minimum term.