Hussain Altaf
Altaf Hussain was convicted in June 1988 of conspiracy to import heroin and received a sentence of 13 years’ imprisonment and a confiscation order in the sum of £9,128.57 with nine months’ imprisonment in default.
The CCRC received an application for review of the conviction in September 2005.
The prosecution had resulted from a “controlled delivery” (CD) operation. In these operations, HMCE targeted importers of heroin to the UK by using Pakistani informants who participated in the offences as couriers.
In this case, a “participating informant” (PI) worked with HMCE and took part in the operation.
The CCRC observed that HMCE had concerns about this PI from the start.
The PI had been involved in three operations for which the subsequent trials collapsed because of the nature of the PI’s activities. In two other operations, the convictions that followed were later quashed, partly as a result of the PI’s inappropriate activities.
The CCRC considered that in terms of its CD operations from Pakistan to the UK, HMCE acted in a way which was not conducive to maintaining the integrity of the criminal justice system.
From their inception in the 1980s, the operations were structured and conducted in such a way that, particularly having regard to the apparent lack of control exercised over informants, the risk of informants manipulating the system was real and identifiable.
Some informants were actively engaging in planning and committing crimes and were playing more than a minor role (in some cases with the knowledge and/or assistance of HMCE officers).
Consequently, HMCE’s operations had the effect of creating and sustaining heroin related crime.
Following review, the CCRC concluded that there was a real possibility the Court of Appeal would find Mr Hussain’s conviction unsafe on the grounds of abuse of process.
The CCRC referred the conviction in April 2006.
The Court of Appeal quashed the conviction in July 2008.