Osman, Mohammed

Mohammed Osman was convicted in March 1993 of conspiring to contravene the Customs & Excise Management Act 1979. Mr Osman received a sentence of 10 years’ imprisonment.

The CCRC received an application for review of the conviction in August 2001.

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, receiving a monetary reward.

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.

In this case, the CCRC identified a number of “anomalies” in the operation, including evidence that HMCE had failed to properly supervise and control the PI in accordance with internal and Home Office Guidance.

Following review, the CCRC concluded that there was a real possibility the Court of Appeal would find Mr Osman’s conviction unsafe on the grounds of abuse of process.

The CCRC referred the conviction in September 2005.

The Court of Appeal quashed the conviction in January 2007.