Sabir, Mohammed

Mohammed Sabir was convicted in November 1991 of conspiracy to evade the prohibition on the importation of a Class A drug and conspiracy to supply a Class A drug (heroin). Mr Sabir received a sentence of 17 years’ imprisonment and was ordered to pay £30,000 towards prosecution costs.

The CCRC received an application for review of the conviction in August 2006.

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 HMCE’s extensive use of the informant, the informant’s storage of drugs whilst engaged in HMCE CD operations, and non-disclosure of information that might have highlighted these issues.

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

The CCRC referred the conviction in January 2007.

The Court of Appeal upheld the conviction in May 2007.