Terrorism suspect ordered to leave London

A father on a control order has been ordered to live outside london over risks he might raise funds for terorrists. Photograph: Andy Rain/EPA

A terrorist suspect and father of five has been ordered to move to a city outside London because of the risk that he might participate in fundraising for Pakistani militant groups.

The 38-year-old, who can only be identified as "BM", is already the subject of a control order which restricts his movements under the 2005 Prevention of Terrorism Act. MI5's assessment, accepted by the home secretary, is that BM is "committed to terrorism – in particular terrorism in Pakistan" and wishes to travel there, the high court was told.

BM was described in court papers as a 38-year-old British national born in Sheffield with five young children who had been living in Ilford, east London.

A requirement of the control order being challenged was that he must relocate to "an address in a city outside London". BM's lawyers argued such a "drastic step" of removing him to another part of the country would cut him off from anything but occasional contact with his children and was not justified.

They had argued there must be other ways of reducing or eliminating the risk he posed. Mr Justice Calvert-Smith, sitting in London, however, rejected the appeal.

Relocating him would involve a "particularly serious" infringement of his right under Article 8 of the European Convention on Human Rights to a private and family life, the judge acknowledged. But that right was outweighed by the real risk that without such a restriction "the appellant would take part in the transfer of monies to those fighting against allied troops".

The existence of associates in London who would be able and willing to assist him in sending funds "has not been denied", said the judge. Relocating him to another city would make that more difficult.

The judge said there was evidence BM assisted his two brothers to go to Afghanistan to commit acts of terrorism in April 2009. The first control order was imposed on April 30 that year and he was banned from his east London home on 21 May. But a high court judge ruled the relocation decision was flawed and he returned to London.

MI5 then produced evidence that, from late 2009, BM was involved with sending significant sums of money to his brothers in Pakistan. In January 2010 he was again ordered out of the capital but became involved in criminal proceedings over alleged breaches of his control order. In April this year the court of appeal revoked the first control order and the proceedings were dropped. A second control order was imposed on 8 April.

Control orders are due to be replaced with less stringent terrorism prevention and investigation measures (TPIMS).

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