Today, Court of Appeal ruled in the appeal against Islamist Ubaydullah Hussain, threats, hate speech and incitement to terror.
Oslo District Court had previously acquitted him of inciting terrorism, but convicted him to 120 days in jail for threats and hate speech. Half penalties were suspended. The Court of Appeal has now confirmed the judgment.
The penalty considered expired, in that Hussain has served 53 days in custody.
Prosecutor Carl Fredrik Fari had requested that Hussain should be sentenced to one year and four months in prison and six months of imprisonment could be made conditional. Borgarting have handled the appeal from prosecutors that applied both acquittal and sentencing of Oslo District Court.
press release Hussain
Shortly after the judgment of the Court of Appeal had been publicly known, sent Ubaydullah Hussain this press release:
“I thank Allah for acquittal and hope to put this matter behind me. There has undoubtedly been an unnecessary burden. For me, this is still very little, when my thoughts are with the Muslims imprisoned in Norway under false accusations under cover terrorist clause that apparently only applies to devout Muslims. Now that PST has gone on yet another defeat, after spending countless resources on this issue, I hope that their persecution, harassment and scare tactics against Norwegian Muslims may soon end. “
Total cases
– We are pleased that the appeal is not brought forward. The judgment of the Court of Appeal is well founded. Hussain’s statements are within the freedom of expression the limits, said attorney John Chr. Elden.
So there were originally two separate cases were merged into one under the appeal.
Hussain were convicted in Oslo District Court in February last year. He got 120 days in jail for threats against two journalists for hateful and very derogatory remarks against the Jewish community in Norway and for threatening an expert in court. Half were suspended.
In October, he was acquitted of inciting terror.
Hailed killers
The indictment included remarks he made after the terror which cost 23 people their lives in In Amenas in Algeria in January 2013. Hussain praised the terrorists, hoping they got the biggest and best rewards in paradise.
After the terror demanded three lives and injured 264 people in Boston 15th April 2013 he praised the two brothers who stood behind. He praised also the killing of a British soldier in the street in London, the attack on the mall Westgate in Nairobi and eight Muslims who planned to blow up an aircraft between Britain and the United States.
Hussain and his defense counsel John Christian Elden believe his remarks are covered by freedom of expression and can not be punished.
Refused to explain
Hussain has refused to explain himself before the High Court. He thinks he has explained enough to the police and to the court earlier. There, Hussain and his lawyer, John Christian Elden, constantly argued that the statements are within the framework of Norwegian speech.
The prosecution has the desire to try the limits of what can be uttered in public places so as to creating a clear precedent for what is a criminal offense.
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