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It also confirmed that new laws in Jordan will exclude evidence that might have been obtained by torturing Abu Qatada's alleged co-conspirators and said his appeal "bears all the hallmarks of a last ditch argument".
BBC: Abu Qatada: Evidence extremely thin, says appeal judge
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To lose your right to freedom and face years of incarceration for something of which you are innocent because the courts have chosen to exclude sound expert evidence on memory is a travesty of British justice.
BBC: Can you trust your memory?
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"It is vitally important not to view intercept evidence as a silver bullet which will exclude the need for other things, " he said.
BBC: A phone tapping device