The Daily Telegraph

Mother of Isil Beatle condemns barbarism but fights on

- By

Mason Boycott-owen

THE mother of an Isil “Beatle” has agreed that her son’s actions were “barbaric” as she launches a High Court action against the Home Secretary.

Maha Elgizouli, whose son El Shafee Elsheikh and his co-defendant are in American custody, is bringing a judicial review at the High Court after Priti Patel decided to provide material to the United States government.

Elsheikh and Alexanda Kotey are both accused of being part of a terror cell of executione­rs in Syria, nicknamed “The Beatles” for their British accents.

It is alleged that they are responsibl­e for the killing of Western captives, including British aid workers David Haines and Alan Henning.

At a hearing in London yesterday, Ms Elgizouli’s lawyers said she agreed that her son’s alleged crimes were barbaric, but still wished to bring action over sharing informatio­n with the US.

In his opening remarks to the court, Richard Hermer QC admitted that Ms Elgizouli agrees that her son’s alleged crimes are “some of the most barbaric” committed during the conflict in Syria, adding that she “entirely condemns these abhorrent acts”.

Yet Ms Elgizouli’s lawyers argued that the Home Secretary’s decision was unlawful under the Data Protection Act, as well as requesting the court ban the passing of material to the US.

In a written submission, Richard Hermer QC said that both Ms Elgizouli’s son and his co-accused are waiting for an “imminent decision” on whether the pair should be prosecuted in the UK.

He argued that as a result, it was “not strictly necessary” to have transferre­d the data, and that Ms Patel had not taken sufficient inquiries as to whether their prosecutio­n would happen in the UK.

Mr Hermer said that the hearing is urgent since the US has indicated that it will move the pair for trial in Iraq, where they will be executed if found guilty, if it is not sent all the evidence the UK has on them by Oct 15.

He said that the Director of Public Prosecutio­ns has indicated he will reach a final decision on whether the pair will face trial in the UK. The Home

Secretary is contesting the case, with her lawyers saying that she acted “rationally and lawfully” in making her decision.

Ms Elgizouli previously brought a challenge against Sajid Javid, the then home secretary, for sharing informatio­n with the US without assurances they would not face the death penalty.

Her case was dismissed by the High Court last year, but that decision was overturned in March of this year following a ruling that it was unlawful under the Data Protection Act.

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