Former Met commander Dizaei wins appeal

Former Metropolitan Police commander Ali Dizaei is set to walk free from prison after the High Court ruled his conviction for corruption was unsafe and ordered a retrial.

Dizaei was jailed for four years in February last year after a jury at London’s Southwark Crown Court convicted him of misconduct in a public office and attempting to pervert the course of justice.

He had been accused of attempting to frame website developer Waad al-Baghdadi after the two fell out over money.

The jurors heard allegations that Dizaei threatened, assaulted, falsely arrested and faked evidence against the 24-year-old, who built him a vanity website.

Iranian-born Dizaei, 48, had been one of Britain’s most senior Muslim officers at the time of his fall from grace.

His lawyer, Michael Mansfield QC, said the conviction was unsafe because of allegations made about the credibility of Mr al-Baghdadi, the key witness in the case.

Lord Justice Hughes, sitting with Mr Justice Treacy and Mr Justice Cranston, said the court had been “driven to the conclusion” that his conviction “cannot be regarded as safe”, adding: “We are satisfied that it is in the interests of justice that there should be a retrial.”

He and his family are very pleased that the Court of Appeal quashed this verdict against him. Stephen Fox

The judge said Dizaei’s challenge relied “on material going to the general credit of the other party to the personal dispute” – including an allegation that Mr Baghdadi had committed benefit fraud.

Lord Justice Hughes said fresh information about benefit claims would obviously have had some impact on the jury’s deliberations.

The Court of Appeal, “which cannot and should not attempt to make itself into a jury in order to assess the whole case, on paper and without seeing the witnesses, simply do not know whether this conviction is soundly based or not”.

He concluded: “In those circumstances we are driven to the conclusion that it cannot be regarded as safe.”

The judge said Dizaei, who did not attend the ruling, “would be granted bail forthwith” ahead of the retrial later this year.

He is expected to be released from prison shortly and be reunited with his wife, Shy.

Dizaei’s solicitor Stephen Fox, from Ralli Solicitors, said the former police chief was “relieved” his conviction had been quashed and he could again “call himself an innocent man”.

Mr Fox said: “He and his family are very pleased that the Court of Appeal quashed this verdict against him.”

A CPS spokesman said: “The Court of Appeal has ordered that Ali Dizaei should be retried for perverting the course of justice and misconduct in public office.

“The court has said that a jury should have the opportunity to decide whether the prosecution evidence is sufficient to prove the case against Mr Dizaei, considering the new material relating to the alleged victim.

“It is important that all defendants receive a fair trial, and so it would be inappropriate to comment further at this stage.”

Dizaei said he had not given up hope of returning as an officer at Scotland Yard.

“All I ever wanted to do was be a police officer and serve the Metropolitan Police Service,” he told a press conference.

Dizaei said his 15 months in prison had been “hell” and “like putting a hand in a wasps’ nest”

He added: “I was assaulted on a number of occasions.

“Had it not been for my wife (Shy), I would have broken down. I have kept my faith.”

Dizaei added that he would “still be in the cells” without Shy’s “single-handed” and “relentless” efforts.