The ongoing inquiry into UK undercover policing has revived hopes among lawyers for the four men convicted in the “Birmingham Four” case, as they seek to have their convictions reviewed by the Criminal Cases Review Commission.
New evidence from the undercover policing inquiry
Lawyers for Khobaib Hussain, Naweed Ali, Mohibur Rahman and Tahir Aziz argue that recent testimony at the inquiry could undermine the original convictions. The investigation, which examined the conduct of officers who spied on more than 1,000 political groups from the late 1960s to at least 2010, revealed that an undercover officer known as “Vincent” may have fabricated evidence in unrelated cases.
Gareth Peirce, a solicitor noted for handling miscarriage of justice claims, submitted fresh material to the commission earlier this year. The filing references testimony from November last year, where managers of the undercover officer claimed he had invented a gun plot to frame an animal‑rights activist. Peirce highlighted “the coincidences and parallels” between that incident and the evidence used against the Birmingham Four.
During the original trial, prosecutors relied on a bag found under the seat of Ali’s vehicle that contained a partially assembled pipe bomb, an imitation handgun with an empty magazine and a meat cleaver marked with the word “kafir.” The defence has long maintained that the officer planted the items, a claim the jury rejected at the time.
Legal actions and responses
The four men’s legal team filed an initial commission application in 2024 and are still awaiting a decision. Peirce’s recent filing expands on the earlier request, citing the inquiry’s revelations as potentially “new and compelling” evidence.
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Stephen Kamlish, who represented Ali at the 2017 trial, reiterated that the trial evidence proved his client’s innocence, noting that Ali had voluntarily handed his car keys to the undercover officer. “I have no doubt at all that the defendants are innocent – all of them,” Kamlish said.
Family members of the convicted continue to campaign for a review. Mariam Hussain, sister of Khobaib Hussain, has worked with the Muslim advocacy group Cage to press for a reopening of the case.
She expressed frustration with the commission’s process, saying the family must “spoon‑feed and redirect” because they receive no regular updates.
“It hasn’t ended for us. That pain, it’s every day. We’re living a nightmare every day,” she said, describing the ongoing emotional toll.
The lack of clarity from officials leaves the family feeling “helpless” as the ten‑year anniversary of the arrests approaches.
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While the inquiry’s findings are still being examined, the broader context suggests that the methods used by undercover officers in the past may have compromised the integrity of other cases. The ability of a single officer to introduce fabricated evidence, as alleged in the animal‑rights activist case, raises questions about the reliability of evidence that formed the basis of many convictions, including those of the Birmingham Four.
Human rights organizations have also weighed in. A joint statement issued by several charities, including the miscarriage of justice charity Appeal, called on the commission to act swiftly and reopen the case. The statement urges consideration of the new testimony as part of its assessment and to ensure that any potential miscarriage of justice is corrected.
As the legal process unfolds, the Birmingham Four remain in prison, with their convictions still standing pending a commission decision.
Next steps depend on whether the new information is deemed sufficient for a full review.
