Iraq frees Brit jailed in antiquities case: lawyer

An Iraqi court has overturned the conviction and 15-year prison sentence imposed on a British pensioner last month for smuggling antiques, the pensioner’s lawyer said on Tuesday.

James Fitton was charged under a 2002 law with “deliberately taking or attempting to take an antique out of Iraq” with the maximum sentence under the country’s statute book being death by hanging.

The conviction was “overturned by the Court of Cassation today and my client will soon be free,” lawyer Thaer Saoud told AFP.

The pensioner’s son-in-law Sam Tasker told AFP in a phone call that the family was “very pleased with the decision but we are still waiting for his release”.

Fitton stood trial alongside German national Volker Waldmann, who was acquitted. Both men had pleaded not guilty.

Fitton’s attorney filed the appeal just over a month ago.

According to customs officials and witnesses, Fitton’s luggage contained about a dozen fragments of stone, pottery or ceramics.

When the judge in the original trial asked Fitton why he tried to get the artifacts out of Iraq, the retired geologist cited his “hobby” and said he had no intention of doing anything illegal.

“I didn’t realize it was against the law to take them,” Fitton had said, adding that some of the ancient sites were open and unguarded.

But the judge in the original trial concluded that there was criminal intent and sentenced Fitton to 15 years instead of death because of his “advanced age”.

Fitton’s lawyer posted the Court of Cassation’s verdict on his Facebook page on Tuesday, overturning the original verdict.

It said the charges against Fitton had been dropped and that he was being released for lack of evidence.

The court also ruled that there was no “criminal intent” on the part of the British, Saoud said.

He added that his client would be released “in the next few days as soon as the proceedings are completed”.

The Fitton case comes at a time when the war-ravaged country, whose tourist infrastructure is almost non-existent, is reluctant to open to visitors.

Iraq — home to the famed city of Babylon in ancient Mesopotamia — is trying to protect its archaeological legacy amid a sprawling market for smuggled artifacts.

Authorities are cracking down on attempts to illegally trade in antiques.

Much of the country’s ancient heritage has been looted for decades as it has suffered many conflicts, particularly after the 2003 US-led invasion that toppled dictator Saddam Hussein.

The arrival of the Islamic State group in 2014 increased the illegal sale of antiques as the jihadists sought to supplement their coffers by smuggling and selling antique items.