‘Tantamount to a death sentence’: British geologist gets 15 years for smuggling in Iraq

Jim Fitton’s lawyer says he expected a sentence of one year at most

Jim Fitton (left) and Volker Waldmann are escorted in handcuffs by Iraqi police outside a Baghdad court (Reuters)

A retired British geologist has been sentenced to 15 years in prison after being accused of attempting to smuggle broken pottery out of Iraq.

Jim Fitton was detained in March after 12 fragments of pottery from a heritage site in southern Iraq were discovered in his luggage.

The verdict handed down to the 66-year-old on Monday shocked the court in Baghdad, according to the Associated Press.

“I thought the worst-case scenario would be one year, with suspension,” said Mr Fitton’s lawyer Thair Soud, who was visibly shocked by the decision. He added that he would appeal against the sentence.

Sam Tasker, Mr Fitton’s son-in-law, said: “We are absolutely shattered by this news. For a man of Jim’s age, 15 years in an Iraqi prison is tantamount to a death sentence. Particularly for such a trivial and dubious crime – a crime that Jim was not even aware of when he perpetrated it.

“We are completely heartbroken that our own best efforts, a strong legal defence and constant campaigning have led to this outcome.”

Judge Jabir Abd Jabir said that in his view, Mr Fitton had demonstrated criminal intent to smuggle the items out of Iraq after picking them up at Eridu, an ancient Mesopotamian site in the Dhi Qar governorate. Under the country’s antiquities law, he could have faced the death penalty for the crime.

The judge did not consider the defence’s argument that Mr Fitton was unaware of Iraqi laws.

During the trial, Mr Fitton had stressed that he did not know taking the piece was a criminal offence because “there were fences, no guards or signage”. The defendant added that he usually collected pottery on his travels and had had no intention of selling the pieces.

“These places, in name and by definition, are ancient sites. One doesn’t have to say it is forbidden,” Judge Jabir Abd Jabir said.

Mr Fitton then argued that the fragments were “no larger than my fingernail”. “Size doesn’t matter,” the judge replied.

A German national, Wolker Waldmann, was also tried for smuggling but will be released after his acquittal. His defence team claimed he was carrying the shards for Mr Fitton and had not picked them up himself.

Jim Fitton (centre) and Volker Waldmann (right) stand outside the court in Baghdad on 22 May (Reuters)

Mr Fitton and Mr Waldman were arrested at Baghdad airport on 20 March after airport security discovered the items in their luggage.

They had been taking part in a tourism expedition around the country’s ancient sites. Their case has received international attention at a time when Iraq is hoping to boost its nascent tourism sector.

Mr Fitton’s family has accused the British government of not doing enough to help his case. “We are raising an appeal and will continue to fight for Jim’s freedom, and urge the government to support us in every way possible and to open lines of communication with us at a senior level,” his son-in-law Mr Tasker said.

Speaking after Mr Fitton’s sentencing, Wera Hobhouse, the family’s local MP, said: “This is clearly a devastating outcome for Jim and his family. There is now no other option but for the foreign secretary to intervene at a ministerial level.

“The foreign secretary must make representations to the Iraqi government. This is yet another example of the British government presiding over a case of a British national in trouble abroad, and they have failed to take action.”