Retired British geologist, Jim Fitton, who is a Malaysian permanent resident, may be sentenced to death in the coming weeks, according to his family. 

The 66-year-old was arrested in Iraq back in March for allegedly attempting to smuggle out historical artefacts during a guided trip in the country. 

His lawyer, Thair Soud, told the Associated Press that Fitton will stand trial before Iraq’s Felony Court tomorrow (May 15).

This was confirmed by his daughter Leila Fitton when contacted by Malaysiakini, who said a verdict will not be made tomorrow.

“There is a hearing but it is only the reading of charges and initial session of the court. 

“Our lawyer says there are likely to be a few sessions before any verdict,” she said in a WhatsApp text.

Leila told Malaysiakini that her father was charged under Article 41 of Iraqi Law no 55 which holds the death penalty if the suspect was proven guilty. It reads: “Whoever exported or intended to export, deliberately, antiquity, from Iraq, shall be punishable with execution.”

The artefacts in question that Fitton allegedly smuggled were small shards of broken pottery. 

“I would describe them as debris left on the site deemed of economic or cultural value, just as the tour guides described them to my father, making (him) believe it was alright to collect them as (a) souvenir.

“He came across them in an unguarded, non-sign posted desert land in Eridu, South Iraq.

“Even the 40-year experienced tour guides themselves collected 20 pieces of these broken bits of pottery,” she said.

On March 20, Fitton and a German man, who remains unidentified, were arrested at the Baghdad airport for attempted exportation of artefacts of historical significance to Iraq and were remanded in the airport holding cell. 

According to Leila, her father is allegedly not allowed to speak on the phone with the family during the remand period but communicates with them once a day via WhatsApp for three to five minutes. 

She added that she has not seen her father in over two years due to the pandemic and is anxiously waiting for updates every day.

“I have always been very close to my father, and consider him as one of my best friends. We are devastated this is happening to him, and it is obviously impacting us greatly,” she said.

A plea for help

Leila had initially pleaded with both the British and Malaysian governments. The family reportedly have received limited assistance from the British government.

Leila claimed that Foreign Minister Saifuddin Abdullah, alongside other reps from the family’s home state of Malacca, has contacted the family to offer support with regard to the case. 

Saifuddin’s call to Leila was confirmed by sources in the Foreign Ministry. However, the ministry has yet to give an official response at the time of publication.

When contacted by Malaysiakini, a spokesperson from the UK Foreign, Commonwealth and Development Office said that consultant support was being provided to Fitton and the British government is in contact with the Iraqi authorities. 

“The British government’s policy on the death penalty is clear, we oppose it in all circumstances, as a matter of principle,” the spokesperson said. 

Leila and other members of the family have launched a petition seeking Fitton’s release, which has received over 268,000 signatures at the time of publication.