RADICAL cleric Abu Qatada cannot be sent back to Jordan because it would be a "flagrant denial of justice", human rights judges ruled.

The firebrand preacher, below, described as "Osama bin Laden's right-hand man in Europe", won his appeal to the European Court of Human Rights against the UK's efforts to deport him with assurances that he would not be tortured.

Home Secretary Theresa May said she was "disappointed" but it was "not the end of the road" and Qatada would remain in prison while "all legal options" are considered". The judges ruled sending him back to face terror charges could lead to evidence obtained by torture being used against him, denying him his right to a fair trial.

It is the first time the Strasbourg-based court has found that an expulsion would be in violation of Article 6 of the European Convention on Human Rights, the right to a fair trial, which is enshrined in UK law under the Human Rights Act.

The Government can now make a final attempt to appeal against the judgment before it becomes binding in three months' time.

Qatada featured in hate sermons found on videos in the flat of one of the 9/11 bombers.

Law Lords ruled almost three years ago that he could be sent back to Jordan, but he appealed to the court in Strasbourg.

It means the 51-year-old must stay in Britain, where he is currently held at Long Lartin high-security prison in Worcestershire.

Human rights group Liberty called for Qatada to be tried for terrorism in the UK "without further delay".

Qatada, who came to Britain in 1993 on a forged passport, was released on bail in the summer of 2008 but returned to prison later that year over fears he would try to abscond.