Does this photograph prove Abu Qatada is flouting his bail?

Abu Qatada will no doubt argue that this is not a breach of the strict bail conditions which ban him from using a mobile telephone.

But is the fanatical preacher - once described as 'Osama Bin Laden's right-hand man in Europe' - obeying the spirit, as well as the letter, of the law?

On a shopping trip this week near his London home, the 47-year-old was photographed in conversation with a friend, who then appeared to relay Qatada's words via his mobile to another person.

An onlooker said: 'It was clear to me that the man with the mobile phone was speaking to Qatada before speaking to the person on the other end of the phone.

'He would speak to Qatada holding the phone in his hand away from his ear and then put it to his ear and speak to whoever was on the other end of the line.'

Qatada, who was granted asylum 15 years ago, was freed from a high-security prison in June after the courts ruled that sending him home to Jordan would breach his human rights. He has already been convicted of terror attacks and bomb plots there in his absence.

The eight-page bail order set out a series of stringent rules which placed him under virtual house arrest.

The father of five, whose family are living on benefits of an estimated £50,000 a year, is allowed to leave his rented £800,000 four-bedroom semi for just two hours a day.

He is also banned from using any communications equipment apart from a landline telephone, which is almost certainly bugged by the security services.

He cannot use a computer and he is banned from having any contact, directly or indirectly, with a list of terrorists including Bin Laden.

Qatada has claimed incapacity benefit for a bad back - but it didn't stop him carrying two bags on the shopping trip.