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Media Rally Against ‘Closed Terror Case’

A “secret” trial at the Old Bailey of two men accused of a terror plot has been branded an “outrageous assault” on open justice by broadcast and print media.

As reported by the Newspaper Society: The Daily Mail reported this week that press and broadcasters are fighting for reporting restrictions which have been imposed “for reasons of national security” to be lifted.

“To hold trials entirely in secret is an outrageous assault on the fundamental principles of British justice,” said Clare Algare of Reprieve.

“This Government’s dangerous obsession with secret courts seems to know no bounds. Unless it is resisted, we risk ending up with a justice system that will not be worthy of the name.”

Keith Vaz, Labour chairman of the Commons home affairs committee, said: "For a parliamentary democracy with our reputation for a fair legal system, this sets a very dangerous precedent.

“For an entire trial to be heard in camera, this is unprecedented, very serious and worrying.”

The Court of Appeal was urged by the media groups’ lawyer to restrict the secrecy order because it represented a "totally unprecedented departure from the principles of open justice."

Lord Justice Gross, Mr Justice Simon and Mr Justice Burnett said they would make a decision within days, the Daily Mail reported.

Anthony Hudson, representing the media organisations, said: “This appeal raises important issues relating to not only the constitutional principle of open justice, but also the equally important principle of fairness and natural justice.’

“This case is a test of the court’s commitment to that constitutional principle in the admittedly difficult and sensitive cases where the state seeks to have trials involving terrorism heard in secret and relies in support of that on the grounds of national security.

“It is unprecedented that the trial of two defendants charged with serious terrorism offences should take place entirely in private with the identities of both defendants withheld.

“No order has ever been made which requires an entire criminal trial to be held in private, with the media excluded and defendants anonymous.”

Further comment

Bob Satchwell, Executive director of the Society of Editors, said: “Justice has to be fair and it has to be seen to be done.

"Secrecy impinges on the first principle and reporting restrictions drive a coach and horses through the second principle.

"This is not about the media, it's about the public's right to know what is done in our name by the state. The media is simply a conduit to the public.”