This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk/8132374.stm
The article has changed 5 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Court revokes 'exile' decision | Court revokes 'exile' decision |
| (40 minutes later) | |
| A decision by the government to "exile" a terror suspect from London on the basis of secret evidence must be revoked, the High Court has ruled. | A decision by the government to "exile" a terror suspect from London on the basis of secret evidence must be revoked, the High Court has ruled. |
| A judge ruled the decision was flawed because the father of five had not been given enough information to mount a fair defence. | A judge ruled the decision was flawed because the father of five had not been given enough information to mount a fair defence. |
| He said he had no choice but to revoke the move because of new rules governing secret evidence. | |
| The 36-year-old suspect was moved from London to Leicester in May. | |
| Known only as BM, he is accused by the security services of being "a prominent member of a network of Islamist extremists". | |
| BM was moved to Leicester through a modification to a control order already restricting his movements. | |
| The government said the move was necessary to stop BM associating with his extremist contacts and his removal from London was necessary to minimise the risk of him absconding. | The government said the move was necessary to stop BM associating with his extremist contacts and his removal from London was necessary to minimise the risk of him absconding. |
| 'Bare assertion' | 'Bare assertion' |
| BM's lawyers argued at the High Court in London that his continuing "internal exile" infringed his civil right to occupy his home. | BM's lawyers argued at the High Court in London that his continuing "internal exile" infringed his civil right to occupy his home. |
| Mr Justice Mitting agreed and ruled the modification to his control order deprived BM "of a civil right for a significant period". | Mr Justice Mitting agreed and ruled the modification to his control order deprived BM "of a civil right for a significant period". |
| On the basis of the closed material, I would have decided that the decision was not flawed Mr Justice Mitting | On the basis of the closed material, I would have decided that the decision was not flawed Mr Justice Mitting |
| He went on to say a recent House of Lords decision in another case required that a controlled person "must be given sufficient information about the allegations against him" to enable him to effectively instruct defence lawyers. | He went on to say a recent House of Lords decision in another case required that a controlled person "must be given sufficient information about the allegations against him" to enable him to effectively instruct defence lawyers. |
| The home secretary's refusal to reveal secret reports to BM meant the court was left with "a bare assertion" that there was a risk of absconding, and that assertion had to be treated by the court as "groundless". | The home secretary's refusal to reveal secret reports to BM meant the court was left with "a bare assertion" that there was a risk of absconding, and that assertion had to be treated by the court as "groundless". |
| But the judge said there was "closed material" - evidence heard by him in secret - that would have led to him coming to a different decision if the law had allowed him to take it into account. | But the judge said there was "closed material" - evidence heard by him in secret - that would have led to him coming to a different decision if the law had allowed him to take it into account. |
| "On the basis of the closed material, I would have decided that the decision was not flawed and would have upheld the modification, notwithstanding its significant and highly adverse impact upon BM's family, in particular upon his children," he said. | "On the basis of the closed material, I would have decided that the decision was not flawed and would have upheld the modification, notwithstanding its significant and highly adverse impact upon BM's family, in particular upon his children," he said. |
| The judge gave the home secretary seven days to revoke the order and return BM to his home. | The judge gave the home secretary seven days to revoke the order and return BM to his home. |
| Government lawyers are considering whether to mount an urgent appeal. | Government lawyers are considering whether to mount an urgent appeal. |
| The judge refused leave to appeal but the Home Secretary can still ask the Appeal Court to hear the case. | The judge refused leave to appeal but the Home Secretary can still ask the Appeal Court to hear the case. |