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Judge critical of MI5 testimony | Judge critical of MI5 testimony |
(about 1 hour later) | |
A judge has criticised the Home Office over contradictory MI5 intelligence in secret hearings involving two terrorism suspects, it has emerged. | |
The error came to light only because one barrister acted in both Special Immigration Appeals Commission cases. | |
Mr Justice Newman said the "administration of justice" had been put at risk in the cases of Algerian Abu Doha and a suspect known as MK. | |
The Home Office said the "error was not due to any systemic failure". | |
But human rights campaigners called for an urgent review of the way MI5 intelligence is used in such hearings. | |
'Shadowy arrangements' | |
The cases were being heard separately by the Special Immigration Appeals Commission, known as Siac. | |
Our worst fear has been realised when the government submits flawed secret intelligence to a commission, which will determine if people are to be returned to countries where they may face torture Shami Chakrabarti, director of Human rights group Liberty | |
But after MK's case had finished it became clear that the evidence against him was being contradicted by that in the Abu Doha hearings. | But after MK's case had finished it became clear that the evidence against him was being contradicted by that in the Abu Doha hearings. |
In a ruling produced in May, but only now made public, the judge accepted the mistake was not deliberate. | In a ruling produced in May, but only now made public, the judge accepted the mistake was not deliberate. |
But Mr Justice Newman went on to say the "administration of justice is put at risk" if such failures occur. | But Mr Justice Newman went on to say the "administration of justice is put at risk" if such failures occur. |
Shami Chakrabarti, director of human rights group Liberty, said: "Our worst fear has been realised when the government submits flawed secret intelligence to a commission, which will determine if people are to be returned to countries where they may face torture. | |
"The home secretary has a duty to explain why the commission was misled, and how this can possibly be prevented under these shadowy arrangements in the future." | |
'Steps taken' | |
The home office said the judge's comments had been noted and steps were being taken to ensure such an error could not occur again. | |
"The secretary of state and security service note the constructive comments made by Siac in its judgment concerning the methodology and approach which should be taken when preparing evidence," a spokesman said. | |
"We accept their recommendations and are taking this forward with independent counsel who acts for the secretary of state in these cases. | |
"Siac with the assistance of the special advocates, has identified an oversight in the secretary of state's disclosure process in this case. | |
"That this resulted from an error is accepted and steps are being taken to ensure that this does not occur again." | |
Siac is the venue of appeal for foreign nationals facing detention, deportation or exclusion from the UK on grounds of national security. | |
Its hearings and rulings are never fully made public because they include testimony from members of the secret security services, which the government says it cannot divulge. |