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'Core' of terror trial in private, Court of Appeal rules Fully secret terror trial blocked by Court of Appeal
(35 minutes later)
A trial of two terrorist suspects can partly be heard in secret, the Court of Appeal has ruled. An unprecedented attempt to hold the first ever completely secret criminal trial in the UK has been blocked by the Court of Appeal.
Judges said parts of the trial can be heard in public but the core of the "exceptional" trial will be in private. Judges said that the "core" of the terrorism trial could be partly heard in secret but parts must be in public.
The Crown Prosecution Service (CPS) said a secret trial was in the interests of national security. They said media also should be allowed to name the two defendants as Erol Incedal and Mounir Rarmoul-Bouhadjar.
Details of the case emerged at an appeal against an order issued in May, which banned the identification of the defendants and access to the trial. Prosecutors said their unique application for a secret trial was in the interests of national security.
Media challenge They had previously warned that they may have to abandon the prosecution if judges did not ban the press and the public from every part of the proceedings against the two defendants.
The media were banned from reporting the existence of that order until the Court of Appeal hearing, and its judges were asked to rule on the media's challenge to the case restrictions. Until Thursday, the men were previously only known as AB and CD respectively.
Reporting restrictions sometimes cover specific parts of cases. In their decision, judges said that the trial of the two men was of an exceptional nature and the core of it must be held in private. But they added that they had "grave concerns" about the cumulative effect of anonymising defendants and holding the hearings in secret.
The court previously heard that the suspects, referred to as AB and CD, had been arrested "in high-profile circumstances" and faced allegations of the preparation of terrorist acts and possessing bomb-making instructions. The judges said that the media and public would be allowed to attend the swearing-in of the jury, parts of the prosecution's introductory remarks setting out the case, the verdicts and, where there are convictions, the sentencing.
The court was also told that if a decision was made to hold the trial in open court, and identify the defendants, the CPS could abandon the prosecution. The Court added that a small number of journalists could be allowed to attend the closed parts of the trial, subject to agreement relating to the confidentiality of the proceedings. Their notes would be securely stored until the end of the trial.