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Saturday, February 17, 2007 

Prosecute? Why bother?

The facade surrounding the need for control orders is slowly but surely crumbling. Yesterday a judge, quashing one only for John Reid to impose a slightly less stringent one within minutes, suggested that the man should have been prosecuted rather than be under house arrest.

In the first challenge to a control order in which the court heard full evidence, Mr Justice Beatson quashed the order on a Tunisian, E.

The home secretary issued a new order with less restrictive terms, pending an appeal, but he claimed this would increase E's likelihood of absconding.

"To protect the public, I have today made a new control order. Inevitably this is weaker than the original one, which means it is more difficult for the police to supervise him."


The stupidity of this is manifest. If he was to be prosecuted, it's likely that he'd be remanded in custody due to the potential risk he poses. Instead, John Reid would rather continue with a policy which is not only illiberal but also ineffective.

E was mentioned as a co-conspirator in a terrorism trial in Belgium. The case relied heavily on intercept evidence, which is only inadmissible in UK courts if the interception happens here.

Mr Justice Beatson said the home secretary's decision to maintain the control order on E was tainted by his failure to keep the issue of prosecution under review. The judge also quashed the control order on the grounds that the cumulative effect of the restrictions, particularly the requirement to have all visitors and anyone E met outside the home vetted, deprived him of his liberty, in breach of the European human rights convention.


This is how ridiculous the current situation is. We can use the intercept evidence collated by the security services' of other countries, but we can't of our own. Joined-up thinking at its finest. The judge should know whether there's enough evidence to prosecute, and in this case it seems apparent that there is. One has to wonder if they aren't simply because of the bind it would put the security services in, with reports from the trial likely to embarrass both the government and MI5/6 through the idiocy of the continuing farce.

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