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Erol Incedal terror case gagging order upheld Erol Incedal terror case details to stay secret
(35 minutes later)
The Court of Appeal has upheld an unprecedented gagging order preventing the media reporting why a terrorism suspect was cleared at trial.The Court of Appeal has upheld an unprecedented gagging order preventing the media reporting why a terrorism suspect was cleared at trial.
London student Erol Incedal was found not guilty in March last year of preparing for acts of terrorism.London student Erol Incedal was found not guilty in March last year of preparing for acts of terrorism.
Senior judges said it was right that the full details of the Old Bailey case remained secret.Senior judges said it was right that the full details of the Old Bailey case remained secret.
The BBC and other media organisations challenged the reporting restrictions imposed by the trial judge.The BBC and other media organisations challenged the reporting restrictions imposed by the trial judge.
Only 10 of the almost 70 hours of evidence were heard in open court.Only 10 of the almost 70 hours of evidence were heard in open court.
Specially accredited journalists were allowed to hear some of the secret evidence in locked sessions, but they were banned from telling others what they had seen or heard. Specially accredited journalists were allowed to hear some of the secret evidence in locked sessions, but they were banned from telling others what they had seen or heard, and their notebooks were retained by the court.
More than a third of the prosecution was heard in complete secrecy with the jury told they could face jail if they ever revealed what they had heard.More than a third of the prosecution was heard in complete secrecy with the jury told they could face jail if they ever revealed what they had heard.
In their ruling, the Lord Chief Justice Lord Thomas and two other senior judges said there was a strong public interest in understanding the role of counter-terrorism police and the security services "provided that what is made public does not materially compromise the effectiveness of their role or otherwise might damage national security".
They added that "departure from the principles of open justice was strictly necessary" in this case but accepted another application may be made in future "at a time when it is said that there could no longer be any reason to keep the information from the public".
The trial we couldn't report (March 2015)The trial we couldn't report (March 2015)
'Person of significance' Analysis by Jeremy Britton, BBC News
Incedal faced two trials in relation to allegations that he was involved in some form of terrorism that appeared to relate to Syria. As one of only 10 journalists who were allowed to sit in on the two "secret trials" of Erol Incedal, I learned a great deal.
But as I was barred from repeating a word of what was said behind those closed doors, it was a dubious privilege.
For the journalists having to place our mobile phones in a metal case every time we entered court, and having to hand over our notebooks to be locked up in a safe at the end of every day, it was both time consuming and embarrassing.
Most frustrating was that the public were able to be told so little about the defendant's responses to the serious allegations.
This lack of balance troubled me, but I was banned by order of the court from discussing the defendant's case with anyone.
I fear the reasons for his acquittal on the main charge of preparing for acts of terrorism will remain a secret of the state and all my notes will remain locked up - or even be destroyed.
Incedal, who is in his mid-20s, faced two trials in relation to allegations that he was involved in some form of terrorism that appeared to relate to Syria.
At the end of the first trial in 2014, he was convicted of possessing bomb-making plans and he was later jailed for 42 months for that offence.At the end of the first trial in 2014, he was convicted of possessing bomb-making plans and he was later jailed for 42 months for that offence.
But the jury could not reach a verdict on the second allegation that he was involved in actual preparations for terrorism. The jury at his second trial acquitted him in March 2015 of the allegation.But the jury could not reach a verdict on the second allegation that he was involved in actual preparations for terrorism. The jury at his second trial acquitted him in March 2015 of the allegation.
During the small amount of evidence heard in open court, prosecutors alleged that Incedal had been in contact with a British jihadist in Syria, that he had an address linked to Tony and Cherie Blair and that he had discussed - in code - gun attacks.During the small amount of evidence heard in open court, prosecutors alleged that Incedal had been in contact with a British jihadist in Syria, that he had an address linked to Tony and Cherie Blair and that he had discussed - in code - gun attacks.
Prosecutors said that a "person of significance" could have been the target for an alleged plan - but at no point did they explicitly link that in open court to the Blairs.Prosecutors said that a "person of significance" could have been the target for an alleged plan - but at no point did they explicitly link that in open court to the Blairs.