Friday, June 27, 2008

Malik rebuked by court, ordered to pay cost: sources case update

The High Court has now rebuked Malik for seeking a full judicial review, ordered him to pay full costs and to hand over his research notes. This judgment, which doesn't seem to have made it onto bailii.org yet, seems wrong to me: Malik had every right to bring the rview. First of all, on the facts, since it is clear from the original production order that the police are a fishing expedition here; and secondly because the law on sources continues to be very much in flux, with this being the first case under the terrorism act and on-going developments at the ECHR (see for example Voskuil v. the Netherlands, last year). Malik's case is backed by the NUJ and the Sunday Times; I hope he'll appeal.

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