Judge rules out secret evidence
Padraig Reidy: Judge rules out secret evidence in Guantanamo case
04 May 10

Good news from the Royal Courts of Justice, where Master of the Rolls Lord Neuberger has ruled that Britain’s security services will not be allowed to submit evidence in secret in the case of Binyam Mohamed and several other Guantanamo detainees.

Mohamed is seeking compensation for abuse and wrongful imprisonment.

Lord Neuberger, Lord Justice Maurice Kay, and Lord Justice Sullivan noted:

“In our view the principle that a litigant should be able to see and hear all the evidence which is seen and heard by a court determining his case is so fundamental, so embedded in the common law that, in the absence of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim …”

By Padraig Reidy

Padraig Reidy is the editor of Little Atoms and a columnist for Index on Censorship. He has also written for The Observer, The Guardian, and The Irish Times.