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Journalist ordered to hand over terror notes |
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Friday, 27 June 2008 |
Judges have ordered freelance journalist Shiv Malik to hand over notes relating to interviews he conducted with terrorist suspect Hassan Butt. Malik has seven days to hand over the material to police.
This latest ruling comes after Malik had claimed victory in his battle with Greater Manchester Police (GMP) after he resisted a production order under the 2000 Terrorism Act to hand over all his research. The case relates to material for his book Leaving al Qaeda: Inside the mind of a British Jihadist. Last week the judges ruled that this original order was too wide and it would force Malik to identify confidential sources.
 Malik As a result GMP revised their production order and this was granted by the judges in full. The ruling means that he must hand over copies of notebooks and blank out any information which would identify confidential sources, other than Butt.
"In our view the form proposed by the police is the correct form of order, it excluded all material from sources other than Mr Butt – it applies only to material supplied by Mr Butt," said Lord Justice Dyson. "The originals of the tapes, video and audio transcripts should be handed over as should hard copies of computer generated material."
The judge added that he didn’t feel that Malik could claim that this was a victory: "He’s achieved very little by these judicial review proceedings. It’s true that we decided that the order provided by Judge Goldstone [the original judge at Manchester Crown Court] was somewhat too wide. In our judgment if that was the only complaint that Mr Malik had about the order judicial review proceedings were inappropriate. He should have attempted negotiations with the police to see whether agreement could be reached." Malik has been ordered to pay costs. "We are pleased with this further vindication of our action which was taken to ensure we can fulfil our role in thoroughly investigating terrorism," said Detective Chief Superintendent Tony Porter, head of Greater Manchester Police Counter Terrorism Unit.
 GMP "As was stated today the judicial review was 'a frontal attack on the principle of the order' and it failed. The fact that we have also been awarded costs is a clear indication that the use of the production order was, in legal eyes, viewed as legitimate.
"Throughout this case we have stated that our work in tackling terrorism and extremism is very difficult but that we have to put the safety of the public first. We will continue to use whatever legislation is appropriate to ensure we can investigate terrorism and keep communities safe."
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