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Media fight terrorism order |
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Friday, 23 May 2008 |
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A journalist has appeared in court accused of withholding information about a terrorist attack in which 11 people died. The High Court has been hearing evidence from Greater Manchester Police about the terror attack in Pakistan.
The case revolves around terror suspect Hassan Butt who was released on Wednesday following a fortnight in custody.
Freelance journalist Shiv Malik had conducted a number of interviews with him for Butt's upcoming autobiography, Leaving al-Qaeda. The publication of which has been shelved until the case is over.
Malik is appearing in court to fight a production order made under the Terrorism Act which compels him to hand over notes and interviews.
On Wednesday Malik’s counsel, James Eadie, argued that Malik should not be subject to an order that would require him to incriminate himself.
He told the court that the orders could have a “serious chilling effect” on journalism and urged the panel of judges to consider his rights under article 10 of the Human Rights Act (the right to freedom of expression) and article 6 (the right to not self-incriminate).
The court also heard that Malik fears for his safety and the safety of his sources if he were forced to hand over his notes.  GMP But on Thursday Andrew Edis QC, representing Greater Manchester Police, countered that Malik had "waived" his right not to incriminate himself, by withholding his knowledge of terrorist acts with the intent to publish them in the future.
"Malik is far better informed than the police - he knows what he's got and the potential to self-incriminate and he knows who his sources are. The police know neither of these things."
The court heard that the book’s publisher Constable & Robinson has handed over an early manuscript of Malik’s book to police – but they are seeking further notes and interviews.Edis clarified that Malik is not considered a suspect for police and that he would still be allowed to publish the book. There are reporting restrictions in place which ban press from mentioning why police are interested in Butt. The Sunday Times, BBC, Prospect magazine and CBS News were due to be at a hearing in Manchester today to fight similar orders relating to interviews they've conducted with Butt. This has now been adjourned. Something to add? Then leave a comment below or email us now.
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