Sunday, February 12, 2012

There's nothing fair about secret evidence

4:12 PM | Posted by Free Game Zone | | Edit Post

The Green Paper suggests that the government was allowed to present evidence in secret undermines the fundamental principles of justice

Two weeks ago, the former rebel Libyan Sami al-Saadi, said he would sue the British government in the High Court for alleged complicity in his version of Hong Kong Tripoli. The news follows the discovery of documents in Tripoli seemed to show that MI6 secretly help the same pattern as the UK has just helped to overthrow. This disclosure would be embarrassing, but, according to the government Green Paper launched this week, it is precisely the kind of case that gives rise to a real injustice in our justice system:. Lack of equity, namely government itself

The Green Paper, a great injustice is being done to the intelligence services, government, and - by extension - the British taxpayer. Apparently the government is constantly at risk of having to pay large sums of money and money to resolve undisclosed compensation claims related to national security because it is unable to use secret evidence in court . The obvious implication is that if only allowed to use this evidence certainly win all their cases and that the taxpayer would save large sums of money, which could then be used to fund things like schools, hospitals and libraries across Brent.

The most likely cause in this alleged denial of justice is the decades-old principle of law called "public interest immunity", a principle that has been designed - ironically - to balance the national security interests with the interests of fundamental justice. In essence, it allows the government to refuse certain matters if a judge is satisfied that the threat to national security would be greater than the interests of justice.
The compromise is this: the government keeps its secrets secret and the case is moving forward on an equal footing, with both sides able to see the evidence that is before the court . However, if the judge does not agree that disclosure would be as harmful as the government claims, the government is forced to reveal the other side. If you do not want to do that, you can always settle amicably.


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