Terror trial could be heard in secret for first time

Media organisations have launched a challenge to orders made by Mr Justice Nicol in the Old Bailey last month in relation to the trial of two defendants who can only be identified as AB and CD. It was ruled that the trial would take place in total secrecy “on grounds of national security”, the court heard.

Holding the case “entirely in private” is an affront to the principle of open justice, the journalists argued.

Anthony Hudson, representing media organisations in the Court of Appeal on Wednesday, said the orders were a “significant departure from the principle of open justice” and that they were “inconsistent with the rule of law and democratic accountability.”

‘Difficult and sensitive’

He told the court: “The Crown has sought and obtained an unprecedented order that the trial of two defendants charged with serious terrorism offences should take place entirely in private with the identity of both defendants withheld and a permanent prohibition on reporting what takes place during the trial and their identities.”

He added: “This case is a test of the court’s commitment to that constitutional principle in the admittedly difficult and sensitive circumstances where the state seeks to have trials involving terrorism held in secret and relies, in support of that, on grounds of national security.”

Richard Whittam QC, for the Crown, said it supported open justice but the court was aware of the exceptional circumstances that had led to exceptional procedures in the case.

Lord Justice Gross, Mr Justice Simon and Mr Justice Burnett said they would give their decision on the appeal in a few days.