It's difficult to describe what it's like when suddenly masses of photographers, journalists turn up on your doorstep and day after day you are reading a lot of things in the national press which are totally untrue about you which is very damaging and very hurtful.
Learning that John Prescott's had an affair is a bit like learning that Simon Hughes is gay. I mean, everyone knew he has affairs. He's had a string of affairs throughout his life and this has come as no surprise."
Forensic tests have cleared an innocent Brazilian man shot dead by police who mistook him for a suicide bomber of an allegation of rape, Scotland Yard has said.
The victim of the attack in London's West End more than three years ago alleged earlier this year that Jean Charles de Menezes had committed the rape.
The Forensic Science Service compared forensic material recovered from the victim and a sample of Mr de Menezes' blood, after his family gave permission for a comparison to be made.
The tests showed Mr de Menezes was not responsible for the rape, police said.
The CIA has operated more than 1,000 secret flights over EU territory in the past five years, some to transfer terror suspects in a practice known as "extraordinary rendition", an investigation by the European parliament said yesterday.
The figure is significantly higher than previously thought. EU parliamentarians who conducted the investigation concluded that incidents when terror suspects were handed over to US agents did not appear to be isolated. They said the suspects were often transported around Europe on the same planes by agents whose names repeatedly came up in their investigation.
They accused the CIA of kidnapping terror suspects and said those responsible for monitoring air safety regulations revealed unusual flight paths to and from European airports. The report's author, Italian MEP Claudio Fava, suggested some EU governments knew about the flights.
He suggested flight plans and airport logs made it hard to believe that many of the stopovers were refuelling missions. "The CIA has, on several occasions, clearly been responsible for kidnapping and illegally detaining alleged terrorists on the territory of [EU] member states, as well as for extraordinary renditions," said Mr Fava, a member of the European parliament's socialist group.
His report, the first interim report by EU parliamentarians on rendition, obtained data from Eurocontrol, the European air safety agency, and gathered information during three months of hearings and more than 50 hours of testimony by individuals who said they were kidnapped and tortured by American agents, as well as EU officials and human rights groups.
"After 9/11, within the framework of the fight against terrorism, the violation of human and fundamental rights was not isolated or an excessive measure confined to a short period of time, but rather a widespread regular practice in which the majority of European countries were involved," said Mr Fava.
Data showed that CIA planes made numerous secret stopovers on European territory, violating an international air treaty that requires airlines to declare the route and stopovers for planes with a police mission, he said. "The routes for some of these flights seem to be quite suspect. ... They are rather strange routes for flights to take. It is hard to imagine ... those stopovers were simply for providing fuel."
HUNDREDS of ex-cons who should have been kicked out of Britain are loose on our streets - and police haven't a clue where to find them. They include three murderers, nine rapists and five child sex fiends. Others were banged up for manslaughter, thuggery, drugs and robbery. All were candidates for deportation. A flushed and sweating Charles Clarke admits people are entitled to be "concerned, possibly angry". That's not good enough. People are entitled to the Home Secretary's resignation - or instant dismissal for rank negligence. Incredibly, 288 criminals have gone missing since he was first warned about the crisis. Labour's "tough on crime" boast is a joke. Key staff do not talk to each other. As a result, dangerous hardmen are rated "low risk" and set free to kill and rape again by officials who don't read their records. Probation staff - when they are not off sick - can't be bothered to keep tabs. Now, almost by accident, we learn hundreds of foreign crooks have disappeared without trace. Mr Clarke, the government's "Captain Chaos", shrugs it off as a communications breakdown. But there is a theme to these government “blind spots". Ministers are desperate to avoid enraging the Left by cracking down on illegals. Deportations are rare. Yet jails are bursting at the seams because 10,000 inmates - one in eight of all prisoners - are foreign-born, most of them asylum cheats. Is it possible the Government would prefer killers to disappear without trace rather than be seen loading them on the next plane home? The Home Secretary insists he is not in the "blame game". Well, we ARE. And we blame YOU, Mr Clarke.
Mr Clarke. You remind me of a bully who bullies a boy for a long period of time. The boy gets fed up of being bullied and one day strikes back at the bully. The bully is stunned by the audacity of the boy and retorts 'Why did you hit me?' Your policies and the policies of your predecessor the now-shamed David Blunkett have attacked the principles of democracy at their core. Now that you are facing some opposition and you are not able to get your anti-democratic policies through without resistance, you cry foul. The media Mr Charles Clarke are completely fed up of the erosion of civil liberties in this country as are the british people. Your use of the politics of fear and your so-called war on terrorism is leading to this country becoming a police state. You were quick to take up the Metropolitan police commissioner's proposal that suspected terrorists should be locked up without charge for a period of 90 days. Fortunately Parliament rejected your attack on civil liberty in that case. You justified your decision to support this proposal by claiming that the police are at the forefront of fighting terrorism in this country and so should be allowed to come up with such draconian measures. You however were not too keen in taking up the police's advise that 24 hour drink licences would lead to greater anti-social behaviour. In fact you went against it. You seem to justify your decisions with whatever is most convenient. The police seem to be setting down the agenda, not the government hence the term 'police state'. You show utter contempt at rulings by the law lords that your detention of terrorist suspects without charge in prisons and your control orders are illegal and defies human rights. You are an utterly abhorrent man. You use democracy when it suits you and completely disregard it when it suits your purposes. Mr Clarke, you should be ashamed of yourself and hold your head down in shame.
We have seen before the Manichaean view that the prime minister takes of the world. His famous speech to the Labour Party conference, when he spoke of the forces of conservatism, was a good example of this; he gave us a personal list of people he did not like who were holding back the progress of this country. There were the good guys and the bad. Grey areas, subtlety and debate were not to be tolerated. It was also to be seen in his strange reference to God regarding his decision to take us to war with Iraq. The pros and cons for that action cannot be debated, because Tony knew it was the right thing to do.In the view of Clarke and Blair, there is no middle way, except for the "third way". Either you are with us or against us. This was shown in the debate over 90 days; the likes of the Sun and Express took the side of Blair, while almost all the rest of the media was pitted against him, Clarke and the other Blair (Ian). It didn't matter if they used images of those injured in the 7/7 bombings who hadn't gave their permission and were actually opposed to the government's policy, a good illustration matters more than fact. When Blair was defeated, he said he'd rather be right about something and be defeated than know he was wrong and win. They constantly bring up what they say is public support for their measures without providing evidence, or if there is, it tends be on the basis of one poll, where another often contradicts it.
The Conservatives today accused Home Office ministers of serial incompetence after an admission by the home secretary that more than 1,000 foreign prisoners, including murderers, had been freed without being considered for deportation.Why did Clarke make this briefing to journalists and not MPs? Why, there's an election campaign on of course! It's much easier to give a statement to journalists, where you can constrain them from asking troublesome questions, while in the House of Commons ministers have to give way to other MPs who want to make their own point. It's not made clear yet how the remainder of the men other than the 160 were considered for deportation, but not shipped out of the country when their jail terms ended. There is however no excuse whatsoever for not carrying out the orders of the courts in regard to the 160 who were recommended for deportation. Rather than being tagged or kept tabs on, the Home Office has seemingly completely lost contact with them. Some may have left the country of their own volition. The others are instead free in this country when they at the least should have been under close surveillance if they were appealing against their deportation. It will most definitely prompt anger, especially in those who couldn't give a stuff about civil liberties, such as the Sun. Like a boyfriend who doesn't want to alarm his girlfriend or her parents by the noise he makes when he goes to the toilet, he has laid down a layer of tissue in advance. That is the real reason why Clarke attacked those big hitters Jenni Russell and Henry Porter.
Charles Clarke admitted that 1,023 former foreign prisoners should have been considered for deportation, including three murderers and nine rapists.
In a briefing to journalists at the Home Office Mr Clarke apologised for the failures, which were made between February 1999 and March 2006, and conceded that the mistakes would understandably prompt anger. He later said the blunder was not a "resigning issue".
The prime minister's official spokesman said later that Tony Blair viewed the failure as "deeply regrettable" but was confident that ministers had now taken appropriate action to deal with the problem.
After complaints from the opposition, Commons speaker Michael Martin will ask Mr Clarke to explain why he made the statement to journalists and not to MPs, and is reported to be seriously considering requests to force the home secretary to make a statement in parliament. The shadow home secretary, David Davis, said: "This astonishing admission by the Home Office is the latest in a long line of failures which have jeopardised the protection of the public. 160 of these offenders were recommended for deportation as part of their sentencing but, of these offenders, only five have been deported. This serial incompetence beggars belief. The home secretary urgently needs to come to the House of Commons to explain the situation."
Or what about the statement: "People wearing satirical T-shirts in a "designated area" may be arrested under the Prevention of Terrorism Act. The City of London is a permanently 'designated area'". Wrong again. There is no such provision in any Prevention of Terrorism Act. Nor is there any law against bad taste in t-shirts as long as they do not, for example, incite murder.
The National Identity Scheme is being introduced to safeguard people's identities, not track their lifestyle or activities. The information that can be held on the National Identity Register covers only basic personal information roughly the same as that needed for a passport. It will not include details of withdrawals of cash from bank accounts, medical records or even whether someone has obtained a fishing licence.
IDENTITY cards are to carry medical details, despite repeated government assurances that concerns about privacy meant it would not happen.
A minister at the Home Office disclosed it wants people to put personal health information on the cards to give doctors information for emergencies.
Card-holders will be urged to volunteer details of blood group, allergies, and whether they wish to donate organs. Ministers stressed there would be no compulsion.
Andy Burnham, a junior Home Office minister with responsibility for promoting ID cards, said there was an “impressive benefits case” for use of the cards by the NHS.
For example, on whether "People can protest in Parliament Square only with the written permission of the police. Where 'reasonably practical', six days notice must be given." But what is not added is that in some cases 24 hours notice is sufficient. Or that since the legislation came into effect last August, 157 demonstrations have taken place in Parliament Square ranging from human rights in Burma to a protest about the right to protest itself. Organisers of demonstrations must give prior notice to the Commissioner of the Metropolitan Police, who is then obliged to authorise the demonstration although he may attach conditions to the authorisation where it is necessary. This is more or less the same as the situation that prevailed in the 1970s when I myself organised demonstrations in Parliament Square.
The package of changes to the compensation scheme for victims of miscarriages of justice will save about £5m a year out of a total annual bill of £8m. Some will have immediate effect. The government will no longer pay compensation above what is required by international obligations and so has now closed its discretionary payment scheme.
In one case under the discretionary scheme cited by Mr Clarke, a man convicted of smuggling offences for which he was fined and ordered to pay costs was awarded a seven-figure sum even though he had not even been to prison.
The statutory scheme paying out the minimum required by international obligations will continue and claimants will have the right to sue in the civil courts for compensation. Time limits are to be introduced for all applications.
The average time taken to settle cases has now reached more than three years, with five cases having taken more than 10 years to resolve.
Legislation
Mr Clarke is to introduce legislation capping the maximum award at £500,000 under the scheme, plus compensation for loss of earnings. Payments have increased sharply in recent years, with the average now more than £250,000 and with more than 10% paid in legal fees. In one unidentified case more than £2.1m was paid out. A limit is also to be placed on the amount of legal aid available in such cases. Earnings compensation will be limited to one and half times gross average industrial earnings.
Deductions
The government will further limit the compensation payments made by giving an independent assessor the power to make deductions to take account of other convictions and the defendant's behaviour during the trial. In exceptional cases the compensation could be reduced to nil because of criminal convictions or the defendant's failure to be helpful in court.
"The changes I have announced today will create a fairer, simpler and speedier system for compensating miscarriages of justice."
The orders could ban high-risk offenders from certain locations and impose a range of other conditions, although these do not include curfews. Breaking the orders could lead to up to five years in jail, Mr Clarke told MPs.
"no risk can ever be eliminated".
A high profile Scotland Yard officer who has repeatedly clashed with his bosses over the killing of Jean Charles de Menezes faces being ousted from his job, the Guardian has learned.
Brian Paddick gave evidence to the official inquiry into the shooting of the Brazilian at Stockwell tube station last July, that challenged claims by his boss, the Metropolitan police commissioner Sir Ian Blair, and is also facing an allegation that he leaked information about the killing to a BBC journalist.
Mr Paddick told the Independent Police Complaints Commission investigation into the commissioner's conduct, that officials within Sir Ian's own office feared the wrong man had been killed just hours after the shooting. Sir Ian has repeatedly said that he and his aides had no inkling until the morning of the next day that the man shot eight times by officers hunting suicide bombers was in fact innocent.
Downing Street changed tack in the "cash for honours" controversy yesterday by openly asserting it had always wanted business sponsors of city academy schools to join the House of Lords, arguing that their personal knowledge of the government's education programme would add to the debate in the upper house.
There had been no automatic link between funding academies and an honour, the No 10 source insisted, but nor was there an attempt to disguise the government's desire to have business educationalists in the Lords. The Downing Street source said two businessmen had been put forward for political peerages due to their knowledge of the government's academy programme, and not in return for giving sponsorship to the academies. "We are being upfront abut this. If they were willing to give the time, effort and money to support the academies programme, we wanted to put them in the Lords." All such nominations were scrutinised by the independent Appointments Commission, with some rejected and some accepted.
Eight sponsors of the 27 academies have received some form of honour.
In the retail year, tomorrow is unique: Easter Sunday is the only Sunday when there is no chance of a trip to Tesco or a garden centre.
But this year could be the last guaranteed day of rest for shopworkers. The Department of Trade and Industry is considering a change in the law which prevents big stores from opening for more than six hours on a Sunday and would sweep away the ban on Easter Day trading. Opposition is mounting and battlelines are being drawn.
The campaign to extend Sunday opening hours is being co-ordinated by the lobby group Deregulate, which argues that "shoppers should be allowed to do their shopping then they want", and that ending the Sunday trading rules would fit in with the government's drive to slash red tape. "If the government is serious about de-regulation then it can scrap a piece of unnecessary legislation now", said David Ramsden, the Deregulate chairman.
Deregulate is financed by seven leading retailers together with the Horticultural Trades Association, which represents 2,500 garden centres, and Peel Holdings, owners of the 280-store Trafford Centre in Manchester. The retailers backing the group are Next, Game, Hobbycraft, Ikea, Kingfisher (B&Q), Asda and Tesco.
Lined up against them are a wide variety of interest groups, ranging from small business groups to the shopworkers' union Usdaw, the Keep Sunday Special campaign, supported by the Mothers' Union and the United Reform Church, and some 220 MPs who have signed an early day motion opposing the liberalisation of the Sunday trading laws.
Speaking at the NASUWT conference in Birmingham, Ms Kelly told delegates the school had seen a marked improvement in performance since the scheme started and said she would welcome other schools adopting a similar scheme.
"Drugs is ... an issue which is not going away in schools," she said. "I was looking at the evidence from the Abbey school the other day where they have tried random drug testing and found that a hugely effective way of creating peer pressure against taking drugs in school."
The Abbey school has seen GCSE exam results improve significantly after introducing random testing. The school selects 20 pupils by computer each week who then take the tests, during which they are swabbed by specially trained staff.
The samples are sent off to a laboratory where they are checked for traces of drugs such as cannabis, cocaine and ecstasy.
Yesterday Peter Walker, the headteacher who introduced the scheme, said the government's support was "very important". More than 500 pupils had been tested and only one had proved positive. "The school has had the best 18 months in its history and its best exam results," he said. Tests had given pupils a reason not to take drugs.
Jim Murphy, the cabinet office minister in charge of the legislation, told the Guardian yesterday that including the safeguards would make it impossible to use the law to make constitutional changes. He stressed its sole purpose was to cut red tape and insisted opponents had overhyped its implications.
Tories and Lib Dems had dubbed it the "parliamentary scrutiny (abolition) bill", arguing it was so loosely drafted it could be used to repeal or amend almost any law without the proper scrutiny or approval of MPs, even allowing constitutional changes such as the abolition of the Scottish parliament, on the basis of very brief debates in the chamber and in committee.
They feared that even if the government abided by its promise not to use it for controversial measures, future ministers might be less scrupulous.
At present the protections in the bill only prevent ministers from using it to impose or increase taxation, to create a new criminal offence carrying a sentence of more than two years, or to authorise the forcible entry of property, search and seizure, or compel people to give evidence to police or courts. They would also have to satisfy themselves that the effect of changes were "proportionate".
But Mr Murphy insisted:"It wasn't and isn't our intention to do the sort of things that to some extent have been suggested. There's been hyperbole and ridiculous claims ... This bill is about regulations; it has never been about the constitution. It's about defining the power more precisely to show what it is we seek to do."
He added: "We always said we would listen, and for the last couple of months we have been looking at drafting amendments to do two things: deliver better regulation agenda but also take the constitutional debate off the table.
"It will make it impossible, not just difficult, to do the sorts of things which some people have raised."
Mr Murphy said he also wanted the amendments, which will be tabled when the bill reaches its report stage in the Commons shortly, to ensure select committees could block contentious changes. "Let's see if we can strengthen those powers, so it is not [just] a convention that we won't override them - I think we need a statutory veto on the face of the bill," he said.
Ministers argue all governments have failed to eradicate unnecessary regulation.
The Israeli government said yesterday it would continue its bombardment of northern Gaza with an estimated 300 shells a day despite international criticism over the death of a young girl.
Shaul Mofaz, the defence minister who is touring Israel's borders with Gaza, said: "As long as it's not quiet here [in Israel], it won't be quiet there [in Gaza]."
Israeli forces have been firing shells close to Palestinian communities to stop militants from firing rockets at Israeli communities. The army continued to bombard the outskirts of Beit Lahiya yesterday, but Palestinian militants fired their homemade missiles from different residential areas, which they believe are safe from Israeli reprisals.
Kim Howells, the Foreign Office minister, condemned the killing of the girl, Hadeel Ghabeen, whose home in Beit Lahiya was hit by two shells on Monday, and asked the Israeli government to exercise maximum restraint.
"Israel has the right to defend itself, but any actions in the occupied territories must be proportionate and in accordance with international law. Equally, we urge the Palestinian Authority to take steps to halt all attacks launched at Israeli targets from the Gaza Strip," he said.
Ghabeen, believed to be aged between four and 12, was the 15th Palestinian to be killed in Gaza since Friday in shell and air attacks. Israel has been firing about 300 shells a day at Gaza at an estimated cost of more than £125,000 a day, according to the Israeli media.
Palestinian militants have fired about 50 missiles at Israel in the past month without causing serious injury.
Palestinian witnesses said they saw the captain shoot Iman twice in the head, walk away, turn back and fire a stream of bullets into her body.
On the tape, Capt R then "clarifies" to the soldiers under his command why he killed Iman: "This is commander. Anything that's mobile, that moves in the [security] zone, even if it's a three-year-old, needs to be killed."
"With only 58 days to the start of The World Cup The Sun and The News of The World are pleased to have reached a settlement with Wayne Rooney," the papers' said in a statement.
"We can now put this case behind us and focus on a great tournament. We wish him and the England team every success in Germany and look forward to welcoming them back with the World Cup trophy."
"pull their shoddily dyed hair back in that ultra-tight bun known as the 'council house facelift'"
Well oh they might wear classic Reeboks
Or knackered Converse
Or tracky bottoms tucked in socks
But all of that's what the point is not
The point's that there ain't no romance around there
And there's the truth that they can't see
They'd probably like to throw a punch at me
And if you could only see them, then you would agree
Agree that there ain't no romance around there
You know, oh it's a funny thing you know
We'll tell 'em if you like
We'll tell 'em all tonight
They'll never listen
Cause their minds are made up
And course it's all okay to carry on that way
And over there there's broken bones
There's only music, so that there's new ringtones
And it don't take no Sherlock Holmes
To see it's a little different around here
Don't get me wrong, oh there's boys in bands
And kids who like to scrap with pool cues in their hands
And just cause he's had a coupla cans
He thinks it's alright to act like a dickhead
Don't you know, oh it's a funny thing you know
We'll tell em if you like
We'll tell em all tonight
They'll never listen
Cause their minds are made up
And course it's all okay to carry on that way
I said no
Oh no!
Oh you won't get me to go!
Anywhere, said anywhere
I won't go
Oh no no !
Well over there there's friends of mine
What can I say, I've known 'em for a long long time
And yeah they might overstep the line
But I just cannot get angry in the same way
Not in the same way
Not in the same way
Oh no, oh no no
The London attacks were a modest, simple affair by four seemingly normal men using the internet.'
Your democratically elected governments continuously perpetuate atrocities against my people all over the world.
Until we feel security, you will be our targets. And until you stop the bombing, gassing, imprisonment and torture of my people we will not stop this fight.
We are at war and I am a soldier. Now you too will taste the reality of this situation.
"The judge had every right to question whether there were other ways of dealing with the incident. He was wrong to do so in a manner which trivialised racist taunts and abuse.
"Judges have a responsibility to consider the potential impact of their comments. Relegating an incident of what appears to have been repeated abuse to the level of a playground spat is unacceptable.
"The timing of his remarks is particularly unfortunate. The local elections are imminent. Candidates from the extreme right are being fielded in many cities. Comments, which dismiss racial abuse as 'political correctness gone mad' simply feed the pernicious agenda of extremists."
"The judge had every right to question whether there were other ways of dealing with the incident. He was wrong to do so in a manner which trivialised racist taunts and abuse.
"Judges have a responsibility to consider the potential impact of their comments. Relegating an incident of what appears to have been repeated abuse to the level of a playground spat is unacceptable.
"The timing of his remarks is particularly unfortunate. The local elections are imminent. Candidates from the extreme right are being fielded in many cities. Comments, which dismiss racial abuse as 'political correctness gone mad' simply feed the pernicious agenda of extremists."
Dear Sirs,
Thank you for the confirmation that the injunction has ended. I hope that this is the end of the matter.
If I may, I would just like to highlight how badly the actions of yourselves and your client have backfired. My website had been averaging around 60 unique hits per day. Yesterday, following the injunction against myself and other bloggers, as well George Galloway, the site received 841 unique hits, which does not account for those who returned during the day as the case against George Galloway progressed. My website was also today mentioned in the Guardian report of the hearing.
While I, fearing legal action from yourselves removed the photograph of your client from my site, other bloggers defied the intimidation of the News of the World and Mahzer Mahmood and published his photograph in reaction to News International's attack on the freedom of the press. As a result of your actions and the attitude of your client, his photograph is now even more in the public domain than it would have been had you realised the likely consequences of your actions.
My reasons for publishing the photograph of your client in the first place are thus. This was not about supporting George Galloway; this was about exposing the hypocrisy of a man who craves privacy but who has denied it to the victims of his exposes. Allegations made by such mainstream journalists as Roy Greenslade, that your client was involved in the entrapment of the gang who were set-up to be apparently trying to kidnap Victoria Beckham, suggests that he and his newspaper have ruined the lives of men and women who have done very little to absolutely nothing wrong, let alone anything illegal. For your client then to attack the freedom of websites such as mine to publish his photograph, which was already easily available on the internet, is an outrageous attempt to intimidate critics into silence.
Even more alarming is that your client was seemingly attempting to corrupt politicians, in a supposed expose on the party funding scandal which is currently engulfing both the Labour and Conservative parties. When he is exposed as doing so, he resorts to the law to protect photographs of himself, which themselves are old, from being published by the mainstream media. His attitude to press freedom is one which is typical of the rich and powerful; he will use it against the greedy and corrupt when it means that his newspaper will sell more copies, yet when he feels threatened by it he resorts to the likes of yourselves to intimidate his critics. I'm sure that you can appreciate the hypocrisy of his position. That he also seemed to be targeting politicians who opposed the Iraq war, which News International newspapers were vehemently in favour of, seems to show that your clients were out to smear all opponents of that conflict at best as hypocritical, and at worse corrupt.
I will be watching the News of the World this weekend very carefully for any reaction to this week's events, as I'm sure other bloggers and George Galloway will be as well. Any attempt by your clients to slur, smear or perform hatchet jobs on those who you tried to gag will I'm sure be met by bitter resistance.
As the injunction has now expired, I will be publishing the photographs of your client on to my website again shortly. If you have any objections to this, I suggest that you contact me immediately.
Yours,
Obsolete writer.
In their application for a new injunction, lawyers acting for the News of the World argued that publishing the two images, one a passport photograph and the other showing the reporter in Arab robes, threatened Mahmood's safety, his ability to continue his undercover investigations, breached copyright and was unfair and unlawful under the data protection act.
However, Mr Justice Mitting declined to grant a new injunction. "It's more likely than not that this claim in a full trial would fail. Accordingly I am obliged to refuse the injunction sought," he said.
But while Mr Justice Mitting ruled against the paper, he allowed a fresh injunction while it appealed his decision. The appeal is due to be heard tomorrow.
The News of the World barrister Richard Spearman QC said Mahmood had received many threats from the subjects of his investigations and that his safety would be in danger if the photographs were published.
"I disagree," Mr Justice Mitting said. "For the photographs of Mr Mahmood to be of any use to such people they would have to have a whole package of further information about his whereabouts and his habits.
Mr Justice Mitting added that the true purpose of the application was not so much to protect Mahmood "but the protection of his earnings capability and publication of his investigative journalism and his utility to his employers in that respect".
The high court judge said it was "debatable" that the reporter acted in the public interest because he was not an officer of the state, such as a police detective.
He rejected the claim that the passport photograph had been taken for a private and domestic purpose, as Mr Spearman had argued.
In 2002 he was said to have received a death threat in which a £100,000 contract was put on his life.
The injunction issued on behalf of the newspaper by law firm Farrer & Co - taken out to stop MP George Galloway from publishing Mahmood's picture - includes the line: "Nothing in the order shall of itself prevent any person publishing any photograph or image lawfully in the public domain."
This wording is unusual in its inclusion of the word "lawfully", which is not normally used in injunction instructions.
It is unclear whether "lawfully" is a reference to the newspaper believing that pictures sent yesterday by Mr Galloway to MPs, members of the House of the Lords and the royal family, are unlawful.
And if "lawful" pictures of Mahmood can be published, then what makes them "lawful"?
Mahmood's picture is freely available on the internet and has already been published in the national press - in April 2001 the Observer caused a stir by publishing a shot of the journalist alongside a report about his exposé of Sophie Wessex's indiscretions.
However, since Farrer & Co issued its injunction last night, some websites have been removing Mahmood's picture.
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE HONOURABLE MR JUSTICE MITTING
TUESDAY 4TH APRIL 2006
B E T W E E N :
MAZHER MAHMOOD
Applicant
v
(1) GEORGE GALLOWAY MP
(2) RON McKAY
Respondents
MINUTE OF ORDER
IF YOU THE RECIPIENT OF THIS ORDER AND ANY OTHER PERSON WITH NOTICE OF THIS ORDER DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND LIABLE TO IMPRISONMENT OR TO BE FINED OR TO HAVE YOUR ASSETS SEIZED
UPON hearing Counsel for the Applicant without notice to the Respondents
AND UPON the Applicant by his Counsel giving the undertakings set out in Schedule 1 at the end of this Order
IT IS ORDERED that:
An injunction is hereby granted restraining until after 4pm on 5 April 2006 or further order in the meantime the Respondents and any person with notice of this order (whether by themselves or by their servants or agents or otherwise however or in the case of a company whether by its directors or officers or servants or agents or otherwise howsoever) from publishing or disclosing to any other person or allowing or causing to be published in any newspaper or to be broadcast in any sound or television broadcast or by means of any cable or satellite programme service or public computer network any photograph of the Applicant
PROVIDED THAT nothing in this Order shall of itself prevent any person publishing any photograph or image lawfully in the public domain
2. Paragraph 1 above shall apply subject to the following PROVISO in relation to any internet service provider (“ISP”), its employees and agents:
(a) an ISP shall not be in breach of this injunction unless it, or any of its employees or agents:
(i) knew that the material had been placed on its servers or could be accessed via its service; or
(ii) knew that the material was to be placed on its servers, or was likely to be placed on its servers or was likely to be accessed by its service; and in either case
(iii) failed to take all reasonable steps to prevent the publication;
(b) an employee or agent of an ISP shall not be in breach of the injunction unless he or it:
(i) knew that the material had been placed on its servers or could be accessed via its service; or
(ii) knew that the material was to be placed on its servers, or was likely to be placed on its servers or was likely to be accessed via its service; and in either case
(iii) failed to take all reasonable steps to prevent the publication and to induce the ISP to prevent the publication;
(c) as ISP, employee or agent shall be considered to know anything which he or it would have known if he or it had taken reasonable steps to find out;
(d) “taking all reasonable steps to prevent the publication” includes the taking of all reasonable steps to remove the material from the ISP’s servers or to block access to the material.
3. The proviso to paragraph 1 of this order shall not apply so as to permit the publication of material falling within paragraph 1 of this order merely on the ground that such material has at any time been published on the internet and/or outside England and Wales.
4. Copies of this order endorsed with a penal notice be served by the Applicant’s solicitors on:
(a) such newspapers and sound or television broadcasting or cable or satellite programme services and public computer networks as they may think fit, in the case of a public computer network, by e-mail and in each other case by facsimile transmission or pre-paid first class post addressed to the Editor in the case of a newspaper or the Senior News Editor in the case of a broadcasting or cable or satellite programme service, or person responsible for any public computer network in the case of that network; and
(b) on such other persons as the Applicant’s solicitors may think fit in each case in the first instance by the means mentioned in paragraph 4(a) above and as soon as practicable thereafter by personal service.
5. Any person affected by the injunction set out at paragraph 1 above is at liberty to apply upon notice in writing to the Applicant’s solicitors.
6. Time for service of application shortened to 2 hours.
7. The costs of and occasioned by this application are reserved.
Dated the 4th day of April 2006.
SCHEDULE 1
UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT
(1) If the court later finds that this order has caused loss to the Respondents, and decides that the Respondents should be compensated for that loss, the Applicant will comply with any order the court may make
(2) As soon as practicable the Applicant will issue and serve a claim form claiming appropriate relief
(3) The Applicant will cause a witness statement to be made confirming the substance of what was said to the court by the Applicant’s Counsel
(4) The Applicant will serve upon the Respondents as soon as practicable (i) this Order (ii) copies of the above witness statement and any other documents provided to the court on the making of this order (iii) the claim form and (iv) an application notice for the continuation of this Order returnable at 2pm on 5 April 2006
(5) Anyone notified of this Order will be given a copy of it by the Applicant’s legal representatives
(6) If this Order ceases to have effect the Applicant will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this Order, or who he has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect
NAME AND ADDRESS OF APPLICANT’S LEGAL REPRESENTATIVES
The Applicant’s legal representatives are:
Farrer & Co, 66, Lincoln’s Inn Fields, London WC2A 3LH
Tel No 020-7242-2022
Fax No 020-7242-9899
E-mail: jnc@farrer.co.uk
Ref: RGC/JNC
Out of office hours contact numbers: 07803601353 (JNC)
Rupert Murdoch’s News International tonight obtained a 24-hour injunction against George Galloway MP, Ron McKay and those acting on their behalf against the publication of photographs of News of the World employee Mazher Mahmood, the “fake sheikh”.
The picture had already been circulated to Members of Parliament and the House of Lords, to the Queen’s private secretary and to others in public life who may be in targeted by Mahmood’s unscrupulous, agent provocateur methods. Ironically, the solicitors acting for News International, Farrer & Co, also act for the Queen.
The restraining order expires at 4pm tomorrow and George Galloway plans vigorously to contest the ban. “This is exactly what we expected. And now we see just how hypocritical and slight News International’s professed commitment to press freedom is,” said George Galloway.
“Since I broke the news of my encounter with the fake sheikh other interested parties have come forward providing voluminous further evidence of thoroughly unscrupulous methods.
“The judges in the trial arising from the Victoria Beckham kidnap that never was, and in the trial of London’s Burning star John Alford, have already raised serious concerns about his activities. And others are in prison awaiting trial. Any good he might once claim to have achieved has now been massively outweighed by the damage he is doing.
"The evidence already coming my way reinforces my determination to see that Mahmood is brought to book. If News International were truly concerned with the integrity of the press it would be retiring Mahmood this evening instead of trying to prevent others from being forewarned of his activities.
“This is the beginning of a battle that may turn out to be long-running, but it is one I intend to win.”
The News of the World obtained a high court injunction yesterday to stop George Galloway publishing pictures of its most celebrated journalist, Mazher Mahmood, the investigative reporter more commonly known as the "fake sheikh".
The MP for Bethnal Green and Bow claimed Mahmood tried to make him the target of a sting late last month by attempting to get him to make anti-semitic remarks and implicate him in illegal party financing at a London hotel.
He has branded Mahmood - whose previous victims include the Countess of Wessex and the England manager, Sven-Goran Eriksson - "an agent provocateur and a disgrace to journalism".
Mr Galloway had made good on his threat to out Mahmood earlier yesterday, when he sent two pictures of the reporter to all MPs and the royal family, as well as posting the pictures on the Respect party website.
The images were later removed from the site.
"The secret's out, I hope your editors will publish his picture," Mr Galloway told reporters gathered at a news conference yesterday.
The News of the World, which has gone to great efforts to make sure that the identity of its star reporter remains a mystery, had asked newspapers not to publish images of Mahmood, who works undercover and is said by the paper to be responsible for the conviction of more than 130 criminals. It had also claimed that Mahmood and his family are the subject of death threats regarded as "serious and credible" by police.
Yesterday afternoon, the paper's parent company, News International, successfully applied to Mr Justice Mitting for a 24-hour high court injunction prohibiting publication of the pictures.
Mr Galloway said last night that he intended to challenge the order as soon as it expires at 4pm today.
"This is exactly what we expected. And now we see just how hypocritical and slight News International's professed commitment to press freedom is," Mr Galloway said.
"Since I broke the news of my encounter with the fake sheikh other interested parties have come forward providing voluminous further evidence of thoroughly unscrupulous methods ... The evidence already coming my way reinforces my determination to see that Mahmood is brought to book.
"If News International were truly concerned with the integrity of the press it would be retiring Mahmood this evening instead of trying to prevent others from being forewarned of his activities."
The News of the World defended Mahmood's meeting with Mr Galloway, arguing that it was part of "wholly legitimate inquiries" into the activities of a number of individuals in relation to the loans-for-honours and party funding scandal.
Earlier this year, Mr Galloway was the victim of a sting by the News of the World's sister paper, the Sun, when an undercover reporter sent him flowers on Valentine's Day and visited his office.
"That is why I pose three questions about the international legal framework. Put simply, in today's changed circumstances are we convinced that it adequately covers:
* the contemporary threat from international terrorists?
* The circumstances in which states may need to take action in order to avert imminent attack?
* Those situations where the international community needs to intervene on grounds of overwhelming humanitarian necessity in order to stop internal suppression - mass murder and genocide – as opposed to external aggression?
Afghanistan is a good example. There were clear legal grounds for the international community – led by the US – taking action against Afghanistan after 9/11. Al Qaeda had proved both the intent and the capability to kill thousands of innocent men women and children. The threat of them doing so again was clearly imminent for all to see.
But what if another threat develops? Not Al Qaeda. Not muslim extremism. Something none of us are thinking about at the moment. The proliferation of Weapons of Mass Destruction has coincided with the growth of those prepared to use them. We know that terrorist groups continue to try and acquire such weapons and that they have described their willingness to use them. We also know that they continue to seek opportunities to launch attacks on a similar or greater scale as 9/11. Hopefully, we would learn of any such threat before any atrocities had been committed. I believe we would have strong legal grounds to take action to protect ourselves against attack. I also suspect that others would disagree. A debate would centre around "imminence". The very significant consequences of action or inaction in these circumstances should give us all pause for thought.
From Iran's perspective, all this amounts to a serious military threat that may not yet be "imminent" - but could soon become so. Its spokesmen have pledged to meet pain with pain and hurt with hurt.
The assumption until now has been that Iran would passively wait and see what the Americans do. But as Mr Reid has helpfully pointed out, western countries increasingly believe they have, or should have, a legal right to pre-empt. Logically, Iran has an identical right - and may choose to exercise it.
The possibility, however remote or unlikely it may seem now, of Iran attacking before it is attacked demonstrates how dangerous the whole Bush doctrine of pre-emption really is; and how problematic, too, are attempts to change international law to suit contemporary circumstances.
However, he said, it was not "sufficient just to say [Guantánamo] is wrong".
At the January hearing, Ms Craen's mother Susan, 47, had said the only appropriate punishment for Singh would be to force him to attend her daughter's funeral.
"It doesn't make any difference to me if he gets three years or life," she said at the time. "He took away my daughter and time spent in prison can never bring her back.
"If he had come to the funeral and stood near all her family and her friends and witnessed the grief we all felt, he might have realised the pain he's caused."
Mrs Craen spoke out against the sentence after yesterday's hearing.
"Abigail was murdered on October 30 last year," she said. "The man who killed her left her dying on the edge of the road. He did not brake or stop and did not come forward for eight days.
"Abigail was a wonderful, talented and beautiful girl whose life was full of laughter. The sentence is an insult to her. She is dead and the man who killed her has a small interruption in his life. This is no deterrent or punishment."
JASWINDER Singh is a killer.
He took 20-year-old Abi Craen’s life as recklessly as if he had attacked her with a deadly weapon.
He raced his car over an intersection, ignoring a red light — and kept driving without a thought for the young medical student he had left dying in the road.
Then the coward hid his damaged car in a friend’s garage to escape justice.
This cannot be brushed aside as the sort of accident that could happen to anyone.
Singh had just been handed back his licence after a drink-drive ban.
He was only shamed into confessing after pictures of the poor girl’s shattered body were published by her grieving parents.
Singh should have been banged up for manslaughter. At the very least, he should have got the maximum 14 years for dangerous driving.
Instead, he will shortly be free after being sentenced to a ludicrous 18 months.
That is a grotesque insult to Abi, her distraught family — and to British justice.
Other April fool stories included Radio 4's Today programme announcing that the axed UK Theme was to be replaced by Euro Theme; the Daily Mail on Tony Blair ordering the No 10 doors to be painted red; The Sun spotting a penguin by the river Thames and the Daily Express reporting that the French authorities were hiding secrets over the death of Diana.
Actually, the last one was not an April fool.
Mr Straw described crowds of supporters outside as "remarkable" and dismissed the number of demonstrators as "not large".
"They (protesters) said they were going to get bus loads and bus loads in. Well they didn't do very well," said Mr Straw.
"If they had asked me I could have done better for them."
"It was not a mistake to overthrow Saddam Hussein. It was not a mistake to unleash the forces of democracy in the Middle East."