10/27/06

Appeals court overturns reporting restrictions after challenge from AP and others in Britain


By PAISLEY DODDS
Associated Press Writer

LONDON (AP) -- A British appeals court on Friday overturned restrictions on news media reporting of next month's sentencing of a British Muslim who planned to bomb targets in the United States and Britain.

The ruling came after a legal challenge by The Associated Press, the British Broadcasting Corp. and Times Newspapers Ltd.

Dhiran Barot, 34, pleaded guilty earlier this month to conspiracy to commit murder in a plot to bomb high-profile British and U.S. targets, including the New York Stock Exchange and the International Monetary Fund in Washington, D.C.

The criminal court banned reporting of Barot's actual sentence and details of the sentencing hearing, tentatively set for next week. Judge Neil Butterfield said the information might prejudice juries in trials -- scheduled for next year -- of seven others accused in the same plot.

At Friday's hearing, a three-judge panel heard attorneys for several of the co-defendants argue that Butterfield's ruling should be upheld to ensure a fair trial.

Attorneys representing the AP, the BBC and The Times argued that the public had a right to be informed about terrorism cases of such importance, and that basic information like the sentencing of their possible ringleader would in any case be raised at those upcoming trials.

The presiding justice, Igor Judge, said Barot's case was "high-profile" and "there will be a true and genuine public interest" in its outcome. "For those reasons this appeal will be allowed," he said at the end of a one-hour summation.

Britain's tough contempt laws on covering court cases -- intended to ensure a fair jury trial -- have historically left reporters struggling to maintain the timely flow of information to the public. In the Internet age, it raises special complications in cases where information about related cases is available abroad but banned for publication in Britain.

Mark Stephens, an attorney whose firm represented the AP in the case, said Friday's ruling could reduce the reporting restrictions British judges try to impose on the media.

"What these guidelines set for the future will be that justices won't have knee-jerk reactions in (imposing) reporting restrictions," he said. "This could set a precedent in other terror cases."

One case that could be affected is that of several people accused of plotting to blow up U.S.-bound airliners who were arrested in August -- especially if their trials, scheduled for next year, are held separately.

Barot is a British citizen who was raised a Hindu before converting to Islam.
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Associated Press writer Katy Fretland in London contributed to this report.