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 Re: (Saudi Arabia threatened to unleash terrorists to attack London (block bribes inquiry (Re: Mohamed Omer)
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Britain powerless in face of Saudi threats, court told
· Judges sceptical about efforts to resist pressure
· BAE review told ministers entitled to ignore treaty
The Guardian, Saturday February 16 2008
The British government was powerless to resist the Saudi threats that forced it to close down the BAE corruption investigation, its lawyers insisted in the high court yesterday
The claim met with scepticism from Lord Justice Moses, who is trying the case along with Mr Justice Sullivan. He pointed out that the government had apparently made no attempt to resist such "unlawful" Saudi threats or to deter their behaviour
Philip Sales, QC for the crown, said the government could not "magic away" the threats from the Saudi ruling clan
But the judge said: "Every time a hostage is taken or a ransom demanded, the answer by the government is: 'We do not yield to threats'."
The high court has heard unchallenged allegations that it was Prince Bandar, the alleged beneficiary of £1bn in secret payments from the arms giant BAE, who threatened to cut off intelligence on terrorists if the investigation into him and his family was not stopped
Investigators said they were given to understand there would be "another 7/7" and the loss of "British lives on British streets" if they carried on delving into the payments
The government argued yesterday that these threats were so "grave" and put Britain's security in such "imminent" threat that the head of the Serious Fraud Office had no option but to shut down his investigation immediately
On the second day and final day of the judicial review into the decision, which is being brought by anti-corruption campaigners, the judges repeatedly questioned these assertions
Moses said: "What you are saying is that the law is powerless to protect our own sovereignty - the law cannot be deployed as a weapon to protect the sovereignty of this country."
The judge said: "Your answer is, yes, it is powerless. No lawyer or court can protect one of the essential features of sovereignty, which is control over one's own domestic criminal law system."
Asked if that meant nothing could be done to resist this kind of threat "from a powerful foreign state", Sales replied: "Correct - we cannot compel Saudi Arabia to adopt a different stance."
Moses said it was "curious" that ministers were not allowed constitutionally to interfere in criminal investigations, but "there was nothing that could be done" when it was Saudi Arabia.
This meant, he said, that the decision to terminate the inquiry was "out of the control" of the British government
Sales said the government was entitled to ignore an OECD anti-corruption treaty when Britain's security was in jeopardy. Moses responded : "It is no good just waving the flag of national security. If (its use) is so wide, it undermines the treaty." Any government could stop bribery prosecutions on the grounds of national security, Sullivan added. He asked if that "drove a coach and horses through the treaty."
The investigation was stopped after Tony Blair, then prime minister, intervened following sustained lobbying by the Saudis and BAE, who wanted to preserve a lucrative arms contract. In a long, "exceptional" letter to his attorney-general Lord Goldsmith, Blair said he was concerned, among other things, about this contract to sell Typhoon warplanes
Governments signed up to the OECD treaty are forbidden from stopping investigations for commercial reasons
Sullivan intervened to say that Whitehall documents released to the court showed that issues other than purely national security had been considered. He told Sales that the government was making "bland statements" and refusing to admit the reality
Moses expressed concern about ministers apparently abandoning the Shawcross convention, which is supposed to prevent politicians interfering in criminal cases
Under it, the law officers are allowed to consult ministers about the public interest implications of a prosecution decision. But ministers are not allowed to lobby for a particular decision
Campaigners allege that Blair over-stepped the mark when he put "irresistible pressure" on the SFO
The government argued it was permissible for the prime minister to express a forceful view that there was "a very clear case" for ending the investigation
The judges said they would give their ruling as soon as possible
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Mohamed Omer
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست