Clarke may have compromised most high-profile terrorist trials

BRITISH Home Secretary Charles Clarke may have endangered some of the most high-profile terrorist prosecutions yet in Britain by distributing details of three sub-judice cases.

In a bid to win backing for new terror powers, he distributed a seven-page Scotland Yard document which contained details of three terrorist cases which are currently sub-judice. The contents of the case studies cannot be repeated in full by the Press Association because they would amount to contempt of court.

But they included details of evidence against a number of defendants and their behaviour in police interviews.

Media lawyer Rod Dadak said: "I would be most surprised if, in issuing a release seeking to justify new detention powers, any reference would be made to a case which has yet to come to trial. It is inappropriate to do so and clearly calls into question the risk of prejudicing a fair trial."

He added: "The detail they have given impacts on the conduct of the defendants, which would appear to breach the rules with regard to contempt."

One of the cases highlighted by Scotland Yard has been described by a senior legal source as the biggest terror prosecution ever mounted in Britain.

The Met's briefing note was drawn up by Assistant Commissioner Andy Hayman, who is in charge of the anti-terrorist branch, in a bid to explain why police need powers to detain terror suspects for up to three months before charge.

The Home Office said the Crown Prosecution Service had cleared the material. A CPS spokeswoman said: "It is the CPS's view that the material that the document contains is not prejudicial to any future proceedings."

Scotland Yard said last night: "The MPS compiled a paper sent to the Home Office regarding proposals for three month pre-charge detention in terrorist investigations.

"A redacted version of this original document was considered by the CPS who advised that publication in its redacted format would not constitute contempt of court. The MPS would not wish to provide for publication any information it believed might prejudice forthcoming legal proceedings."

Meanwhile, Mr Clarke also published new plans to give police powers to temporarily close down places of worship such as mosques which are being used by extremists.

The trustee or registered owner of a place of worship would be issued with an order obtained from a court by the police requiring them to take steps to stop such behaviour.

Failing to do so would be a criminal offence.

If the activity persisted, police could apply to the court for a "restriction of use order" which could temporarily close all or part of the premises.