BBC wins court battle over prisoner interview

The BBC has won the right to film an interview with a terrorism suspect held for seven years without trial, after the High Court ruled that it was in the public interest.

Judges at the High Court said that justice secretary Ken Clarke was wrong to prevent the BBC from interviewing Babar Ahmad, reports BBC News.

Clarke had argued that it was not necessary to inform the public of the story of the British Muslim, who denies terrorism charges and is fighting extradition to America.

Following the ruling, the justice secretary confirmed that he would not appeal the verdict, and would instead enter talks with the BBC over how the interview should take place.

Ahmad, 38, has been in prison awaiting extradition since 2004, which is thought to be the longest ever detention of an un-convicted British citizen.

Last year, the BBC argued at the High Court that Clarke was unfairly using his powers to restrict the freedom of journalists to interview prisoners.

Lord Pannick QC, representing the BBC, said that the refusal to allow an interview was in breach of the Human Rights Act.

In their ruling, Justice Singh and Lord Justice Hooper said: "The [interview ban] constitutes a disproportionate interference with the right to freedom of expression in Article 10.

"In the circumstances of this particular case, the justification for that interference has not been convincingly established. The claimants have demonstrated on the evidence before the court that they do require a face-to-face interview with Mr Ahmad."

Counsel for Clarke had argued that allowing the BBC to film in prison would set a dangerous precedent for other cases, but the judges noted that Ahmad's situation was "far from ordinary", and the public had the right to know the details.

"It is difficult to think of a case which would fall within the exception if not for the present case," the judges said in response.

"We make it clear that we do not consider that the present case should be regarded as setting any precedent for other cases.

"The crucial question is whether in the very unusual circumstances of the present case, when taken together, an exception must be made. We have come to the conclusion that it must."

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