Murderer takes rights fight to court

The killer of a Bristol woman and a suspect in the case of missing estate agent Suzy Lamplugh, has started court action for "free and unimpeded" access to his legal advisors.

John Cannan is serving life for the 1989 murder of newly-wed Shirley Banks and has also been interviewed by police investigating the disappearance of Ms Lamplugh.

But the 48-year-old claims the governor of the maximum security prison in Yorkshire where he is serving his sentence has violated his human rights.

He says Full Sutton prison, near York is breaking the rules by preventing him exchanging legal documents with his solicitors.

We have instances of documents being stopped because prison officers took the view they were not legal in nature

Flo Krause Barrister

Cannan has asked a judge to declare unlawful a prison policy governing the exchange of legal documents during visits from his solicitors.

His lawyers complained to Mr Justice Hooper, sitting at the High Court in London, that the rule has hampered meetings.

On Monday his counsel, Flo Krause, told the judge that Cannan had been subjected to regular questioning by the police, prompting considerable amount of legal research.

But Ms Krause said his access to free and unimpeded legal advice was restricted by the fact he had to apply the day before a legal visit if he wanted to pass on documents.

Documents searched

Ms Krause said: "We have instances of documents being stopped because prison officers took the view they were not legal in nature."

On another occasion, a legal adviser was prevented from leaving the prison with documents even though they had been searched for illicit enclosures.

The prison policy was unlawful because it relied on the discretion of prison staff "permitting a fundamental right to be exercised", said Ms Krause.

Steven Kovats, appearing for the Prison Service, said the Full Sutton policy was necessary for security reasons to prevent the smuggling of unauthorised articles.

The case continues.