SAS soldier wins right to publish book

The book will be an insider's account of the mission

A former SAS commando is to be allowed to publish a book about a botched mission against Iraq during the Gulf War.

But the Court of Appeal in New Zealand has ruled that any profits from the book's sale must go to the British Government.

The Ministry of Defence and the author, who uses the pen name Mike Coburn, are both claiming partial victory over Thursday's decision.

Accounts of the Gulf War have already been published

The former soldier was part of an SAS patrol dropped into the clutches of Iraqi forces during a mission behind enemy lines.

The ruling is the culmination of a three-year battle by the New Zealander to win the right for his book to be published about the bungled Bravo Two Zero patrol in 1991.

The court ruled the MoD was trying to use its power to restrict the author's right to freedom of speech and said the information was already public.

Tortured

However it upheld the MoD's argument that the writer would breach a secrecy contract he had been made to sign by publishing the book, called Soldier Five.

The court ruled that because the contract was legally binding, the British Government was entitled to any profits.

Mr Coburn was one of four soldiers who were captured and tortured before being released when the Gulf War ended.

Three members of the patrol died in the ill-fated mission.

The writer was shot in the ankle and arm, and was left to the mercy of prison guards, who chained him to a bed and beat his wounded leg with rifle butts.

He has said his book is an attempt to set the record straight on what happened, after the operation spawned several books and films.

In a statement issued through his lawyer on Thursday, Mr Coburn welcomed the decision to allow the publication.

But he described the ruling that the confidentiality contract was legally binding as "surprising and disturbing".

Considering appeal

His counsel, barrister Warren Templeton, said he may appeal against this.

The MoD said it was "delighted" the verdict upheld the confidentiality contract.

"Our purpose was to demonstrate the legal effectiveness of the contract and we have done so," a spokesman said.

It is now considering whether or not to appeal against the decision to allow the book's publication.

Interim injunctions preventing publication of the book, in place since 1998, will stay in force for another fortnight while both sides decide on whether to take further action.

The MoD took the case to the Court of Appeal after it lost its attempt to block the book's publication in the High Court in Auckland last year.

The former soldier could face a damages claim from the British Government.

But one of the three judges who decided the case, Justice John Tipping, said it was unlikely the MoD could prove any loss or harm resulting from the book.