Thursday, November 19, 1998 Published at 02:47 GMT
Officials study Shayler ruling
David Shayler spent four months in prison
The Home Office is studying the ruling by French judges before deciding whether or not to appeal against the decision to release the former MI5 officer David Shayler.
This meant his extradition would be contrary to the European Convention on extradition and contrary to a French law of 1927 defining conditions of extradition.
"Obviously in terms of an appeal, we would need to seek advice from the French public prosecutor."
He was arrested by French police at Scotland Yard's request last August. He faces two charges under the Official Secrets Act.
Mr Shayler's 27-year-old brother Jeremy, who joined his other brother, Phil, and Mr Shayler's girlfriend, Annie Machon punched the air and cried "Yes!" when Mr Shayler appeared briefly in the dock to be handed papers confirming that he would not be extradited.
Unless the authorities agree, Mr Shayler will be unable to return to the UK without running the risk of arrest and prosecution.
Mr Wadham said: "We are delighted with the decision. It was unexpected because we did not expect the court to take such a robust decision.
"But the government has to now look at changes to the system to avoid other circumstances like this."
"If they see things are very wrong and feel they have got to follow their conscience and raise concerns, I think they realise now that the law will be behind them to do so," she said.
She called for the establishment of an independent body overseeing MI5 and MI6 to which staff could turn to voice their views.
Last month at a 90-minute hearing in the same court the French public prosecutor had backed the government's extradition request, arguing that Mr Shayler could not claim political intent for exposing secrets.
He claimed Mr Shayler's motive was commercial because a Sunday newspaper had paid him thousands of pounds for his story.