National papers win Shayler case

David Shayler before his exile in Paris

A victory for press freedom has been claimed by two national newspapers in a High Court ruling over the Shayler affair.

The editors of The Guardian and Observer challenged an order made by Judge Martin Stephens in March this year which required them to hand over documents and e-mails sent by Mr Shayler.

Alan Rusbridger: Serious implications for press freedom

But both newspapers vowed to fight the orders, arguing they would "strike at the roots" of their independence in a way which was both unlawful and unfair.

They also accused the Government of attempting to "suppress or shoot the messenger".

'Devastating and stifling effect'

Quashing the orders at the High Court on Friday, Lord Justice Judge, sitting with Mr Justice Maurice Kay and Mr Justice Gibbs, ruled the wide terms of production orders made by an Old Bailey judge "would have a devastating and stifling effect on the proper investigation of the Shayler story".

He added: "Virtually any journalist who made contact with him, and any newspaper publishing an article based on discussions with Shayler, would have been at risk of a similar application to the present.

"To my mind that would be an unhealthy development, quite disproportionate to any practical advantages of the prosecution process."

In exile

The court warned against the making of court disclosure orders against newspapers which might "stifle" investigative journalism unless there was "compelling evidence" the orders were in the public interest.

Mr Shayler, now in exile in France, is facing attempts in Britain to prosecute him under the Official Secrets Act. He plans to return to the UK at the end of August.

The controversial orders were made by Judge Martin Stephens at the Old Bailey in March at the request of the prosecuting authorities.

The orders required Guardian editor Alan Rusbridger to produce "all files, documents and other records" relating to an unsolicited e-mail letter sent to it by Mr Shayler, part of which had been published on February 17.

Mr Shayler's allegations focused on the alleged involvement of UK security services in a plot to assassinate Libyan leader Colonel Gadaffi, and subsequent attempts to prosecute the former MI5 employee under the Official Secrets Act.

The letter was in response to a Guardian article suggesting there had been exaggeration by Mr Shayler which had given Foreign Secretary Robin Cook "an easy way out".

Mr Cook had denied British involvement in the alleged assassination attempt in which innocent bystanders died.

In The Observer case, similar orders were made under the 1984 Police and Criminal Evidence Act against editor Roger Alton and the newspaper's home affairs correspondent Martin Bright.

They related to material e-mailed by Mr Shayler and used in a front page article on February 27 headlined "Two Spies Named in Libya Plot".