Appeal to the Lords rejected
On 20th November 2002, the House of Lords informed the defence that the appeal by Samar and Jawad has been rejected, thereby accepting the prosecution's case.
In July 2002, the Lords had provisionally accepted the application for leave to appeal. The two questions submitted to the Law Lords are:
1. Is it lawful, within the meaning of section 6(1) of the Human Rights Act 1998, for the Court of Appeal (Criminal Division) to sit ex-parte in order to consider an application by the Crown to withhold relevant evidence on grounds of public interest immunity, where the evidence in question was not the subject of a public interest immunity application to the trial judge, and thereafter to uphold the claim to public immunity and to dismiss the appeal?
2. Does the answer to Question 1 depend upon whether the trial took place before 2nd October 2000?
The defence will now take the case to the European Court of Human Rights.