Saudi Bribery Probe Decision Overturned |
Publication | The Independent |
Date |
2008-04-10 |
Reporter |
John Aston, Cathy Gordon, PA |
Web Link |
The Serious Fraud Office's decision to drop its investigation into alleged
bribery and corruption involving arms deals between BAE Systems and Saudi Arabia
was overturned by the High Court today.
The ruling was an extraordinary victory for anti-bribery
pressure group Corner House Research and the Campaign Against Arms Trade (CAAT).
The Serious Fraud Office (SFO) investigation arose out of BAE's #43 billion Al-Yamamah
arms deal with Saudi Arabia in 1985, which provided Tornado and Hawk jets plus
other military equipment.
In December 2006, the then attorney general, Lord Goldsmith, announced that the
investigation into the arms company was to be discontinued.
Tony Blair, prime minister at the time, said that the Saudis had privately
threatened to cut intelligence co-operation with Britain unless the inquiry was
stopped.
Today Lord Justice Moses and Mr Justice Sullivan, sitting at the High Court in
London, ruled that SFO director Robert Wardle "was
required to satisfy the court that all that could reasonably be done had been
done to resist the threat.
"He has failed to do so."
Although the court ruled the SFO decision unlawful, it made no formal
orders today and will consider what orders to make at a
further hearing.
It is understood that the most likely course will be that the SFO will have to
reconsider its decision. Documents released to the court alleged that threats
had been made by the Saudis to make it easier for terrorists to attack London by
holding back security information.
The judges heard investigators were told there could be "another 7/7" with the
loss of "British lives on British streets".
Prince Bandar, the head of the Saudi national security
council and son of the crown prince, was alleged to be behind the threats.
He has been the subject of accusations that he took more than £1 billion
in secret payments from BAE. The judge said of the director and his reaction to
the threats: "He submitted too readily because he, like the executive,
concentrated on the effects which were feared should the threat be carried out
and not on how the threat might be resisted.
"No one, whether in this country or outside, is entitled
to interfere with the course of our justice. "It is the failure of
Government and the defendant (SFO director) to bear that essential principle in
mind that justifies the intervention of this court."
The judges said they had intervened "in fulfilment of our
responsibility to protect the independence of the
director and of our criminal justice system from threat.
"On December 11 2006 the prime minister (Tony Blair) said this was the clearest
case for intervention in the public interest he had seen. We agree."
Lawyers for Corner House and CAAT had argued that the SFO decision to stop the
investigation was tainted by Government concerns about trade with Saudi Arabia
and diplomatic considerations.
They also accused the British authorities of giving in to
blackmail and breaking anti-bribery treaties. Mr Blair said the decision
was taken because of national security and was not linked to commercial
interests. But Corner House said a letter before the court revealed that Mr
Blair's "concern" was over possible harm to business
negotiations, in particular the major deal for Britain to supply Typhoon
aircraft to the Saudis.
With acknowledgements to John Aston, Cathy Gordon, PA and The Independent.