-Caveat Lector-

from:
http://www.telegraph.co.uk:80/et?ac=003951397339181&rtmo=VD8kVDwK&atmo=rrrrrrr

q&pg=/et/00/12/7/wsas07.html
Click Here: <A
HREF="http://www.telegraph.co.uk:80/et?ac=003951397339181&rtmo=VD8kVDwK&atmo=r

rrrrrrq&pg=/et/00/12/7/wsas07.html">Ex-SAS man wins court fight over memoirs
</A>
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SSUE 2022   Thursday 7 December 2000


Ex-SAS man wins court fight over memoirs
By Paul Chapman and Michael Smith


THE New Zealand High Court has dealt a blow to British attempts to prevent
former members of the intelligence and security services from revealing top
secret information by allowing a former SAS soldier to publish his memoirs.

The court upheld the right of the New Zealander, known as Mike Coburn, to
publish Soldier Five, an account of his experiences with the ill-fated Bravo
Two Zero patrol which was captured by Iraqi forces during the 1991 Gulf war.
It merely ordered that two minor passages in the book, which contained
confidential information, be amended. Mr Coburn was awarded costs, which the
defence said were "substantial".

The Ministry of Defence said it was "disappointed" with the judgment and was
considering whether to appeal. But one Government official described the
ruling as "another crack in the armour" of the intelligence and security
services. The ruling is most damaging to the SAS since Mr Coburn had signed
the confidentiality agreement introduced after the spate of SAS books in the
early Nineties to prevent former soldiers from publishing their memoirs.

During Mr Coburn's case, the MoD lined up high-level officers who were
allowed to give evidence anonymously from behind security screens. In his
written judgment, Justice Salmon rejected their contention that Mr Coburn,
36, was under a lifelong obligation of non-disclosure.

His defence had argued that enforcing the confidentiality contract would
conflict with the requirements of the Human Rights Act which Britain has
recently adopted.

Justice Salmon ruled that the agreement was invalid, as was an order Coburn
maintained he had been given to sign it, because he was under economic
pressure which was "illegitimate and so constituted duress".

� Copyright of Telegraph Group Limited 2000.

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