Double Jeopardy - UK Law and Politics Spies, Royals and Elon Musk
Jan 8, 2025
Hosts Ken Macdonald KC and Tim Owen KC dive into the intriguing world of espionage, discussing a recent Chinese spy case involving Prince Andrew and its implications for national security law. They also explore the controversial trial of GCHQ analyst Katherine Gun, shedding light on whistleblowing and the security services' role. The conversation takes a turn to Elon Musk's eccentric involvement in UK politics, prompting a look at the growing influence of private individuals in governance and the challenges it presents.
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SIAC's Origins and Purpose
- SIAC was created in 1997 to provide a formal judicial review process for national security deportation cases.
- This followed a European Court of Human Rights ruling that the UK's prior system wasn't compliant with the European Convention on Human Rights.
SIAC Composition
- SIAC panels include a High Court judge, an Upper Tribunal member, and a lay person, often with intelligence experience.
- This lay member's expertise is considered a valuable asset in cases involving national security issues.
Zatuliveter Case
- Tim Owen defended Ekaterina Zatuliveter, accused of being a Russian spy, over 13 years ago.
- The Special Immigration Appeals Commission (SIAC) ultimately acquitted her, finding the MI5 investigation flawed.