BAE Systems/ Saudi Arms Inquiry Ending Lawful: Lords

The Al-Yamamah deal involved the provision of BAE Hawk jet trainersThe House of Lords ruled on July 30th on the issue of the Serious Fraud Office’s decision to terminate an inquiry into an arms deal involving BAE Systems and Saudi Arabia, saying that it was a lawful one.

The office pulled the plug on its investigation when fears emerged that, if it continued, national security could be endangered.

While, earlier this year, the High Court ruled that the SFO’s actions were unlawful, the Lords have redirected that verdict via a vote won 5-0.

Among the Lords involved was Baroness Hale, who spoke of her wish to have seen the High Court’s verdict on the unlawful actions of the office’s director Robert Wardle maintained, highlighting how, in her opinion, it was "extremely distasteful that an independent public official should feel himself obliged to give way to threats of any sort.”

However, the Baroness added, "I agree that the decision [made by the director] was lawful."

Also participating was Lord Bingham, who referred to the “threat” that presented itself to Mr Wardle as “ugly and obviously unwelcome.”

The real issue, though, was not to do with the plusses/ negatives of his decision, but whether he was acting within the law when implementing it.

According to the House of Lords, he was.

In other comments, Justice, a campaign organisation, described the new ruling as “disappointingly narrow.”

"It is a sad day for the rule of law when a senior prosecutor bows to threats from a foreign government and our most senior judges will do nothing to stop it", the group’s Eric Metcalfe commented.

Al-Yamamah Deal

BAE Systems and Saudi Arabia inked the “Al Yamamah” deal 23 years ago. Among its features were the provision of Tornado combat jets and Hawk training aircraft, together with other arms.

It was claimed that BAE had channeled illegal payments through to Saudi Arabian officials – allegations consistently denied by the defence firm.

At the end of 2006, Lord Goldsmith, former-Attorney General, said that the inquiry launched by the SFO into the situation would cease to be.

Source – Armed Forces International’s Political Correspondent

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