Secret trials for corruption are hurting justice, watchdog warns

The High Court in London - John Taylor

Major fraud and bribery cases are too often being tried in secret to the detriment of justice, watchdog group Corruption Watch has warned.

The group’s Veil of Secrecy report, launched today, found a “worryingly high proportion” of trials are being heard behind closed doors due to blanket reporting restrictions slapped on the media. This included the “majority” of foreign bribery cases.

So-called “Unexplained Wealth Orders” – brought in by the Government at the start of the year in part to tackle suspect Russians in London and others – were also proceeding in private, the report said.

Corruption Watch said it also found court lists were sometimes “so lacking in detail” that journalists were unaware of cases of “significant public interest”, including two major corruption trials that escaped national press attention. The Serious Fraud Office had also been prevented from publicising two major corporate convictions due to court restrictions, the report claims.

For most members of the public, including experienced journalists, the courts feel Kafkaesque and opaque

Rahul Rose, Corruption Watch

It was compiled over a year and a half using evidence from economic crime cases and interviews with dozens of lawyers, academics, journalists and public officials.

Corruption Watch recommended a series of reforms to address the problems. These included making all court lists, key documents and judgments available online and notifying the press of applications made for reporting restrictions.

Rahul Rose, the report’s author, explained: “There are countless rulings from senior members of the judiciary highlighting the vital importance of transparency and openness for the justice system. However, for most members of the public, including experienced journalists, the courts feel Kafkaesque and opaque.

“The lack of open justice in the court system is having a worrying effect on anti-corruption enforcement with many bribery trials receiving no contemporaneous coverage, and significant hearings routinely proceeding in private.” The report comes at a critical time for the Serious Fraud Office (SFO), which is under pressure to improve its success rate and speed up its investigations, with Lisa Osofsky, the former FBI lawyer, due to take the helm as director from September.

The SFO suffered a setback earlier this year when fraud charges against Barclays, the banking giant, for alleged wrongdoing on a 2008 emergency fundraising were dismissed in court, although charges against individual former directors are still being pursued. The SFO said it would consider appealing.