In a ground-breaking judgment handed down this morning, the Crown Court has given Spotlight on Corruption the go-ahead to publish the transcripts and 800 documents from the trial of two British executives who were acquitted of corruption charges earlier this year.
The documents comprise the trial ‘bundle’ presented to the jury in the long-running trial of Jeffrey Cook and John Mason. Although the Airbus subsidiary they worked for pleaded guilty in 2021 to making corrupt payments to high-level Saudi officials, the two British businessmen had argued that the payments at the heart of the case presented by the Serious Fraud Office (SFO) were made with the full knowledge and authorisation of the Ministry of Defence (MOD). Mr Cook was convicted of misconduct in public office relating to when he was employed by the MOD.
The SFO, which opposed publication, had argued that Spotlight would need to show that publishing the documents was necessary and desirable. However, in the judgment, Mr Justice Picken concluded decisively that Spotlight does not need to satisfy this requirement for two reasons:
- Firstly, because Spotlight is free to publish what was said in open court (unless restrictions apply), the NGO should not have to persuade the Court that publishing transcripts is necessary, particularly given that these provide an accurate record of what was said.
- Secondly, the decision of what it is necessary to publish from a criminal trial is a question of editorial discretion. He noted that the Court imposing its own editorial judgment over what may be published “would run entirely counter to the open justice principle.”
Significantly, having decided that the Court’s permission to publish is not required, Picken J went on to find that even if Spotlight had had to show that it was necessary and desirable to publish the documents, this test would have been met. As Picken J put it, “given the unique public interest of this prosecution, the complexity and length of the material, the presentation of all of the transcripts to the public – and the jury bundle – will enable the public better to understand and assess these proceedings.”
Dr Susan Hawley, Executive Director of Spotlight on Corruption, said:
“This is a huge win for the principle of open justice. With court reporting on the decline or hidden behind paywalls, it is critical that the public can understand what is going on in our courtrooms. It is particularly crucial in cases such as this which highlight real questions about potential government complicity or cover-up. We hope that the publication of these documents will allow greater accountability for the government’s role in this case which, despite the SFO’s prosecution, has so far faced so little further scrutiny by appropriate oversight bodies.”
The anti-corruption charity intends to publish the documents online in due course.
Background
- During the trial of Cook and Mason, Spotlight successfully applied with journalists at the Guardian for the transcripts and a bundle of 800 documents that was provided to the jury.
- After the trial concluded, Spotlight wrote to the Court requesting permission to publish that material in order to advance the principle of open justice. Spotlight argued that this would increase public scrutiny of decision-making in the criminal justice system, provide a more complete picture of what the SFO’s investigation revealed, and inform public understanding and scrutiny of the MOD and government’s role, both in the historic corruption and the more recent allegations of corrupt activity.
- The Serious Fraud Office opposed that request and Mr Justice Picken considered the matter at a hearing on 10 December 2024, where Spotlight was represented by Jude Bunting KC.
- Spotlight covered the Cook and Mason trials and related corporate prosecution of GPT Special Project Management Ltd in depth, including a background briefing, a detailed description of the case and our recommendations following its conclusion.
