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29 April 2011 / Roger Smith
Issue: 7463 / Categories: Opinion , Legal aid focus , Human rights
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Trials & tribulations

Roger Smith reflects on detainees, masterly performances & Daily Mail fulmination

America’s star 9/11 detainee will, after all, be tried by a military commission. The Obama administration’s original plan to use civilian courts has been defeated. Attorney General Eric Hodder’s final capitulation was forced by Congress restrictions on the use of military funds to bring Khalid Sheikh Mohammed (KSM) from Guantanamo to the US.

The trial of KSM, wherever held, poses difficulties. On the one hand, he has confessed to involvement in just about every major terrorist event involving Al Qaeda since the mid-1990s. This included the boast that “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl” and that he was responsible for 31 specific operations led by the “9/11 operation from A to Z”. The problem is, the US owns up to treatment everyone else would call torture since his arrest in 2003: its agents waterboarded him no less than 183 times.

KSM indicated three years ago that he would plead guilty. He may, indeed,

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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