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James Malone, a former antiques
dealer from Dorking in Surrey |
1984: Euro Court condemns
phone-tapping |
Artificially bred A Surrey
businessman who accused the police of illegally tapping his phone is celebrating after a
ruling by the European Court of Human Rights.
James Malone, a former antiques dealer from Dorking in Surrey, claims
that while he was on trial for handling stolen goods in 1977, the police
intercepted his telephone
calls and his post.
In 1979, Mr Malone, who was acquitted on all charges, unsuccessfully
tried to sue the Metropolitan Police in the High Court but the court said
it had no jurisdiction in the
matter.
Following a six-year campaign, Mr Malone's case was finally referred to
the European Courts in May last year and a panel of 18 judges ruled today
that the UK government was in breach of the European Convention.
Mr Malone was delighted by the decision although he is not convinced
the practice will stop.
Any safe-guard they bring in will just be
to ensure that no-one will catch them doing it
He said: "I am very pleased but I think that all that will happen is
that the police or the government will not be caught with their trousers
down again.
"Any safe-guard they bring in will just be to ensure that no-one will
catch them doing it."
The British government has been told by the European Court to change
its 'obscure' regulations.
Ministers had argued that post and telephone interceptions were
justified in the interests of crime prevention and it was not necessary to
incorporate regulations into the law.
Up to now, police have been allowed to carry out up to 400 phone-taps
and 100 mail interceptions a year with authorisation from the home
secretary.
There are also fears that the introduction of new electronic telephone
exchanges will make the practice of phone-tapping even easier.
Campaigners have now called for new legislation which would require a
judge to authorise all phone-taps.
The Home Office confirmed tonight the regulations will be revised and
legislation will be introduced to take into account the European Court's
judgement.