Angus McCullough QC appeared as a special advocate in the case of Omar, in which the Court refused Norwich Pharmacal relief in a judgment handed down on 26 June 2012.
The claim had been brought by men detained in Uganda, who were seeking evidence from the UK Government to assist with their defence in criminal proceedings arising out of the Kampala bombings.
It was alleged that the UK Government had been involved in their unlawful arrest in Kenya and rendition to Uganda. If convicted they may face death sentences. The Divisional Court held that the Norwich Pharmacal procedure was not available to those seeking evidence for the purposes of foreign proceedings, as there was a statutory procedure that had been provided.
If correct, this reasoning would seem to have been available to provide the Government with a complete answer to the previous claims brought by Binyam Mohamed and Shaker Aamer, although it was not raised by the Defendant in either case.
The outcome of the case in Binyam Mohammed caused the Government concern, and led it to make the legislative proposals to prevent such applications that are included in the Justice & Security Bill currently being considered by Parliament.
A UK Human Rights Blog Article on this case can be read here.