There is an understanding between the law and the country which it serves. Since the law of the land must maintain an implicit social contract with those who obey it, rationality and liberty must be its watchwords. Otherwise, the law will be attacked for arbitrary decisions that undermine these values. Who would undertake such a predictable attack when two individuals deemed to be a danger to national security are set free. Step forward, Home Secretary, John Reid.
Two Libyan suspects were due to be deported to Libya under a Memorandum of Understanding with the Gaddafi regime. After they challenged the deportation orders in court, the Libyans won their case on the grounds that arab dictators have a nasty habit of torturing those identified as enemies. The case was won correctly since deportation with the potential for torture is immoral. However, we come to the more difficult, some may say lunatic, decision.
The Special Immigration Appeals Commission (Siac) allowed the appeals by DD and another man, AS, granting them bail in principle under strict conditions, including a daily 12-hour curfew.
The Home Office opposed bail on the grounds they would abscond if let out of Long Lartin maximum security prison, where they have been under immigration detention.
However, Siac Judge Mr Justice Mitting said keeping them in detention after they had won their appeal would be on the "cusp of legality".
If these two defendants are a danger to national security as the government has alleged, the "cusp of legality" would prudently determine that they should stay under lock and key until the appeal is heard or they have been charged, tried and found guilty. The whole episode demonstrates that there is a gap between investigation and prosecution, which the government tried to bridge through control orders, house arrest and deportation to torture. The Home Office is confident that they are guilty of something, but are unwilling to submit their evidence to the burden of proof required by a trial.
Hence, the current mess in counter-terrorist operations, exacerbated by suspicious judges and politically exploitive Ministers, will continue to release suspects who have connections or who have taken part in terrorist and extremist activities. A proper court system will demand rigorous evidence rather than innuendo, hearsay and references to a map of a Birmingham flightpath, leaked to reinforce notions of guilt.