London, July 30: Renegade former MI5 officer David Shayler, jailed for breaching the Official Secrets Act, has failed in a court attempt to clear his name.
In a ruling on Tuesday, three court of appeal judges here refused him permission to appeal against his conviction.
His lawyers argued his Old Bailey trial in 2002 had been unfair because of the unprecedented restrictions imposed on him by the trial judge at the behest of the prosecution. But the court held that the restrictions imposed by trial judge Justice Moses, relating to secrecy of documents and cross-examination of crown witnesses, only went as far as in the circumstances they had to go.
In November 2002 Shayler, of Middlesbrough, was jailed for six months for revealing intelligence service information to a newspaper. He had insisted he was not a traitor, had not endangered the lives of intelligence agents and had been motivated by a desire to expose abuses of power by the intelligence services.
After serving seven weeks, the 37-year-old was released under licence.

In an attempt to clear his name, Shayler’s lawyers had told the court of appeal his trial had been conducted in breach of his right to a fair hearing under common law and under the European Convention on Human Rights.

Geoffrey Robertson QC said Shayler had suffered discrimination after having chosen to defend himself at the trial rather than be represented by counsel. Trial judge Justice Moses had required him to disclose in advance the questions he had planned to ask prosecution witnesses in cross-examination, Mr Robertson added.

Mr Shayler was not in court to hear the ruling.