Uncaged Campaigns              

Diaries of Despair News . . . . Legal aid awarded

Following a year-long battle, Uncaged Campaigns' director Dan Lyons           

Has  finally been awarded legal aid in the battle to defend against 

Imutran and  Novartis Pharma's claims for damages and costs over breach of

confidentiality and copyright following the publication of the 

Diaries of  Despair report and leaked documents on 21 September 2000. In 

defending the case, the Defendants are also aiming to overturn the injunction 

currently banning the publication of the leaked information.

The turning point in the arduous application happened when the Legal

Services Commission (LSC - the Government department which 

Administers legal aid) finally accepted the legal merits of the Defence case. 

Those merits turned on whether limited disclosure to the regulators, such as Home

Office, but not to the public, was sufficient.

Our argument for unfettered publication and freedom of expression is 

based on our contention that the Imutran documents raise serious questions 

about the conduct of the regulatory system itself: the Government has

deliberately failed to implement the law and regulations as Parliament and the 

public intended because of its collusive relationship with animal research 

companies such as Imutran/Novartis and Huntingdon Life Sciences, and

callous attitude towards animals and their welfare.

Having accepted the merits of our case, the LSC placed our 

application before its Public Interest Advisory Panel. The Panel examined the 

case in order to decide whether the case has a 'significant wider public

interest' - a further hurdle to negotiate before the awarding of legal aid. 

Following their meeting, the Panel informed us:

"The Panel considered that this case raised important questions as to 

the public's right to information concerning medical research. The case 

was significant firstly for the legal issue as to the application of 

Article 10 of the Convention [i.e. the European Convention on Human Rights], the

right to freedom of expression. Further the case raised more general issues 

as to public accountability in research activity. The Panel was therefore satisfied

that the significance of the case extended beyond the particular

field of animal experimentation, although that area was of course

recognized as one of high public concern.

The Panel was therefore satisfied that this case has a significant 

wider public interest. Among cases which have a significant wider public

interest, the current practice of the Panel is to assess the public interest in 

one of three categories, namely, 'exceptional', 'high' or simply in the 

category of 'significant' wider public interest. In the circumstances referred to

above the Panel gave this case a rating of 'High'... The decision of the 

Panel was unanimous."

[Note: we are informed that the vast majority of cases receive merely 

a 'significant' rating, while 'exceptional' is unheard of.]

The Panel decision is a massive endorsement of the importance and the

merits of our case. 

Dan Lyons comments:

"The publication of the Imutran documents has the potential to cause

seismic changes in the debate about animal experiments and obviously that has

enormous significance for the ultimate question of the scale of 

animal experimentation and whether it takes place at all. For the first 

time, the public, the media and politicians will be aware of the true horror of

animal experimentation, and the inaccurate claims made by companies such as

Imutran for the potential human benefits of such extreme cruelty. These

Experiments only receive Government licenses because this truth is concealed from

democratic scrutiny. This is why the legal battle we are fighting, 

and our political battle for an independent judicial inquiry into the 

Government's appalling misconduct, are of such historic importance."

Uncaged on Radio 4

Uncaged Campaigns' director Dan Lyons appeared on Radio 4's 'You 

& Yours' programme (Thursday 11 July) to put the case against

xenotransplantation. The programme was broadcast between 12.00 and 

13.00 hrs.

100 MPs sign EDM 516 - "Imutran Ltd"

Over a hundred MPs from all parties have now signed Early Day Motion 

516, entitled "Imutran Ltd", which calls for an independent judicial 

inquiry into the Diaries of Despair scandal.

Dan Lyons observes:

"The scale of support for this EDM is a testament to the increasing,

widespread concern about the Government's biased position on animal

experiments, specifically its lack of concern for animals and their

welfare and its close relationship with the companies it falsely claims it

'strictly' regulates. It's also a tribute to the actions of our dedicated

supporters who have lobbied their MPs to sign."

The weight of support for the EDM increases the political pressure on 

the Government. The EDM will lapse later this month when the 

Parliamentary summer recess begins, and we will then have the motion re-tabled in

autumn, and continue our efforts to build political support in our quest for justice.

_____________________________________________________

Diaries of Despair - the secret history of pig-to-primate organ 

transplant experiments.

Take action . . .

Rally and march to the Home Office in protest at the horrific 

slaughter of thousands of pigs and primates in Imutran's research at HLS.

This campaign, including our legal battle, is the most significant

opportunity to expose the true horror and futility of vivisection - 

and the Government/corporate collusion, dishonesty and corruption that 

sustains it.

www.xenodiaries.org

Saturday 21st September 2002

Assemble 12 noon, Temple Place, Embankment, London.

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