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Wednesday, April 01, 2015 

An "unprecedented intervention", and the Incedal denouement.

There are some things we are destined never to understand.  Caitlin Moran's popularity.  How Grant Shapps' resemblance to Edd the Duck isn't remarked upon more often.  Why it is so many people can dish it out but not take it when they eventually face a backlash.  And, integral to this post, that ever present election campaign set piece, the letter from business leaders to a newspaper.

When said letter happens to appear on April the 1st, you also can't help but wonder if the joke isn't on all of us.  Quite what effect an endorsement from a bunch of people the vast majority will have never heard of and never will again is supposed to have is a mystery all of its own.  Presumably the aim, at least this time, is to underline further just how wonderful the coalition's long-term plan has been and will remain, and if you don't believe us then that bloke off that TV programme says so, as does that woman off that other TV programme who is, err, also a Tory peer.

This seems to rather overlook how most people are cynical sods, who will note all 103 wealth creating heroes are not doing a lot more than agreeing they would like to pay less tax and draw their own conclusions.  As it's corporation tax they want to pay less of, the tax plenty of companies try their best not to anyway and which in turn means the shortfall has to be made up elsewhere, mainly through more people going into the higher rate income tax band, it doesn't instantly follow they'll conclude Labour are lunatics for saying they'll put it up a whole penny to support smaller businesses.

Nor has it ever been clear what the businesses themselves get out of their CEOs making such endorsements.  The letter is after all effectively a list of companies those so inclined can from now on avoid if they so wish, which is why most likely why they're attempting to have their cake and eat it, signing the letter in a personal capacity.  Thankfully the Graun has stepped in with some further details on said bosses, and so we learn alongside the Tory donors and usual suspects is one Mark Esiri, good pal of the Camerons and the person who helped coordinate the sale of Smythson, netting Glam Sam Cam a cool £430,000.  Also on the list are such non-fat cats as head of Prudential Tidjane Thiam, who earned a mere £11.4m last year, up from £5.3m in 2010, so clearly another victim of the cost of living crisis.

George Osborne is then surely right to declare the letter an "unprecedented" intervention.  Still, it's odd as Nils Pratley notes that previous Tory letter signers are notable by their absence, including such an obvious name as Lord Wolfson, a Tory peer no less.  Also curious, beyond the stupidity of releasing the letter to the Torygraph on April Fools' Day, is why they've done it this early in the campaign at all: surely it would have served the party better nearer polling day itself, as let's face it, the majority are still barely paying attention even as the nerds among us are fed up to the back teeth of the same old soundbites.  It couldn't be that failure to achieve "crossover", the point at which the Conservative lead consolidates and which Lynton Crosby said would have arrived by now, combined with a solid start by Labour on the campaign front has spooked them, could it?

Something that should spook us all is the denouement to the Erol Incedal trial.  Mr Justice Nicol has ruled the public cannot be allowed to know why it was the jury decided Incedal, despite the apparently highly incriminating evidence against him, was not in fact plotting a terrorist attack.  His defence, that he had a "reasonable excuse" as to why both he and his co-defendant had a manual containing instructions on how to make "viable" explosive device cannot be reported, and yet it was this defence that put enough doubt in the mind of two successive juries, resulting first in a retrial and then in acquittal.  For possession of the manual Incedal was sentenced to 42 months in prison, a term that seems far beyond that ordinarily passed for possession of similar documents, again without any wider explanation.

The whole situation frankly defies description.  You want to call it Kafkaesque, except the point of The Trial is K never knows what he's been arrested and charged with, whereas with Incedal we aren't allowed to know what his defence was.  Moreover, the state attempted to have the entire trial held in secret, which not even the bureaucracies of Kafka's nightmares did.  Then there's the paradoxes at work, whereby the CPS continues to claim the trial could not have been brought if more details were made public, and yet as Incedal has now been cleared the opinion of the jury was the case had never been strong enough anyway.

Mr Justice Nicol's reasoning for why the in camera sessions attended by the accredited journalists must remain secret are also, naturally, far too sensitive to be made public.  His ruling additionally makes said hacks effectively complicit in secret justice, or rather injustice, raising the question of whether if a situation like this occurs again they would go along with it a second time.  Why on earth would anyone?  Their notebooks locked away, crosswords also confiscated lest they be an attempt to smuggle out a record of what was heard, they've just wasted weeks of their time.  Indeed, it makes you wonder if that was the point, until you remember that cock up is nearly always a better explanation than conspiracy.

Precisely how national security could possibly be so drastically affected by the public knowing Incedal's defence you can't even begin to surmise.  It seems of a piece with the literal sledgehammer response to the Guardian's reporting of the Edward Snowden leaks, when the most ridiculous excuses were come up with as to why the copies of the files in London had to be destroyed.  It was utterly pointless in the sense of preventing the reporting from continuing, but it was very much pointed in the message it was sending.  Anything that might prove embarrassing to the intelligence agencies has to stepped upon, and if that means denying an innocent man the right to truly clear his name, as Incedal most certainly has been, the ends justify the means.  That the state on this occasion has so involved the fourth estate in its machinations could yet prove its downfall.

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