Defendant pays for private prison in fight for freedom

A court allowed a defendant to pay around 30,000 for a private prison on deciding that his right to a fair trial was jeopardised by a lack of facilities in jail, it emerged this week.

Conditions were making it 'almost impossible' for him to prepare for trial.The court agreed to the arrangements suggested by the defendants' solicitors - which involved renting a safe house and paying for round-the-clock security - after the millionaire defendant was initially denied bail on the grounds that his wealth could help him abscond.The defendant had been held in Belmarsh prison pending trial at the Old Bailey.

Clive Lambert, the partner at London firm Whitelock & Storr representing him, said conditions at Belmarsh made it difficult to arrange legal visits of 'relatively short duration'.

The defendant had also been criticised for keeping large numbers of documents in his cell.There would also have been problems during the trial.

Prison transport to and from Belmarsh would have precluded case conferences and the defendant would have been unable to bring papers to court.The defendant has since been found guilty and returned to prison pending an appeal.The High Court took the view that a defendant's right to a fair trial under Human Rights Act 1998 included proper arrangements for preparing the case.

It granted bail on condition that the defendant had two guards at all times - which was increased to three guards by the judge during the trial - and that all communications were supervised.Mr Lambert said the quality of the security personnel, many being ex-police officers, was tested through checks on their personal service histories.

Directors of the security company, Zetech, also appeared in court and provided assurances, he said.

Although the defendant was able to meet the costs, the same effect could perhaps be achieved through electronic tagging, he added.Malcolm Fowler, chairman of the Law Society's criminal law committee, said society was now reaping the results of its 'cavalier' approach to the way prisoners are treated.Sue Allen