AL regime sought renowned British barrister's legal advice on silencing journos: Sunday Times

One of Britain's most renowned barristers, Desmond Browne KC, advised deposed prime minister Sheikh Hasina's regime, following a damning exposé on state corruption, reports The Sunday Times.

The matter came to light after The Sunday Times found a crumpled document in Sheikh Hasina's bedroom in her ransacked former residence in Dhaka which revealed that Browne agreed to meet the officials.

In February 2021, officials at the Bangladesh High Commission in London approached Browne, a defamation specialist who has represented high-profile clients like Sir Elton John and Victoria Beckham.

He later introduced them to a solicitor who could officially instruct him and begin legal action in UK courts.

Both Browne and the solicitor provided advice to Hasina's representatives the following month.

A documentary and its fallout

The controversy began after Al Jazeera aired a documentary, "All The Prime Minister's Men", which exposed state corruption.

In the film, the brother of General Aziz Ahmed, Bangladesh's former army chief, openly admitted using police and paramilitary units to abduct rivals and make millions in bribes.

The documentary, viewed 10 million times on YouTube, earned awards and led to US President Joe Biden banning Aziz Ahmed and his brother from entering the United States. Bangladesh's government dismissed the film as "false, defamatory, and politically motivated."

The aftermath of the documentary was severe.

The brother of whistleblower Zulkarnain Saer Khan was beaten with iron bars shortly after the film's release. Some contributors fled Bangladesh, fearing for their safety.

Legal advice in the UK

According to the document, Hasina's government considered legal action against Al Jazeera and David Bergman, a British journalist who contributed to the documentary. Bergman, a known critic of Hasina's government, had already left Bangladesh after being denied a visa.

The document reveals that the officials went on to make several false claims about Bergman, whose wife, Sara, is a Bangladeshi barrister.

At one point, plans were also made to arrest Bergman, who later said he had no knowledge of the developments.

Browne, 77, a respected barrister and former chairman of the Bar Council, agreed to assist the Bangladesh High Commission during a virtual meeting on 10 February 2021. However, he informed them that a solicitor was required to formally instruct him. Browne recommended Jeremy Clarke-Williams, a reputation management lawyer from the London firm Pennington Manches Cooper, reports The Sunday Times.

On 17 February, Hasina's representatives met with Clarke-Williams. They claimed the documentary lacked substance but had caused significant damage to Hasina's reputation, creating a perception of widespread corruption. The officials explored whether the Bangladeshi government, the army, or individuals such as General Aziz could sue for defamation. They even suggested that a third party, like a retired army officer, could file the lawsuit on their behalf.

The officials also expressed willingness to sue individual journalists, including Bergman, whom they described as being behind the "politically motivated" documentary. They mentioned plans to arrest him in Bangladesh.

Legal proceedings dropped

Despite the advice, Bangladesh ultimately chose not to file a case in the UK. Instead, the government attempted to pressure YouTube and Facebook to remove the documentary. However, both platforms refused, even after the High Court in Dhaka ruled in favour of the government. The documentary remains publicly available.

Sheikh Hasina was ousted in a student-led uprising last year and fled Dhaka to India by helicopter. Protesters stormed her residence, where thousands of documents, photographs, and artifacts remain under police protection. The documents revealing Browne's and Clarke-Williams' involvement were discovered in Hasina's private quarters, covered in dust.

Responses from the lawyers

When approached for comment, Browne invoked the barrister's "cab rank" rule, which requires lawyers to accept cases regardless of the client's reputation.

He explained, "It is not open to a barrister to refuse instructions from a potential client on the basis that they regard the client as disreputable."

Browne acknowledged the preliminary meeting and advice but clarified that no correspondence or litigation followed. Clarke-Williams did not respond to requests for comment.

This case highlights ongoing concerns about "libel tourism," where foreign entities use UK courts to suppress criticism. Despite legislative efforts, the UK remains a favored jurisdiction for such cases due to its claimant-friendly legal system.