Soldier must hand over book profits

A former soldier in the SAS can publish his account of a catastrophic Gulf War patrol but must give any profits to the British Government, New Zealand's Court of Appeal ruled today.

The man, a New Zealander writing under the pseudonym Mike Coburn, has spent more than three years fighting for the right to publish his book on the Bravo Two Zero patrol behind Iraqi lines in 1991. His real identity remains secret.

The British Government, which fought the test case to prevent a flood of special forces operatives publishing their memoirs, claimed the author voluntarily signed a secrecy contract. But "Coburn" argued that he had been forced to sign.

The court upheld the British Government's appeal to the extent that it found the writer would breach the secrecy contract if he published. It ruled that the book, Soldier Five, could be published but any profits must go to the British Government. What implications this now has for actual publication-of the book remain unclear. The judge declined to grant an injunction stopping publication on the grounds of freedom of speech and because the information was already public.

The author served in the SAS from late 1990 to 1997. A High Court judge found he was ordered to sign the confidentiality contract but the Court of Appeal overturned that ruling.

The court said that because the contract was legally binding, the British Government was entitled to any profits, as allowed for in the contract.

"Coburn" claims his book will set the record straight after at least two books, a movie, and several television programmes about the ill-fated mission. Three members of the patrol died. Four, including the author, were captured, interrogated and tortured. "Coburn", shot in the ankle and arm, was chained to a bed by jail guards who beat his wounded leg with rifle butts. The prisoners were held for 48 days and released in March 1991.

Interim injunctions preventing publication of the book will stay in force for another 14 days so both sides can decide whether to take further action.