'Independent' ordered to hand over secret documents

Four national newspapers will be visited today by solicitors demanding confidential documents purporting to relate to a proposed City takeover bid.

The Independent, The Times, the Financial Times, and The Guardian, with Reuters news agency, had asked for the High Court's order forcing them to deliver up the documents to be suspended, pending their appeal to the European Court of Human Rights. Earlier this week the House of Lords refused to give permission for a full hearing of the case.

If the newspapers do not comply with today's deadline they will face contempt of court proceedings which could lead to heavy fines and the possibility of jail sentences. The apparently "doctored" documents referred to a possible takeover of South African Breweries (SAB) by the Belgian brewery company Interbrew.

Interbrew's solicitors said last night they would visit the offices of The Independent and the other media organisations to take delivery of the documents. They also indicated they intended to pass any documents to the Financial Services Authority (FSA) which has also been investigating a possible market manipulation.

The case has serious implications for the right of journalists to protect their sources. Simon Kelner, Editor-in-Chief of The Independent, said yesterday: "This is a case with profound implications for the freedom of the press and the ability to pursue investigative journalism."

The media organisations affected are to ask the European Court of Human Rights to rule on the case. The Independent has argued in court that it is in a particularly strong position because it obtained a copy of the document through different means than the other defendants.