Andrew and Tristan Tate have lost a High Court challenge aimed at forcing the Crown Prosecution Service to disclose the names of the women who have made criminal allegations against them in the UK, with a judge ruling the claim was not arguable.
Mr Justice Chamberlain dismissed the brothers’ legal challenge on Friday, finding that the CPS’s decision to withhold the names of alleged victims until proceedings begin formally in a British court was “coherent and rational.” The ruling is a significant setback for the brothers, who had argued the CPS position was unlawful and breached their right to a fair trial.
Andrew Tate, 39, and his brother Tristan, 37, are currently living in Romania where they face separate legal proceedings. Upon the conclusion of those proceedings, they will be extradited to the UK to face a combined 21 charges, including rape, actual bodily harm and human trafficking, relating to alleged offences said to have taken place between 2012 and 2016. Both brothers have repeatedly and “unequivocally” denied any wrongdoing, with Andrew Tate describing himself and his brother as “very innocent men.”
Their lawyers argued at a hearing earlier this week that the CPS had based its refusal to disclose victim names on the “alleged vulnerability of the complainants” and on what they described as the “notoriety” of the Tates and the size of their social media following. Sallie Bennett-Jenkins KC, representing the brothers, said this amounted to treating them differently from other defendants. “The controversial opinions of the claimants are not a proper basis for denying them basic information about the criminal allegations they face,” she told the court.
Bennett-Jenkins argued that withholding the names prevented the Tates from understanding the case against them, gathering relevant evidence and providing information that might prompt further lines of inquiry or lead to charges being reviewed. She also told the court that the CPS had refused the brothers’ offer to be interviewed under caution from Romania in August last year. The brothers had offered undertakings not to disclose the names, backed by a payment of £20,000 each — an offer the CPS also rejected.
Tom Little KC, for the CPS, rejected the suggestion that the decision was improper, telling the court the prosecutor had made a “time-limited decision” not to disclose the names until proceedings commenced substantively in the UK, and that the decision was being kept under review. He argued the Tates’ fair trial rights had not been breached, telling the court: “What in reality the claimants are seeking to do is to contend that their right to a fair trial in this jurisdiction, which may not happen for many years, has been breached now. This is illogical. The only time that that can be properly assessed and determined must be at trial and by a judge in the Crown Court.”
Reading a summary of his ruling, Mr Justice Chamberlain concluded the challenge was not arguable and dismissed it. Bedfordshire Police, listed as an interested party in the proceedings, was not represented at the London hearing.
