Rowe and Davis v UK [2000]

Case
shows ECHR aspect.
Applicants
convicted of murder.
At
trial, prosecution did not disclose certain material evidence.
In
ex parte hearing (ie without defence) Court of Appeal upheld decision not to
disclose evidence.
Applicants
argued this violated their right to fair trial under Article 6.
ECtHR
held that entitlement to disclosure of relevant evidence is not absolute right.
May
be competing interests eg of natural security which must be weighed against
rights of accused.
However,
only such restriction of rights as is strictly necessary is permissible under Article
6(1).
Conduct
of prosecution at trial did not comply with Article 6(1).
Procedure
at appeal court insufficient to remedy unfairness caused at trial.
Hence
violation of Article 6(1).