On 21 March 2002 Lord Hutton was one of four Law Lords to reject David Shayler's application to use a "public interest" defence as defined in section 1 of the Official Secrets Act 1989 at his trial.
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At the MoS he broke the story of the renegade MI5 officer David Shayler, and for the Sunday Times he covered the story of Richard Tomlinson, a MI6 whistleblower (Fielding is the author of the introduction to Tomlinson's book The Big Breach).