Islam convert control order quashed

MI5 argued they had a "reasonable suspicion" that Cerie Bullivant planned to travel to Iraq or Afghanistan to engage in jihad, or holy war, against Western forces.

Lawyers for Mr Bullivant, 25, from Dagenham, Essex, argued the accusations that he was a terror risk were "baseless", and that he was the victim of an abuse of power.

Mr Justice Collins, sitting at London's High Court, quashed the order after ruling: "There is no reasonable suspicion."

The order, made under controversial anti-terror legislation last year, replaced one made in June 2006 and imposed a wide range of restrictions on Mr Bullivant's freedom with the aim of protecting the public.

The judge said that, on the material now available, he would not have upheld either order, looking objectively at all the evidence. But he was satisfied that the Home Secretary had reasonable grounds for imposing the original order when it was made in 2006.

The judge was told that Jacqui Smith was not going to appeal against his ruling, and Mr Bullivant's solicitor, Henry Miller, said he was now "absolutely a free man".

Bullivant said the "draconian" order had brought on mental illness and sent him to "the depths of despair".

Tony McNulty, Minister for Security, Counter-terrorism, Crime and Policing, expressed "disappointment" with the ruling, particularly as the judge had recognised the decision to make an order in the first place was "justified" on the material available at the time.

He added: "The ruling will not affect any other control orders, all of which remain in force. For those we cannot prosecute or deport, control orders are the best available option for managing the risk to the public posed by suspected terrorists."