RENEGADE MI5 agent David Shayler has lost his battle in the highest court in the land for the right to use certain defences in his forthcoming Old Bailey trial on secrets charges.

The House of Lords unanimously rejected his human rights challenge.

Mr Shayler, who was born in Middlesbrough and now lives in London, is accused of disclosing state secrets in 1997 in a series of newspaper articles about alleged illegal activities and incompetence in the security services.

The trial judge, Mr Justice Moses, and the Court of App-eal both ruled that he was unable to use a "public interest" defence in his trial - nor was he able to argue a defence of "necessity", in other words that he had been compelled to reveal secret information to expose wrongdoing.

Five law lords agreed and said there was no incompatibility between the 1989 Official Secrets Act, under which Shayler faces prosecution, and Article 10 of the European Convention on Human Rights guaranteeing "freedom of expression".

Lord Bingham of Cornhill said: "Despite the high importance attached to it, the right to free expression was never regarded in domestic law as absolute."

Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough and Lord Scott of Foscote agreed and dismissed Mr Shayler's challenge.

Mr Shayler's criminal trial is due to take place later this year.