On 13 November 2003, she was charged with an offence under section 1 of the
Official Secrets Act 1989. Her case became a
cause célèbre among activists, and many people stepped forward to urge the government to drop the case. Among them, from the US, were the Reverend
Jesse Jackson,
Daniel Ellsberg (the US government official who leaked the
Pentagon Papers), and
Congressman Dennis Kucinich. The case came to court on 25 February 2004. Within half an hour, the case was dropped because the prosecution declined to offer evidence. At the time, the reasons for the
Attorney-General to drop the case were unclear. The day before the trial, the defence team had asked the government for any records of legal advice about the lawfulness of the war that it had received during the run-up to the war. A full trial might have exposed any such documents to public scrutiny, as the defence was expected to argue that trying to stop an unlawful
war of aggression outweighed her obligations under the Official Secrets Act. She was defended by
Alex Bailin KC. Speculation was rife in the media that the prosecution service had bowed to political pressure to drop the case so that any such documents would remain secret. On the day of the court hearing, Gun said, "I'm just baffled in the 21st century [that] we as human beings are still dropping bombs on each other as a means to resolve issues." The 2019 film
Official Secrets, which recounts Gun's actions in 2003, suggests that the case against her was dropped because Gun’s defence team asked for disclosure of the attorney general’s pre-invasion advice to
Tony Blair about the legality of the invasion. In September 2019,
Ken Macdonald, the former director of public prosecutions, said the case against her was dropped because a fair trial would not have been possible without the disclosure of information that would compromise national security.
Gavin Hood, the director of
Official Secrets, expressed scepticism about MacDonald’s statement and called for the declassification of the official documents referred to by MacDonald. ==Personal life==