| Dear
Stephen So you finally have me where you want me - locked up, virtually
silenced and denied the rights normally granted to prisoners in the French penal system -
visitors and a word processor.
But what purpose does this serve anybody? I don't relish the
prospect of serving up to a 2 year sentence, especially not for telling the truth and
speaking out in the public interest. And the Attorney General can stop the proceedings
against me now if he decides they do not serve that public interest.
I understand that you fear that might send out the wrong
message to other intelligence officers and open the floodgates to a series of
whistleblowers. That stance reveals a number of interesting points. First, it shows
that you are very worried about demoralised officers in MI5 and the problems they might
reveal that lie at the heart of the service. Second, it reveals a certain
perversity. Anthony Blunt, a KGB agent who betrayed his country, was granted immunity from
prosecution. In other words, a whistleblower has to be prosecuted when a spy and traitor
is not. What sort of message does that send out to the average MI5 officer?
But it doesn't have to be like this. You and the government
could take this opportunity to reform the Officials Secrets Act (OSA), which is looking
increasingly outdated and regressive in a modern democracy. Of course you have to be able
to investigate threats to the state in total secrecy. But, if you think that the OSA
represents the correct balance between that fundamental requirement and the freedom to
criticise and hold to account a deparment of State, you display how little respect you
have for civil liberties.
I'm sure the many people I worked with in the intelligence
community, whose respect I gained, will feel very uneasy about the prospect of a former
officer and friend being imprisoned for speaking out in the way they themselves would like
to.
Rather than be encouraged to give away secrets, in the event
of me not being prosecuted, they would more likely be grateful for a change in legislation
which would allow them to hold their bosses to account - without their concerns that their
careers would be ruined.
I suggest therefore that the OSA is modified to allow
potential whistleblowers to take their concerns to an independent body which would examine
them and then report publicly on their concerns, wherever possible. We also need to define
which types of information - which when revealed - would constitute a real threat to
national security.
The full weight of the law could then come down on officers
who disclosed information without regard for either of these provisions. This is not
radical stuff. It is the policy adopted by Western nations with regard to their
intelligence operatives. Given the nature of the global media and the Internet, it is also
imperative that you can take steps against those who genuinely threaten national security
by making unauthorised disclosures.
I am awaiting a judgement on extradition but it is by no
means clear that I will be extradited because the OSA would be illegal in any country
whose constitution guaranteed freedom of expression. And for an extradition application to
be successful, the extraditable offence has to exist in both the countries involved in the
process. An OSA reformed along the lines I have outlined above would circumvent this
problem.
As I sit here in my prison cell, I can't help feeling that my
only mistake was being too open with you. After two government bodies refused to take my
evidence, including the details of the Gadaffi plot, I told you I intended to put my
disclosures on the Internet. I didn't want to do this but I couldn't see how else I could
encourage you to take that evidence.
On the subject of the Gadaffi plot, it is imperative that you
take the evidence of the other two MI5 officers who were briefed about it as soon as
possible. You know who they are. You should then submit their evidence to government
ministers. Any other action would smack of a cover-up and an attempt to pervert the course
of justice.
In the spirit of openness, you might also like to inform the
media when the above two steps have been completed. There are absolutely no good reasons
for not making this public. The government will then have to conduct an independent
enquiry which, I'm sure, will vindicate me.
This will, of course, make it more difficult to persaude a
jury to convict me, even though I have no technical defence under the OSA.
To delay an enquiry until after any trial in order to make it
easier to secure my conviction has to be the most dubious argument for prevaricating over
my disclosures on the Gadaffi plot. It is secrecy for political convenience, an
intolerable abuse of power.
But what if I am eventually convicted? You cannot put me
behind bars forever. One day I'll be free again and what are you going to do then? Given
my treatment, many might then resort to the simple tactics that could really cause you
serious problems. I am not in that game and never have been.
But what will you do, once I am free again? Spend a fortune
on sending Special Branch officers across the world to keep tabs on me, as has happened
with Richard Tomlinson, the ex-MI6 man?
Surely, you have better things to do with the shrinking
intelligence budget, like protecting those who provide that money - the taxpayer - from
terrorist atrocities.
My prosecution and persecution serve nobody's interests,
least of all yours. You would be better off using this situation as an opportunity to
demonstrate to the public that you can be reasonable, responsible and capable of good
judgement.
So stop your prosecution of me and reform the Official
Secrets Act.
Regards
Prisoner 269151F |