MI5 apologises unreservedly to High Court for ‘failings and errors'
In 2022, then-Attorney General Suella Braverman went to the court in London to stop the BBC airing a programme that would name him.
An injunction was made to prevent the corporation disclosing information likely to identify the man, referred to only as 'X', though Mr Justice Chamberlain said the BBC could still air the programme and the key issues without identifying him.
At a hearing in February, the court heard that part of the written evidence provided by MI5 was false.
On Tuesday, Sir James Eadie KC, representing the Attorney General, made an 'unreserved apology and contrition on behalf of MI5' for the incorrect evidence that was provided.
He added: 'I am not here to seek to excuse or diminish the seriousness of that position.
'Everyone from the Director General onwards acknowledges the seriousness of what has occurred.'
The written witness statement said the Security Service had maintained its policy of neither confirming nor denying (NCND) the identities of intelligence sources.
However, the BBC said MI5 disclosed X's status to one of its reporters, but then said it had kept to the NCND policy.
Sir James said there had been internal investigations since, and the 'first and most obvious conclusion' led to the 'unequivocal apology'.
He added that there had been failings that have been 'properly identified' by the investigations.
Sir James also said that criticism had been made that records of conversations with the press, about this subject matter, had not been created and maintained 'despite the obvious, clear and serious importance of doing so'.
He added that the creation of contemporaneous documents was the 'best guard' against errors being made and that lessons had been learned.
Sir James said the court can be 'properly satisfied' a full investigation had taken place, and it had concluded that the 'errors had not been deliberate' and that 'there had been no deliberate misleading or lying'.
He also said there had been proper accountability for the errors, including in public, 'to the maximum extent possible'.
Jude Bunting KC, for the BBC, told the court on Tuesday that the person – person B – who gave the false evidence did 'deliberately and repeatedly lie'.
He continued that the evidence also suggests that there was a 'widespread' understanding within MI5 that this person had departed from NCND.
Mr Bunting added that person B had departed from NCND in a way which was 'detailed and surprising, and that he had only been authorised to stray from the policy when talking to a 'trusted MI5 source'.
The hearing before the Lady Chief Justice, Baroness Carr, Dame Victoria Sharp and Mr Justice Chamberlain, who will decide what action should be taken against MI5, is due to conclude on Tuesday.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
South Wales Guardian
12 minutes ago
- South Wales Guardian
Gerry Adams to donate 100,000 euros to Irish language and Palestinian charities
Mr Adams took the BBC to court over a 2016 episode of its Spotlight programme, and an accompanying online story, which he said defamed him by alleging he sanctioned the killing of former Sinn Fein official Denis Donaldson, for which he denies any involvement. Last Friday a jury at the High Court in Dublin found in his favour and awarded him 100,000 euros (£84,000) after determining that was the meaning of words included in the programme and article. The BBC will also have to pay Mr Adams's legal costs. During an eight-minute video posted on the official Sinn Fein YouTube channel, Mr Adams accused the BBC of showing 'arrogance' when it did not resolve the dispute after he issued legal letters nine years ago. In Putting Manners On The BBC – The Gerry Adams Blog, Mr Adams said that the BBC has been held accountable for the content it broadcasts. Mr Adams said: 'As for the money that the jury awarded me in damages, I will donate this to good causes. 'These will include the children of Gaza, groups in Ireland involved in helping the homeless, Cumann Carad, the Irish language sector and other projects like this in west Belfast.' He added: 'When the case began six weeks ago, the BBC's legal strategy was evident very quickly. Their narrative was that pursued by successive British and Irish governments for years. 'They blamed everything during the conflict on Irish Republicans and by extension, during this trial, on me. 'The BBC lawyers embarked on a Jesuitical presentation of the case that tried to convince the jurors that the words broadcast and published by the British Broadcasting Corporation, that I had sanctioned the murder of Denis Donaldson, did not, in fact, mean that I sanctioned the murder of Denis Donaldson. 'They were, they said, that's the British Broadcasting Corporation, not defending the truth of the accusation. 'Instead they were defending, they claimed, their journalism, which they said was fair and reasonable, in the public interest and made in good faith. 'They concluded their case by trying to exert moral pressure on the jurors by claiming that a defeat for the British Broadcasting Corporation would be a blow to freedom of speech and a setback to victims. 'In the end the jury didn't buy in to any of this. 'On all the key issues the jurors unanimously accepted that the script used by the Spotlight programme did mean that I had sanctioned and approved the murder of Denis Donaldson.' He said that after the BBC's decision to air the Spotlight programme, he decided to sue the broadcaster. Mr Adams said the BBC could have resolved the dispute there and then. 'They chose not to. Why? That's a question to be asked. Why did they not resolve this issue when they could have? 'Was it arrogance? Yes, that's part of it. But I also suspect political interference. 'In January, the British Prime Minister Keir Starmer responded to a decision in the High Court in Belfast, which included that I and, by implication, up to 400 other former internees, were wrongfully detained and that we were entitled to compensation. 'Mr Starmer told the British Parliament that he would look at every conceivable way to block compensation being paid.' Mr Adams also urged the Minister for Justice Jim O'Callaghan to met Denis Donaldson's family. He signed off by saying 'slan agus tog go bog e', which means goodbye and take it easy. Earlier this week the BBC was granted time to consider appealing against the jury's decision. The broadcaster was granted a stay on paying the full costs and damages to allow it time to consider whether to lodge an appeal. The stay was subject to paying half the damages (50,000 euros or £42,000) and 250,000 euros (£210,000) towards solicitors' fees.
South Wales Guardian
13 minutes ago
- South Wales Guardian
Wagner Group UK proxy instructed to use Cold War drama as a ‘manual'
Dylan Earl, 20, has admitted orchestrating an arson attack on an east London warehouse, and plotting to burn down Mayfair businesses and kidnap their Russian dissident owner last year. On Thursday, jurors at the Old Bailey saw chat between Earl, of Elmesthorpe, Leicestershire, and a Wagner Group contact identified by the handle Privet Bot on Telegram. The day before the arson attack, Privet Bot instructed Earl to watch the television series The Americans, about KGB agents undercover in the US, 'in order to understand work'. Privet Bot went on: 'The idea is like that. You need to organise partisan cells in the country and in Europe and think of a name for your movement. We'll give you support… 'Watch this series. It will be your manual. You'll have a source of funding through organising arsons.' The court has heard how Earl allegedly roped in Jake Reeves, 23, from Croydon, south London, to help recruit people to carry out the arson attack on the warehouse. Earl also revealed his plans to Ashton Evans 20, from Newport, Gwent, on Signal, Snapchat and mobile phone messages, it is alleged. They had initially communicated about drug dealing, with Earl adopting the name of a notorious Russian 'hitman', the court was told. Evans was allegedly aware that Earl had orchestrated the warehouse arson attack. Three days after the fire, which caused £1 million of damage, Evans asked: 'Did you light it up?' the court was told. They went on to discuss the plot to burn down Hide restaurant and Hedonism wine shop in Mayfair, snatch the owner and hand him over to Russia. Earl warned there would be a 'good amount of heat after this' and it would be 'on every news channel and radio in our country'. Evans allegedly replied: 'Yes, I can sort if there is a way we can do so without people getting hurt cause that's when the police will take very very serious – like t***or (terror) level serious.' Stressing the need for security, Earl told him: 'It will be a huge thing and every single spy agency trying to find who did it so careful ok.' Evans agreed that it would 'bring a lot of attention MI5 etc', the court heard. On April 1 2024, Earl asked Evans to delete their chats and asked if he could make connections with the IRA or the Irish Kinahan crime family. Earl suggested he wanted to 'build a link' between the Kinahans and Russia, saying: 'We have direct connection to the Kremlin, we can do suin (something) big.' After his arrest, Evans claimed he did not take the chat seriously, having jokingly told Earl: 'And this is all in mine craft, right?' He also claimed in a police interview that he was just stringing Earl along to get a refund for £300 of fake cocaine he had bought, the court was told. Earl and Reeves have pleaded guilty to aggravated arson of the east London warehouse and an offence under the National Security Act. The court was told that Reeves had revealed details of their plans to another contact, Dmirjus Paulauskas, having described Earl as 'Russian mafia'. On the kidnap plot, Reeves allegedly told Paulauskas that the idea was to 'get him sent back to Russia for imprisonment'. Paulauskas, 23, from Croydon, allegedly responded to Wagner Group activity on UK soil with glee, saying: 'I'm so f****** gassed cos that means the west has already have already u r allowed to call urself Russian now (sic).' The defendant, who was later to claim that he took none of it seriously, allegedly responded to the warehouse attack by saying: 'Holy f*** so Wagner literally has UK gangs doing their work..' Shortly before their arrests, the men pondered why Earl – 'the Russian guy' – had not been on Snapchat for five days. Paulaskas suggested he was busy in his job 'sabotaging UK'. Prosecutor Duncan Penny KC told jurors that by then Earl had been in custody for nine days. He said: 'The position is clear: Reeves told Mr Paulauskas about the plan to kidnap the target, who had sent money to Ukraine and who was to be sent back to Russia, and about the fact that the attack on the east London warehouse.' Mr Penny added that the realisation there was foreign interference by the Wagner group on British soil through the use of 'UK criminals as proxies', seemed to have been a matter of 'quite some pleasure' to Paulauskas. Evans and Paulauskas have each denied two charges of failing to disclose information about terrorist acts, which they deny. Jakeem Rose, 23, from Croydon, Ugnius Asmena, 20, of no fixed address, Nii Mensah, 23, of Thornton Heath, south London, and Paul English, 61, of Roehampton, south-west London, have denied aggravated arson relating to the warehouse fire. The Old Bailey trial continues.
North Wales Chronicle
27 minutes ago
- North Wales Chronicle
Wagner Group UK proxy instructed to use Cold War drama as a ‘manual'
Dylan Earl, 20, has admitted orchestrating an arson attack on an east London warehouse, and plotting to burn down Mayfair businesses and kidnap their Russian dissident owner last year. On Thursday, jurors at the Old Bailey saw chat between Earl, of Elmesthorpe, Leicestershire, and a Wagner Group contact identified by the handle Privet Bot on Telegram. The day before the arson attack, Privet Bot instructed Earl to watch the television series The Americans, about KGB agents undercover in the US, 'in order to understand work'. Privet Bot went on: 'The idea is like that. You need to organise partisan cells in the country and in Europe and think of a name for your movement. We'll give you support… 'Watch this series. It will be your manual. You'll have a source of funding through organising arsons.' The court has heard how Earl allegedly roped in Jake Reeves, 23, from Croydon, south London, to help recruit people to carry out the arson attack on the warehouse. Earl also revealed his plans to Ashton Evans 20, from Newport, Gwent, on Signal, Snapchat and mobile phone messages, it is alleged. They had initially communicated about drug dealing, with Earl adopting the name of a notorious Russian 'hitman', the court was told. Evans was allegedly aware that Earl had orchestrated the warehouse arson attack. Three days after the fire, which caused £1 million of damage, Evans asked: 'Did you light it up?' the court was told. They went on to discuss the plot to burn down Hide restaurant and Hedonism wine shop in Mayfair, snatch the owner and hand him over to Russia. Earl warned there would be a 'good amount of heat after this' and it would be 'on every news channel and radio in our country'. Evans allegedly replied: 'Yes, I can sort if there is a way we can do so without people getting hurt cause that's when the police will take very very serious – like t***or (terror) level serious.' Stressing the need for security, Earl told him: 'It will be a huge thing and every single spy agency trying to find who did it so careful ok.' Evans agreed that it would 'bring a lot of attention MI5 etc', the court heard. On April 1 2024, Earl asked Evans to delete their chats and asked if he could make connections with the IRA or the Irish Kinahan crime family. Earl suggested he wanted to 'build a link' between the Kinahans and Russia, saying: 'We have direct connection to the Kremlin, we can do suin (something) big.' After his arrest, Evans claimed he did not take the chat seriously, having jokingly told Earl: 'And this is all in mine craft, right?' He also claimed in a police interview that he was just stringing Earl along to get a refund for £300 of fake cocaine he had bought, the court was told. Earl and Reeves have pleaded guilty to aggravated arson of the east London warehouse and an offence under the National Security Act. The court was told that Reeves had revealed details of their plans to another contact, Dmirjus Paulauskas, having described Earl as 'Russian mafia'. On the kidnap plot, Reeves allegedly told Paulauskas that the idea was to 'get him sent back to Russia for imprisonment'. Paulauskas, 23, from Croydon, allegedly responded to Wagner Group activity on UK soil with glee, saying: 'I'm so f****** gassed cos that means the west has already have already u r allowed to call urself Russian now (sic).' The defendant, who was later to claim that he took none of it seriously, allegedly responded to the warehouse attack by saying: 'Holy f*** so Wagner literally has UK gangs doing their work..' Shortly before their arrests, the men pondered why Earl – 'the Russian guy' – had not been on Snapchat for five days. Paulaskas suggested he was busy in his job 'sabotaging UK'. Prosecutor Duncan Penny KC told jurors that by then Earl had been in custody for nine days. He said: 'The position is clear: Reeves told Mr Paulauskas about the plan to kidnap the target, who had sent money to Ukraine and who was to be sent back to Russia, and about the fact that the attack on the east London warehouse.' Mr Penny added that the realisation there was foreign interference by the Wagner group on British soil through the use of 'UK criminals as proxies', seemed to have been a matter of 'quite some pleasure' to Paulauskas. Evans and Paulauskas have each denied two charges of failing to disclose information about terrorist acts, which they deny. Jakeem Rose, 23, from Croydon, Ugnius Asmena, 20, of no fixed address, Nii Mensah, 23, of Thornton Heath, south London, and Paul English, 61, of Roehampton, south-west London, have denied aggravated arson relating to the warehouse fire. The Old Bailey trial continues.
