Ex-GCHQ officer cleared over US 'dirty tricks' leak

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I wonder if FOX has this one.....
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A GCHQ translator sacked for revealing a secret e-mail has been cleared of a charge under the Official Secrets Act.
Katharine Gun, 29, from Cheltenham, claimed the e-mail was from US spies asking British officers to tap phones of nations voting on war against Iraq.

She walked free on Wednesday when the prosecution offered no evidence.

Mrs Gun had always said she had acted in an effort to prevent the war, and outside court said: "I have no regrets and I would do it again."

Human rights group Liberty, who supported Mrs Gun throughout her trial, said it was possible the prosecution's decision followed political intervention.

There has been speculation the government was worried about the disclosure of secret documents during the trial, particularly the advice by Attorney General Lord Goldsmith.

I am absolutely overwhelmed and obviously delighted and just gobsmacked

Katharine Gun


Watch Katharine Gun's statement in full
But the attorney general's office told the BBC the decision to drop the charge had nothing to do with the Lord Goldsmith's advice to the government the legality of war.

Mrs Gun, who was sacked from GCHQ in June and charged on 13 November, thanked her family and friends for helping her through the case.

She said: "I am absolutely overwhelmed and obviously delighted and just gobsmacked."

The "leaked" memo from January last year reportedly said the National Security Agency had begun a "surge" in eavesdropping on UN Security Council countries about to vote on action in Iraq.

Officials from Angola, Cameroon, Chile, Bulgaria, Guinea and Pakistan all had their phones tapped in what the newspaper described as a "dirty tricks" operation.

She is alleged to have leaked it to The Observer newspaper which ran an article in March claiming GCHQ had been asked to help spy on the six countries, which were all key to the passing of a second UN resolution on Iraq.

'Political charges'

Shami Chakrabarti, of Liberty, said the decision to charge her in the first place had been political, with the attorney general, a political appointment, ultimately responsible.

She said: "These political charges should never have been brought.

"One wonders whether disclosure in this criminal trial might have been a little too embarassing."

The Liberal Democrats' foreign affairs spokesman Sir Menzies Campbell said: "The dropping of these charges avoids severe government embarrassment.

"It is possible the attorney general's legal advice might have been published at last. This is a government retreat.''

Mrs Gun pleaded not guilty on Wednesday, after which the prosecution announced it would not be going ahead with its case.

Mark Ellison, for the prosecution, said: "The prosecution offer no evidence against the defendant on this indictment as there is no longer sufficient evidence for a realistic prospect of conviction.

"It would not be appropriate to go into the reasons for this decision."

No explanation

The judge, the Recorder of London Michael Hyam, recorded a formal verdict of not guilty.

The judge told Mrs Gun: "You are discharged."

The defence inquired why it took until Wednesday for the case to be dropped, but the prosecution offered no explanation.

They also want to know why news of the charges being dropped was apparently leaked to the Guardian newspaper last week.

Former spy David Shayler, jailed for revealing secrets, said a blanket of secrecy was used to protect intelligence matters that did not affect national security.

"If the intelligence services are going to do things that are illegal they have to expect people to whistleblow.

"When they are not protecting our security and they are infringing human rights, they break the law and we have a right to know that."

http://news.bbc.co.uk/1/hi/uk/3485072.stm
 

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Translator turns 'whistleblower'


Katharine Gun was sacked from her job as translator
Katharine Teresa Gun, once a little-known translator working at the government's communications headquarters GCHQ was thrust into the limelight after being accused of leaking top secret information.
The 29-year-old from Gloucestershire has said she "only ever followed her conscience" to prevent an "illegal war against Iraq".

She was accused of leaking an e-mail from US spies asking British counterparts to tap telephones.

The revelations it contained about the alleged US spying operation on UN Security Council members in the run-up to the invasion of Iraq last year made her a cause celebre in the US.

Speculation over case

She attracted the support of a host of celebrities after she was charged last year with breaking the 1989 Official Secrets Act.

Actor Sean Penn and civil rights activist the Reverend Jesse Jackson were among the American celebrities who lined up to support her stance.


She didn't endanger anyone's life and she didn't put national security at risk

Barry Hugill, Liberty
She has said she acted to save the lives of British soldiers and Iraqi civilians.

But for this she paid the price of being charged with disclosing secret government information and being sacked from her post at the government's communications headquarters (GCHQ).

Ms Gun, of Moor End Road, Cheltenham, appeared at the Old Bailey and denied the charge that between January 30 and March 2 last year she disclosed information relating to security or intelligence contrary to the Official Secrets Act.

It was a charge that could have led to a two-year jail sentence if she had been convicted.

But after she made her not guilty plea, the prosecution said that no evidence would be offered against her.

'Dirty tricks'

Ms Gunn was originally arrested last March after a memo from the US monitoring body the National Security Agency (NSA) was sent to the Observer.

She was subsequently sacked from her job in June and charged in November.

The 31 January memo reportedly said the NSA had begun a "surge" in eavesdropping on UN Security Council countries about to vote on action in Iraq.

Officials from Angola, Cameroon, Chile, Bulgaria, Guinea and Pakistan all had their phones tapped in what the newspaper described as a "dirty tricks" operation.

The author of the memo was supposedly Frank Koza, Defence Chief of Staff (Regional Targets) at the agency.

The Observer ran an article in March claiming GCHQ had been asked to help spy on the six countries, which were all key to the passing of a second UN resolution on Iraq.

At the time Ms Gun said in a statement: "Any disclosures that may have been made were justified on the following grounds: because they exposed serious illegality and wrongdoing on the part of the US government who attempted to subvert our own security services; and to prevent wide-scale death and casualties among ordinary Iraqi people and UK forces in the course of an illegal war."

Political fall-out

Had the case proceeded to a full trial, the political fallout could have been huge, civil rights campaigners Liberty said.

Its spokesman Barry Hugill said it would have caused "immense" damage to the government and raised key issues, such such as whether Britain agreed to spy on UN officials.

"And, if so, who within the government had given that authorisation?" he asked.

He said Liberty had had no qualms about taking on her case in the first place.

"We took the case because it was a clear act of conscience on her part.

"She didn't endanger anyone's life and she didn't put national security at risk.

"She revealed we were being asked to do something that was against international law."

http://news.bbc.co.uk/1/hi/uk/3507533.stm
 

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Sunday March 2, 2003

To: [Recipients withheld]
From: FRANK KOZA, Def Chief of Staff (Regional Targets)
CIV/NSA
Sent on Jan 31 2003 0:16
Subject: Reflections of Iraq Debate/Votes at UN-RT Actions + Potential for Related Contributions
Importance: HIGH
Top Secret//COMINT//X1

All,

As you've likely heard by now, the Agency is mounting a surge particularly directed at the UN Security Council (UNSC) members (minus US and GBR of course) for insights as to how to membership is reacting to the on-going debate RE: Iraq, plans to vote on any related resolutions, what related policies/ negotiating positions they may be considering, alliances/ dependencies, etc - the whole gamut of information that could give US policymakers an edge in obtaining results favorable to US goals or to head off surprises. In RT, that means a QRC surge effort to revive/ create efforts against UNSC members Angola, Cameroon, Chile, Bulgaria and Guinea, as well as extra focus on Pakistan UN matters.

We've also asked ALL RT topi's to emphasize and make sure they pay attention to existing non-UNSC member UN-related and domestic comms for anything useful related to the UNSC deliberations/ debates/ votes. We have a lot of special UN-related diplomatic coverage (various UN delegations) from countries not sitting on the UNSC right now that could contribute related perspectives/ insights/ whatever. We recognize that we can't afford to ignore this possible source.

We'd appreciate your support in getting the word to your analysts who might have similar, more in-direct access to valuable information from accesses in your product lines. I suspect that you'll be hearing more along these lines in formal channels - especially as this effort will probably peak (at least for this specific focus) in the middle of next week, following the SecState's presentation to the UNSC.

Thanks for your help

· Footnote: This email was originally transcribed with English spellings standardised for a British audience. Following enquiries about this, we have reverted to the original US-spelling as in the document leaked to The Observer.

http://observer.guardian.co.uk/iraq/story/0,12239,905954,00.html
 

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UK spies 'bugged UN's Kofi Annan'


UN Secretary General Kofi Annan
British spies were bugging UN Secretary General Kofi Annan's office in the run up to the Iraq war, former UK cabinet minister Clare Short has claimed.
The ex-international development secretary said she had read some of the transcripts of his conversations.

Ms Short said she recalled thinking, as she talked to Mr Annan: "Oh dear, there will be a transcript of this and people will see what he and I are saying."

No 10 refused to comment and the UN said such spying would be illegal.


Spies there 'for some time'

Her comments came the day after the dramatic collapse of the trial of GCHQ whistle-blower Katharine Gun.

She had been accused of leaking a secret e-mail from US spies apparently requesting British help in bugging UN delegates head of the Iraq invasion.

The UK in this time was also getting spies on Kofi Annan's office and getting reports from him about what was going on

Clare Short


Listen to the full Today programme interview

The government has denied claims the move to drop the case was politically motivated.

There has been speculation ministers were worried about the disclosure of secret documents during the trial, particularly the advice from Attorney General Lord Goldsmith about the legality of war.

But Lord Goldsmith said in a statement to the House of Lords: "It was a decision on solely legal grounds ... and free from any political interference."

He said that although they believed they could prove the Official Secrets Act had been breached, they had concluded they could not disprove Mrs Gun's defence "of necessity" - believed to refer to her case that she felt a duty to do something to save lives in an unlawful war.

During an interview on BBC Radio 4's Today programme Ms Short said British spies were involved in bugging Mr Annan's office in the run up to war with Iraq.

"The UK in this time was also getting spies on Kofi Annan's office and getting reports from him about what was going on," she said.

"These things are done and in the case of Kofi's office, it was being done for some time."

Legal question

Asked if Britain was involved in this, she replied; "Well I know - I've seen transcripts of Kofi Annan's conversations.


"In fact, I have had conversations with Kofi in the run up to the war thinking 'oh dear, there will be a transcript of this and people will see what he and I are saying'."

There is no need to spy or to go through secret channels

Hassen Fodha
UN director in Brussels


Profile of Clare Short

Asked to confirm if British spies were instructed to carry out operations within the UN on people like Mr Annan, she said: "Yes, absolutely."

Quizzed about whether she knew about this when she was in government, Ms Short responded: "Absolutely. I read some of the transcripts of the accounts of his conversations."

Pressed about whether this was legal, she said: "I don't know. I presume so. It is odd but I don't know about the legalities."

'Tarnished reputation'

A Downing Street spokesman said in a statement: "We never comment on intelligence matters. Our intelligence and security agencies act in accordance with national and international law at all times."

But a UN representative in Europe said any spying on Mr Annan would be illegal.


Clare Short has been a thorn in the government's side since she quit
Hassen Fodha, the UN director in Brussels, said: "The UN works in full transparency. There is no need to spy or to go through secret channels.

"Our information is public and under our rules no other information than is public should be used in our reports."

BBC security correspondent Frank Gardner said that many UN officials always worked on the basis that they were being bugged.

But, he added, "that is not to say that it is acceptable if they are not suspected of terrorism or other crimes".

Tory shadow foreign secretary Michael Ancram was cautious about reacting to Ms Short's remarks, saying: "I think she should be asked why she's saying this now. I don't know what the truth of this is."

But Sir Menzies Campbell, the Liberal Democrat foreign affairs spokesman, said: "If these allegations are true, they will do nothing for Britain's already tarnished reputation at the UN."

Former MI5 officer David Shayler said the revelation could lead to a breakdown in trust with Britain's allies.


http://news.bbc.co.uk/1/hi/uk_politics/3488548.stm
 

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