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A British soldier has been charged with passing secret information linked to the military campaign in Afghanistan to Iran, The Times has learnt.
Corporal Daniel James, 44, appeared at City of Westminster Magistrates’ Court
in London yesterday, charged under Section 1 of the Official Secrets Act
with communicating information “useful to the enemy”.
The case was considered so sensitive that after the charge had been read out,
reporters were told to leave and the remainder of the hearing was held in
camera.
No biographical details were given — not even that he is a soldier in the Army
— and there was no hint in the charge or in the brief part of the hearing
held in public to indicate who “the enemy” was.
However, The Times has learnt that the soldier was charged in
relation to the passing of confidential information about British activities
in Afghanistan to Iran, which shares a border with western Afghanistan, and
has a strategic interest and influence in the region.
Corporal James speaks fluent Pashtun, the language of most Afghans, and acts
as an interpreter for Lieutenant-General David Richards, the British
commander of the Nato forces in Afghanistan.
Corporal James was arrested in Britain on Tuesday and charged within hours
because of the seriousness of the alleged offence. It is understood that an
intensive investigation was launched to try to identify the source of the
alleged leak of information relating to Afghanistan.
Britain has about 6,000 troops in Afghanistan, the majority based in Helmand
province in the south. Action was taken so quickly that Lord Goldsmith, QC,
the Attorney-General, had not even given the go-ahead for a prosecution
before the soldier was told of the charge under the Official Secrets Act.
The full charge read out at court was that on November 2 this year, for a
purpose prejudicial to the safety of the State, Daniel James “communicated
to another person information calculated to be directly or indirectly useful
to the enemy”.
The charge was under Section 1 (1)(c) of the Official Secrets Act 1911 which
says that “if any person for any purpose prejudicial to the safety or
interests of the State obtains or communicates to any other person any
sketch, plan, model, article or note, or other document or information which
is calculated to be or might be or is intended to be directly or indirectly
useful to an enemy”, he shall be guilty of a felony and liable to
imprisonment for not less than three years and not exceeding seven years.
Corporal James’s appearance before Senior District Judge Timothy Workman was
surrounded by secrecy. The case was not on the court list and police refused
to give the defendant’s name before the hearings.
One hearing was held in camera to hear argument about why large parts of the
case should also be heard in secret. The judge decided that national
security was involved, and only a few minutes of a session lasting nearly
two hours were open to press and public.
Corporal James said nothing during the hearing other than “Yes, sir”, when
confirming his name and date of birth and that he understood he would be
remanded. After the closed hearing, the judge said: “I have been given
certain information which leads me to the conclusion that it will be
necessary to hear certain facts in camera as there is a possible prejudice
to national security.” The prosecution, he said, was asking for a remand to
obtain the Attorney-General’s consent for prosecution.
Corporal James stood at ease as the judge told him he would be remanded in
custody until December 27. Four Special Branch officers were in court and
the defendant sat in the dock with two guards. Martyn Fischer, Corporal
James’s lawyer, would not comment.
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