Michael Evans and Stewart Tendler
Win 100 iconic DVDs
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.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
The UK's leading alternative to showroom finance.
Finance packages tailored to your needs.
Minimum loan of £15,000
Car Insurance
c£100,000 + car, bonus & bens
Lord Search & Selection
Midlands
Competitive salary + NHS pens
The Council for Healthcare Regulatory Excellence (CHRE)
London
Not Specified
The Sheppard Trust
London
£31,842 – £38,378pa
Charity Commision
London, Liverpool or Taunton
Moments from Battersea Park.
For sale with Winkworth.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.