UPDATED: Damian Green - arrested under the most sinister law in Britain?

SEE UPDATE AT END

So to the Damian Green arrest, which police say was made on suspicion he was "aiding and abetting, counselling or procuring misconduct in a public office". Looking back at the handful of prosecutions this statute has brought about, stories about the police's use of this offence make frightening reading.

First what I presume it's intended to do: to prosecute police officers who use the police national database to get revenge on ex-lovers, or trading standards officers who try and fiddle the system themselves.

But there are more pernicious examples out there too.

Perhaps the scariest is the case of Sally Murrer, a reporter of 33 years' standing who was arrested last year and later charged using this law. She is expected to stand trial in January. The trial collapsed today

The Crown Prosecution Service alleges that a police contact tipped her off about three stories:  that a local celebrity footballer arrested in a brawl would not be charged, that a man killed in a fight had previously been arrested on drug offences and an Islamist the authorities released early from prison  had boasted about becoming a suicide bomber. The third tip, potentially the most serious, never even made the paper.

By this scorehand Ms Murrer is hardy an enemy of the state. Yet here, according to an excellent account by Nick Cohen, is what the police did to collect evidence in their case.

The security services planned the arrest of the journalist with painstaking care. They bugged her contacts and assembled an elite squad to take her down. On 8 May 2007, eight detectives swarmed into her home and seized her address book, mobile, laptops and bank statements. In a simultaneous raid, a second team searched her newspaper office - going through everything from filing cabinets to boxes of Cup-a-Soup by the office kettle.

Police aren't alleging that she paid her contact for the stories, just that he gave her more information than he was contractually allowed to. I commend the Cohen piece, which goes into what is more broadly a very complex case and hints at the bigger reasons why the CPS may be pursuing the prosecution.

But it's clear from that if this law was rigidly applied most of the journalists, and several of the politicians, special advisers and press officers I know would be in jail. And from my brief reading about the case it seems to strike a worrying blow for the public's right to know more than politicians and public sector bosses want them to.

There can be no doubt that tonight the police decision to arrest a shadow cabinet member was political with a very big P.

UPDATE: With uncanny timing, the Murrer case has collapsed. Full details here. The judge ruled that police surveillance and search operations mounted to identify the reporter's sources were a violation of human rights. This suggests any prosecution could be even harder to bring.

Comments

[john b]

Hmm. You seem to be relying on Nick Cohen as a trustworthy source here; that's up there with seeking psephological advice from a tree monkey, surely?

[tris]

Had I read a description like that above, taken out of context, I would have imagined Congo or China perhaps. It woudn't have occured to me that this was happening in a Western European state.

The motto seems to be "don't cross Brown".

He's in such a mess that he can't have the opposition finding out the truth can he? What else is he hiding, and how scared should we be?

Well done to this paper and Sam Coates for highlighting this.

Now let's get this kind of nonsense stopped.

[Richard]

The British Government and everybody in it is beneath contempt.

[Prestonian]

Walter Wolfgang, Iceland and Damian Green - anti-terrorist laws used against them. We were warned. Can anyone now doubt the nature of this government?

[mike rigby]

This should frighten all of us who believed in the Justice system in this country.
We are not on the way to a police state, we are in one.

[Liam Ronan]

Don't blame me! I didn't vote for Brown. But then again....

[richard]

NuLabour = Kontrol, Kontrol, Kontrol.

All of this is predictable and has been from the first time an anti-terrorism law we were promised would only be used for serious terrorist offences was used for political convenience. They lie, they spin, and they destroy what they cannot control. I'm delighted Damien Green was arrested - perhaps it will anger Cameron enough to display some real opposition to the civil rights fire sale..

[Christopher]

Such a blatant abuse of power that it makes your head spin... We were warned indeed...

[PPP]

I had a similar search done to me on Bank Holiday weekend by a firm I had taken to an employment tribunal. Then the court ordered me to a 4 month suspended jail sentence when I objected to what was going on. Neo-fascism.

[Ross]

This is genuinely scary. I hope that every news source in the country shines a very big light on this hitherto hidden fascist regime and stops it dead, otherwise England could be the next Nazi state. I'm glad I never once voted for this sham of a government, and Brown must produce answers. Now.

[Jim]

Can't wait to see how the Guardian justify it. Still Cameron et al didn't do a whole lot to defend our rights as these laws were passed. Will the British people even protest on the streets? I remember doing that when i was younger, I can't see it happening today though.

[LT]

I fear that this is national socialism. We have convinced ourselves such a scenario could never happen in Britain with our history of stability and democracy, but this is a truly sinister development. Brown and the scoundrels that support him should be held to account. If they get away with this who will be next? Maybe the General Election will be postponed indefinitely whilst comrade Brown introduces even more repression.

[Alexander]

As Britains self perceived place in the world fades, so to "the powers that be" will become more draconian it their approach to retain the trappings of power. A breif glance at the legislation on the statue books will show that the USSR & 1930's Germany were brutal novices when it came to the "legal" controlling the lives of it's population. The country that gave the world Parliamentary Democracy have honed a far more effective system for that purpose. All to the acquiesence of an apathetic and largely ignorant population. 1984 is in place. Mourn the passing of Great Britain. and the vain sacrifices of the WWI & WWII men and women.

[Michael Jamieson]

This is the stuff of Third World dictatorships and utterly terrifying in Britain. It is quite clear - despite Brown's denials - that this is a politically motivated arrest intended to intimidate the opposition. I hope the media jump all over this story and don't let the matter rest. Our very democracy is under attack from this evil government.

[Guy Higby]

We have to ask whether Damian Green's actions were likely to harm anyone. Surely we have laws in this country to protect the weak. Were the actions of the police here designed to do that? I hope so.

[terry sullivan]

you/who voted for them?

police state--remember tony bliars response when an mp said this in parliament?

wheres the opposition--perhaps this will wake cameron up--but i wont hold my breath

[percy]

I think people are very brave to post comments on this blog. Don't be surprised if the Brown Police knock on your doors with a sledgehammer at 0400.

[tony]

A STEP TOO FAR.

[Kerry O'Donoghue]

I'm a whistle blower and I have documents which prove the involvement of certain lawyers and their assisting of Islamic Extremist activities.

I am a British Citizen and I have been told in writing by Harry Carberry of the UK Embassy in Dublin that I am involved in a 'Campaign against the British Establishment' which is an offence under the terrorism act. I my children and a colleague are Jew's who want to make Aliyah but the British Government is activly stoping us. They would not dare stop a Muslim wanting to leave the UK but they will stop Jew's.

Is the British Government now starting to stoping people leaving the UK because the government doesn't like what they say?

[Steve Ferris]

England is finished, Labour won. Don't like it, leave.

[Rikki Tikki-Tavi]

I heard about Damian Green's arrest on Question Time last night, presumably as did the PM and Home Secretary. How totally ridiculous this whole thing is. This man is simply doing his job; if in the process he serves to embarrass the government then so be it. The electorate has the right to an open government. This is not a selective openness, it is openness showing warts and all and if this administration has not the honesty to treat us with respect, but chooses contempt and cynicism instead, then quite simply we're not being well served. I'm delighted that we have politicians like Mr Green but disgusted that we have others who precipitate this nonsense.

[tony]

BBC coverage of this story?........NIL

[Nigel Williams]

This must get banner headlines in all papers, enough is enough, bring these lackies in blue to heel. WE pay then to serve US, not an unelected Primeminister.

[tony c]

"aiding and abetting, or procurring misconduct in a public office"

Sounds like an indictment of the current ZanuLabour government to me.
Can we look forward to Brown and Co being charged...............?

[tony]

What next?....Concentration camps..............
"We Will Ask The Questions"
History repeating itself !
Remember the treatment they doled out to the OAP at the Conference..start worrying.
He was a labour voter!
My Grandfather fought in TWO world wars to ensure freedom of speech...He will be turning in his grave with ALL the others who died for it....NO MORE LIES AND SPIN.