MI5 lied ‘intentionally and many times’ in neo-Nazi undercover agent case, BBC tells High Court

MI5 lied “deliberately and repeatedly” because it attempted to protect its dealing with of a neo-Nazi agent who abused girls, the BBC has advised a panel of High Court judges.

The company argued the brink for contempt of court docket court cases in opposition to MI5 and 3 particular person officials were met.

Sir James Eadie KC, performing for MI5, issued an “unreserved apology” on behalf of the Security Service however stated the “errors that had been made had not been deliberate”.

The 3 judges – England and Wales’ maximum senior pass judgement on, Lady Chief Justice Baroness Sue Carr, President of the King’s Bench Division Dame Victoria Sharp and Mr Justice Chamberlain – reserved judgement at the case till a later date.

The case, which started in 2022 with an try to block the BBC from publishing a tale concerning the neo-Nazi agent, has develop into a big take a look at of the way the courts view MI5 and the credibility of its proof.

MI5 gave proof to 3 courts, pronouncing that it had by no means breached its core secrecy coverage of neither confirming nor denying (NCND) {that a} guy identified best as X was once a state agent.

But in February, the BBC was once in a position to turn out with notes and recordings of telephone calls with MI5 that this was once false.

An MI5 officer had showed the agent’s standing as he attempted to influence me to drop an investigation into X, a violent neo-Nazi misogynist who used his Security Service function to coerce and terrify his former female friend, identified publicly as “Beth”.

At Tuesday’s listening to MI5 said that the NCND coverage may just not be maintained on this case.

This coverage has supposed important quantities of proof has been confined to closed hearings which neither the BBC nor Beth – who has introduced a separate case complaining about MI5 – are approved to wait.

Outside court docket, Beth’s solicitor Kate Ellis stated this supposed she would now get a good trial of her personal felony declare in opposition to MI5.

“It’s a huge outcome for Beth. She’s had to fight this all the way to the High Court,” Ms Ellis stated. “This case has really undermined MI5’s credibility in the courts.”

Charlotte Kilroy KC, representing Beth, advised the court docket her shopper agreed with the BBC that the brink for contempt of court docket court cases were met. There were “copious levels of dishonesty” which had now not been said in MI5’s investigations into the way it got here to provide false proof.

Contempt of court docket is a felony time period for behaviour that impedes the management of justice or creates a chance of that going down, similar to publishing data that prejudices a tribulation or giving false statements to court docket. It will also be punished with a positive or as much as two years in jail.

The BBC’s barrister, Jude Bunting KC, submitted to the court docket that it must imagine contempt of court docket court cases in opposition to MI5 itself, and 3 particular person Security Service officials – together with one that showed X’s standing as an agent at the telephone to me and a senior officer referred to as Witness A who gave the false proof to court docket.

MI5’s accounts of the way it got here to provide false proof “lack candour” and there’s a “real concern” that the court docket has now not been given a complete rationalization of what went improper, Mr Bunting stated.

He stated an exterior evaluation through the federal government’s former leader legal professional Sir Jonathan Jones KC didn’t discuss to 2 a very powerful witnesses.

Sir James Eadie KC, representing the Attorney General for the Security Service, introduced an “unreserved apology on behalf of MI5”.

“Everyone from the director general downwards acknowledges the seriousness caused,” he stated.

MI5 director common Sir Ken McCallum straight away knowledgeable Home Secretary Yvette Cooper as quickly because the subject was once interested in his consideration, Sir James stated.

There has been “a full and comprehensive investigation” which got here to the realization that “the errors that had been made had not been deliberate” and that “there had been no misleading or lying”, MI5’s barrister stated.

He stated that contempt of court docket court cases “would not be appropriate”.