Nightjack: an arrest is made

Officers from Operation Tuleta arrest Patrick Foster.

 

Earlier this year, the New Statesman investigated the 2009 outing of the “NightJack” police blogger by the Times newspaper (background here).   

Over a sequence of blogposts it was shown that there had been interference with the blogger’s email account and that the High Court had, in effect, been misled.

Today brings the news that there has now been an arrest in respect of the outing.  The arrest was at dawn by the Metropolitan Police “Operation Tuleta” team investigating alleged computer hacking by newspapers, and the person arrested is the former Times reporter Patrick Foster.  He was arrested for both suspected offences under Computer Misuse Act and suspected conspiracy to pervert the course of justice. (Also see this excellent post at Brown Moses on Operation Tuleta.)

The arrest today is against other legal backdrops to do with the outing.  First there is the on-going civil action brought by the blogger himself, Richard Horton, against the Times for breach of privacy and deceit.  Second there is the impending report of the Leveson Inquiry, where both the James Harding, the editor of the Times, and Alastair Brett, the former legal director of the newspaper, were both closely questioned about the incident.  And it has also been reported Brett is also facing an investigation by the Solicitors Regulation Authority.  

It is not clear how any of these various proceedings will affect the criminal investigation, and vice versa.  It will certainly make it complicated.

Due process must now take its course, and every arrested person has the benefit of the presumption of innocence.  It is a matter for the police and the Crown Prosecution Service whether there is any charge, and a matter for a court whether there is any criminal liability.  None of this can or should be prejudged in individual cases. 

However, as the New Statesman investigation revealed, the wrongful outing of the NightJack blogger was never just about individuals. 

The wrongful outing of the NightJack blogger was a systemic and managerial failure, and not the fault of any one person. 

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Is the French Left having its Jeremy Corbyn moment?

Benoit Hamon won the first round of the Socialist party's presidential primaries. 

Has the French Left taken a Corbynite turn? That's certainly the verdict of many after the first round of the French Socialist Party's primary.

In first place is Benoit Hamon, who quit Francois Hollande's government over its right turn in 2014, and counts the adoption of a universal basic income, the legalisation of cannabis and the right to die among his policy proposals, with 36 per cent of the vote.

In second place and facing an uphill battle to secure the nomination is Manuel Valls, the minister who more than any other symbolized the rightward lurch of Hollande's presidency, with 31 per cent. That of the five eliminated candidates - under the French system, if no candidate secures more than half of the vote, the top two go through to a run-off round - only one could even arguably be said to be closer to Valls than Hamon shows the struggle he will have to close the gap next weekend. And for a variety of reasons, even supporters of his close ally Sylvia Pinel may struggle to put a tick in his box. 

Still, Valls clearly believes that electability is his best card, and he's compared Hamon to Corbyn, who "chose to remain in opposition". Also making the Hamon-Corbyn comparison is most of the British press and several high-profile activists in the French Republican Party.

Is it merited? The differences are probably more important than the similarities: not least that Hamon served as a minister until 2014, and came up through the backrooms. In terms of the centre of gravity and the traditions of his party, he is much closer in analogue to Yvette Cooper and Andy Burnham than he is to Jeremy Corbyn, though Corbynistas and Hamonites bear a closer resemblance to one another than their leaders to.

What will give heart to the leader's office is that Hamon surged in the polls after each debate, when his ideas were given a bigger platform. But what will alarm everyone in Labour is the French Socialists' poll ratings - they are expected to get just 6 per cent in the elections. (And before you scoff at the polls, it's worth noting that they have, so far, performed admirably in the French electoral cycle, picking up on the lightning rise of both Hamon and Francois Fillon.)

That attests to something it's easy to forget in Westminster, where we tend to obsess over the United States and ignore politics on the Continent, despite the greater commonalities: throughout Europe, social democratic parties are in a fight for their lives, no matter if they turn to the left or the right.

The Democrats, in contrast, won the presidential election by close to three million votes and lost due to the electoral college. They have good prospects in the midterm elections and their greatest threat is gerrymandering and electoral malfeasance. But absent foul play, you'd have to be very, very brave to bet on them going extinct.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.