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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There are two sides to the Muslim segregation story

White families must also be prepared to have Muslim neighbours. 

Dame Louise Casey finally published her review on social integration in Britain. Although it mentions all communities, there is a clear focus on Muslim communities. However, the issues she raises - religious conservatism, segregation in some areas and Muslim women experiencing inequalities -  are not new. In this case, they have been placed in one report and discussed in the context of hindering integration. If we are truly committed to addressing these issues, though, we have a duty of care to discuss the findings with nuance, not take them out of context, as some tabloids have already done.

The review, for example, highlights that in some areas Muslims make up 85 per cent of the local population. This should not be interpreted to mean that Muslims are choosing to isolate themselves and not integrate. For a start, the review makes it clear that there are also certain areas in Britain that are predominantly Sikh, Hindu or Jewish.

Secondly, when migrants arrive in the UK, it is not unreasonable for them to gravitate towards people from similar cultural and faith backgrounds.  Later, they may choose to remain in these same areas due to convenience, such as being able to buy their own food, accessing their place of worship or being near elderly relatives.

However, very little, if any, attention is given to the role played by white families in creating segregated communities. These families moved out of such areas after the arrival of ethnic minorities. This isn't necessarily due to racism, but because such families are able to afford to move up the housing ladder. And when they do move, perhaps they feel more comfortable living with people of a similar background to themselves. Again, this is understandable, but it highlights that segregation is a two-way street. Such a phenomenon cannot be prevented or reversed unless white families are also willing to have Muslim neighbours. Is the government also prepared to have these difficult conversations?

Casey also mentions inequalities that are holding some Muslim women back, inequalities driven by misogyny, cultural abuses, not being able to speak English and the high numbers of Muslim women who are economically inactive. It’s true that the English language is a strong enabler of integration. It can help women engage better with their children, have access to services and the jobs market, and be better informed about their rights.

Nevertheless, we should remember that first-generation Pakistani and Bangladeshi women, who could not speak English, have proved perfectly able to bring up children now employed in a vast range of professions including politics, medicine, and the law. The cultural abuses mentioned in the review such as forced marriage, honour-based violence and female genital mutilation, are already being tackled by government. It would be more valuable to see the government challenge the hate crimes and discrimination regularly faced by Muslim women when trying to access public services and the jobs market. 

The review recommends an "Oath of Integration with British Values and Society" for immigrants on arrival. This raises the perennial question of what "British Values" are. The Casey review uses the list from the government’s counter-extremism strategy. In reality, the vast majority of individuals, regardless of faith or ethnic background, would agree to sign up to them.  The key challenge for any integration strategy is to persuade all groups to practice these values every day, rather than just getting immigrants to read them out once. 

Shaista Gohir is the chair of Muslim Women's Network UK, and Sophie Garner is the general secretary and a barrister.