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.)

Grant Shapps on the campaign trail. Photo: Getty
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Grant Shapps resigns over Tory youth wing bullying scandal

The minister, formerly party chairman, has resigned over allegations of bullying and blackmail made against a Tory activist. 

Grant Shapps, who was a key figure in the Tory general election campaign, has resigned following allegations about a bullying scandal among Conservative activists.

Shapps was formerly party chairman, but was demoted to international development minister after May. His formal statement is expected shortly.

The resignation follows lurid claims about bullying and blackmail among Tory activists. One, Mark Clarke, has been accused of putting pressure on a fellow activist who complained about his behaviour to withdraw the allegation. The complainant, Elliot Johnson, later killed himself.

The junior Treasury minister Robert Halfon also revealed that he had an affair with a young activist after being warned that Clarke planned to blackmail him over the relationship. Former Tory chair Sayeedi Warsi says that she was targeted by Clarke on Twitter, where he tried to portray her as an anti-semite. 

Shapps appointed Mark Clarke to run RoadTrip 2015, where young Tory activists toured key marginals on a bus before the general election. 

Today, the Guardian published an emotional interview with the parents of 21-year-old Elliot Johnson, the activist who killed himself, in which they called for Shapps to consider his position. Ray Johnson also spoke to BBC's Newsnight:


The Johnson family claimed that Shapps and co-chair Andrew Feldman had failed to act on complaints made against Clarke. Feldman says he did not hear of the bullying claims until August. 

Asked about the case at a conference in Malta, David Cameron pointedly refused to offer Shapps his full backing, saying a statement would be released. “I think it is important that on the tragic case that took place that the coroner’s inquiry is allowed to proceed properly," he added. “I feel deeply for his parents, It is an appalling loss to suffer and that is why it is so important there is a proper coroner’s inquiry. In terms of what the Conservative party should do, there should be and there is a proper inquiry that asks all the questions as people come forward. That will take place. It is a tragic loss of a talented young life and it is not something any parent should go through and I feel for them deeply.” 

Mark Clarke denies any wrongdoing.

Helen Lewis is deputy editor of the New Statesman. She has presented BBC Radio 4’s Week in Westminster and is a regular panellist on BBC1’s Sunday Politics.