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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New Digital Editor: Serena Kutchinsky

The New Statesman appoints Serena Kutchinsky as Digital Editor.

Serena Kutchinsky is to join the New Statesman as digital editor in September. She will lead the expansion of the New Statesman across a variety of digital platforms.

Serena has over a decade of experience working in digital media and is currently the digital editor of Newsweek Europe. Since she joined the title, traffic to the website has increased by almost 250 per cent. Previously, Serena was the digital editor of Prospect magazine and also the assistant digital editor of the Sunday Times - part of the team which launched the Sunday Times website and tablet editions.

Jason Cowley, New Statesman editor, said: “Serena joins us at a great time for the New Statesman, and, building on the excellent work of recent years, she has just the skills and experience we need to help lead the next stage of our expansion as a print-digital hybrid.”

Serena Kutchinsky said: “I am delighted to be joining the New Statesman team and to have the opportunity to drive forward its digital strategy. The website is already established as the home of free-thinking journalism online in the UK and I look forward to leading our expansion and growing the global readership of this historic title.

In June, the New Statesman website recorded record traffic figures when more than four million unique users read more than 27 million pages. The circulation of the weekly magazine is growing steadily and now stands at 33,400, the highest it has been since the early 1980s.