`It is in the public interest to expose bad management within MI6,' I replied, `in order to encourage them to correct their faults. If I just let them sweep this failing under the carpet, they will not mend their ways, and in the long run that is potentially far more damaging to national security.' Martyn nodded approvingly to that at least. `I won't gratuitously damage MI6 - I will not compromise any ongoing operations, I will use aliases for members of staff and I would like to submit a draft of the text to MI6 to allow them to censor any passages whose sensitivity I may have misjudged,' I said.
`Oh, I could not possibly allow that,' Martyn retorted, `that would be against all my ethics as a journalist and defender of freedom of expression.'
`So you wouldn't be prepared to allow me to submit the manuscript?' I asked again for clarification.
`Absolutely not!' replied Martyn emphatically.
As the discussion seemed to be going nowhere, I gave her an ultimatum. `Well, are you interested in this project or not?'
Martyn thought for a moment. `Can you give me what you have written so far, and I'll think about it?'
`No, I can't do that,' I replied, `because I haven't yet written a draft.' It was too risky to give her a copy of the text, even if I recovered it from its hiding place on the internet.
Martyn thought for a moment. `I'll tell you what, then, write down a synopsis outlining the contents of each chapter and I'll have a think about it,' she replied.
I was still suspicious and reluctant. It was one thing to break the OSA verbally, as it could never be proved in court, but putting pen to paper was another. If a written synopsis fell into the wrong hands, I'd be vulnerable to legal action. But the former journalist had just vouched for her ethics. It was worth the risk. `OK, I'll give you a synopsis, but I trust that you will show it to nobody.'
Martyn pointed to the steel filing cabinet in her office. `It'll be locked up in there. It will go nowhere.' She gave me her card and I left to get the late-afternoon ferry to Fisherman's Wharf.
That evening, back in my rented holiday apartment near Bondi Beach, I typed an anodyne and brief outline. The following day, unsure of my prospects for a book contract but confident that Martyn would honour her word, I dropped a sealed envelope at Transworld's office.
My money was running out and, with no job prospects in sight, my thoughts reluctantly turned to England. There were plenty of drawbacks to returning, but at least there was a job there. It wasn't a great offer but it would provide some marketable work experience for the future. Perhaps it would turn out better than expected. If it didn't, I could come back to Sydney. I rang up Stewart Grand Prix, accepted their offer and was given a starting date.
Back in Milton Keynes, things started brightly enough. I found a small flat in Wavendon, a village a few miles from work. A Carlisle Saab dealer, from whom my mother had recently bought a car, kindly helped out by lending one of their demonstration cars. With a flat, a job and a car, my lot was better than it had been for several years. The first day at work, however, confirmed my worst fears. Contrary to what Morrison had assured me, I was the junior employee in the department with no input into policies and no outlet to use my initiative or develop projects. It amounted to little more than a school-leaver's job; MI6 had reneged on another clause of their `agreement'. Moreover, I felt the cloud of my dismissal hanging over me, making it hard for me to feel settled and welcome. Over the next few weeks I made an effort to find something better and attended several interviews, but the knotty chestnut of explaining why I had left the FCO always reared its thorny head. After many wasted miles in my loan car, I wrote to PD/PROSPECT asking for his help. The reply arrived a few days later, not from the kindly and sensible Timpson but from another officer whose name was unfamiliar. He wrote, `The service has discharged all its obligations under the Madrid agreement by finding your current employment and we are therefore not minded to help you further.'
The arrogant reply added to my anger. It would have been easy for them to use their contacts to help find something. `Stuff their lifelong duty of confidentiality then,' I thought to myself. A book contract could be my ticket out of Milton Keynes. I wrote to MI6 to ask how to submit a draft manuscript with a view to potential publication. By return post, they sent a strongly worded letter saying that it would be illegal even for me to write a draft and demanded an assurance that I had not started work on it. If they were not going to be reasonable, then it would have to be done secretly.
MI6 would be listening to my telephone at home, even though they had promised in their `agreement' not to intercept my communications. But my work PC had an internet connection and it was unlikely that they could get a warrant for that. One afternoon in early September, I fired off a two-line e-mail to Shona Martyn, asking her to get in touch if she was interested in pursuing the project. After two weeks she had not replied, so presuming that her answer was no, I thought no further of it.
A few days later, on 8 September, my landlady rang me at work in an agitated state. `I'm afraid your flat's been burgled this morning. I noticed the upstairs window was broken and when I checked through your kitchen window I saw the place had been ransacked.'
I rushed home immediately. A token attempt had been made to disguise the theft as a normal burglary; the contents of the fridge were strewn across the floor and and my bookcase had been overturned. But the identity of the culprits was not hard to guess as the only item of value that had gone was the laptop containing the draft. The TV, stereo, video-recorder and even small valuables had not been touched. The police arrived to have a poke around but they were not interested in taking any forensic evidence.
Contrary to their promise, MI6 intercepted my e-mail and my brief lapse in security sparked not only the burglary but much more significant events thousands of kilometres away. After intercepting the note to Martyn, it wasn't difficult for them to find out who she was. The e-mail address gave them the name of her Australian internet service provider, which in turn gave MI6 her name and street address.
On Friday 24 October 1997, Agent Jackson of the Australian Federal Police arrived at Transworld asking to speak to Shona Martyn. She agreed, granting him a two-hour interview during which she provided a full and detailed account of our meeting, handed over my synopsis and then signed a witness statement.
On Friday, 30 October, having a lunchtime appointment for a haircut in Wavenden, I popped home from work for a quick bite to eat first. As I was putting the kettle on, there was a knock on the door. It was the young constable from Buckinghamshire police, PC Ellis, who had investigated the mysterious theft of my laptop. With him was a burly plainclothes inspector. `Hello, Mr Tomlinson, there have been some new developments concerning your burglary and we want to ask you a few more questions about it.' Ellis seemed friendly enough, and introduced his colleague as Inspector Garrold of CID. `Would you mind if we came inside?' Ellis asked.
The same feeling of impending doom came over me that I used to feel when about to be tanned at school for some petty misdemeanour. If they were going to arrest me, they would have a search warrant, so the only thing to be gained by refusing them entry was a broken door. `Sure, come on in,' I replied, trying to sound indifferent.
`Would you mind taking a seat?' Garrold said in a tone that gave me no option but to sit down on the sofa. He and Ellis stood over me menacingly. `You are under arrest for breaking section 1 of the 1989 Official Secrets Act,' Garrold announced. He grabbed one wrist, Ellis the other, and I was in handcuffs.
More cars pulled up on the gravel drive outside and quickly my flat was filled with plainclothes officers, their mobile phones bleeping. Two joined Garrold in standing over me, menacingly. I caught glimpses of their gun-holsters under their sports-jackets, a sinister sight in the UK where police officers are rarely armed. The atmosphere became even more threatening when the friendly Ellis bade goodbye, a concerned look on his face. A little moustached Welshman opened up as soon as Ellis had left. `OK, Tomlinson, where's the fucking gun?' he dem
anded.
`What gun?' I asked, bemused.
`The gun, don't fuck us around, where's your gun?' he glared. Their insistence that I was armed added to the sense of unreality, as if it were another IONEC mock arrest.
`I haven't got a gun, never have had one, and I'm never likely to want one,' I replied with complete bafflement.
The Welshman detected my bemusement and softened his inquisition. `We have information that you brought back a gun from your time in Bosnia. We want to know where it is.'
`Ah, now I understand!' I laughed. `That gun's rusting at the bottom of the Adriatic.' MI6 must have told the police that I had kept it, perhaps in order to persuade them to make the arrest as heavy-handed as possible.
Garrold ordered me to stand, removed the handcuffs, and strip-searched me. Finding nothing of interest, he pushed me back on to the sofa. For the next three hours, forced by the tightly clamped rigid handcuffs to hunch with my wrists by my chin and elbows in my lap like a stuffed chicken, I watched the latex-gloved officers dismantle my flat, checking behind every picture, lifting edges of the carpet, stripping the bed, rummaging through my dirty laundry. Every item of interest was sealed in a plastic bag and deposited in a large white box brought for the purpose. It filled steadily. First was my newly purchased Psion organiser, which I had left on the coffee table. Then all the computer disks. Myriad scraps of paper with innocent phone numbers scribbled on to them. My Spanish-English dictionary. Various home videos. My photo album. I was not at all worried until a bald-headed officer, searching my leather motorcycle jacket, suddenly piped up, `Got something here, sir.' The others clustered over my jacket. Prodding and pushing at the lining, baldy pulled out a small package, carefully wrapped in masking tape. My morale plummeted when I realised that it was my `Alex Huntley' passport, driving licence and credit card. I watched latex-gloved fingers carefully insert the package into a plastic bag, seal and add it to the growing pile.
Simultaneously, a search team from Cumbria SB descended on my parents' home in Cumbria and a third team confiscated the desktop PC at Stewart Grand Prix. My captor's mobile phones were ringing incessantly because the three teams were using them to coordinate the raids.
Just after 5 p.m., as darkness was descending, Garrold announced that it was time to go. My handcuffs were released briefly to allow a visit to the lavatory; then, handcuffed to another officer, I was led out into the courtyard and bundled into the back of one of the waiting dark-green Vauxhall Omegas. Garrold got into the driving seat and we pulled out of the courtyard to start the drive towards the motorway and, presumably, London. The remaining officers carried on working in my flat.
We arrived at Charing Cross police station at around 7 p.m., the journey slowed by the evening rush-hour traffic. We parked up in a central courtyard filled with patrol cars. Still in handcuffs, I was led through heavy doors and up a ramp to the main reception desk where they handed me over to the custody of the duty sergeant. My name, address and charge were logged, then he allowed me to make one personal call and contact a lawyer. Still handcuffed, I rang my father, who already knew what was happening by virtue of his own police raid. He tried to sound upbeat and positive, but I knew he was worried. I hoped that my mother was taking the shock OK. Then I phoned John Wadham and asked for his advice. He cancelled his evening plans so that he could come at once. Two PCs took me down to the cells to await his arrival.
As the cell door slammed shut, I felt calm about my situation. My previous experiences of handcuffs and clanging doorlocks in the TA and on the IONEC lessened the unfamiliarity of imprisonment. Massaging my chafed wrists, I surveyed my new surroundings. The cell was bare except for a dirty lavatory, a concrete bench with a plastic foam mattress and one grubby blanket. I rolled the blanket into a pillow and lay down on the mattress to await Wadham's arrival.
At 8 p.m., the flap in the door slapped open, two eyes briefly checked me, the bolt slammed back and two police officers entered the cell. `OK, let's have a Full Monty,' they ordered, then escorted me in handcuffs to the interview rooms where Wadham was waiting. We only spoke briefly. There was not much he could do, as we did not yet know what evidence SB had. He gave me a book, a biography of former prime minister Gladstone, and some fresh fruit, which would make the evening pass more easily.
I slept well that night despite the primitive bedding arrangements, aided by a sleeping pill given to me by the police doctor. The next morning, after a stodgy cooked breakfast reminiscent of army food, the duty sergeant escorted me back to the interview rooms where Wadham and two police officers waited. They introduced themselves as Detective Inspectors Ratcliffe and Durn of the Metropolitan Police SB. For the rest of the morning and until late in the afternoon, they grilled me relentlessly, the tape-recorder whirring in the background, gradually revealing their evidence against me. First, the copy of the synopsis I had given to Martyn and the transcript of her interview with the Australian police. Then the transcript of a second interview with her, which Ratcliffe and Durn had flown to Sydney to conduct themselves. Finally, the `Alex Huntley' documents. Just before 6 p.m. they charged me with breaking section 1 of the 1989 OSA. The duty sergeant refused bail and remanded me in police custody until a magistrate's hearing on Monday.
`At least Ratcliffe did not try to charge you for the Huntley passport and driving licence,' Wadham explained to me sympathetically after the duty sergeant had left us for a moment. `They could have charged you under the 1911 OSA for that, which carries a maximum sentence of 40 years.' Several months later Wadham learned that MI6 had pressed the police hard to charge me under this act. Thankfully, Ratcliffe argued that the charges would not stick because I had not knowingly stolen the documents.
Although the prospect of prison was unpleasant, I was not unduly worried. Indeed, I felt a sense of relief. By arresting and charging me, MI6 were blatantly exposing their hypocrisy in preventing me taking them to the tribunal. If the courts were `secure' enough for them to prosecute me for breaking the OSA, then why were they not `secure' enough for me to take them to an employment tribunal? My arrest would get considerable media coverage and it would be more embarrassing and damaging for MI6 in the long-run than it would be for me. Indeed, there were positive aspects of the arrest: until then I had been referred to as `Agent T' in newspaper reports because MI6 had used an injunction to suppress publication of my real name. Now my name would be in the public domain and I would be able legally to tell friends, relatives and future employers about my previous career and the shoddy way I had been treated. It was quite a relief to leave the shadows, even if it was via a dark prison cell.
Later that evening the duty sergeant unlocked my cell and took me to the forensic laboratory where police technicians took my fingerprints and photographs and a DNA sample by scraping the inside of my cheek with a spatula. The data would be stored on the police's central computer. `If you are acquitted of the charge then you can apply to have these records destroyed,' explained the technician, `but until then, welcome to the criminal fraternity,' he added with a smile.
The remainder of the weekend was spent in the dirty cell with Gladstone for company. I wondered what MI6 hoped to achieve by prosecuting me. Passing the synopsis to Martyn had done no harm - it probably had sat gathering dust in her filing cabinet until Federal Agent Jackson visited. Even if she had shown it to the top dog in the KGB, it was anodyne and innocuous. Prosecuting me would not solve the dispute, it would just exacerbate it. Even if they gave me the maximum sentence of two years, I would be out of jail relatively soon, and then what? On release I would be without a job and a lot more pissed off.
On Sunday afternoon I was permitted a short visit from my father, who had driven down from Cumbria bringing a change of clothing and a wash-kit so that I could be presentable for my bail hearing the following day. Wadham came later that evening to discuss the appearance. `I've found a good barrister to argue your case,' he announced. `Owen Davies is a flamboyant character, who has a good reputation for taking on political
and human rights cases. He's really keen to take you on - it'll make a change from representing death-row inmates in Jamaica,' John added encouragingly.
Inevitably I/OPS would have been working over the weekend to ensure that Monday's media would report my arrest with favourable spin, so we batted back by drafting a short counter-spinner. It was a prudent move, as the Monday morning early edition broadsheets and the Today programme on BBC Radio 4 all initially quoted the MI6 line that I had been arrested for `selling secrets'. It was only when they received our own release that they moderated their line to report that I had merely shown a short synopsis to an Australian publisher.
On Sunday night, I asked the duty sergeant to open me up early in the morning to give me time to wash and shave. Permission was granted but the request `forgotten', so the next morning I was handuffed and escorted to Bow Street magistrates court unshaven and unwashed. It was a trivial but demeaning little ploy to ensure that I looked as disreputable as possible.
A Group 4 security van picked me up from the police station and in the cells at Bow Street their officers strip-searched me again. `You'll be up in the dock in about 15 minutes,' the young guard informed me, `would you like anything to drink?' I sat down, sipped the sickly sweet tea and tried to read Gladstone.
At last the door clanked open and the Group 4 guards entered the cell to re-handcuff me. My cell was at the end of a long corridor, and as we passed cell after cell captive faces pressed up against the tiny door hatches to see what was going on. `Cor, he's all right,' screamed one female. `Put `im in in here with me, and I'll sort him out for ya'.'
The Big Breach Page 29
