False Evidence in Nazi Spy Case Called a Serious Failure by Intelligence Watchdog

Investigation finds courts misled

The Investigatory Powers Commissioner’s Office (IPCO) examined how MI5 presented false evidence to three courts while defending the abusive informant known as agent X. The investigation was first exposed by the BBC.

Lord Leveson said the case was among the most serious he had dealt with as commissioner. He said the inquiry had concluded that both IPCO and the courts were misled.

Abuse and intelligence work

Agent X coercively controlled his partner, identified by the alias Beth, and attacked her with a machete. While police were investigating him, MI5 helped him travel abroad to continue intelligence work.

MI5 said it had maintained the policy known as NCND, meaning neither confirming nor denying relevant information. As a result, courts allowed information to remain secret from Beth and others, leaving her at a serious disadvantage.

A senior MI5 officer tried to protect the informant, falsely claiming he was neither an abusive misogynist nor a genuine extremist. The officer repeatedly departed from NCND policy and wanted the reporter to meet the agent.

Other agencies face criticism

IPCO also criticised the National Crime Agency over its management of a juvenile informant, a child under 18. It found that the agency had not recorded circumstances that would justify the lack of an appropriate adult.

The child was also tasked with criminal conduct without valid legal authorisation, according to the findings. IPCO oversees MI6 and GCHQ, as well as covert powers and the use of informants by police and other agencies.

GCHQ data concerns remain

Lord Leveson raised concerns that GCHQ still could not say what had happened to removable media that might contain sensitive data, years after he first raised the matter. He said IPCO remained very concerned and was disappointed by the time GCHQ had taken to investigate the issue.