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Terror laws being used for 'Soviet-style cover up' in case of ambassador's leak to lover, court told

Lord Darroch - Alex Wong/Getty Images
Lord Darroch - Alex Wong/Getty Images

Using terror laws to hide evidence relating to claims that Britain’s ambassador in Washington leaked intelligence to his alleged lover is a “Soviet-style cover up”, a court has heard.

A senior civil servant has told the High Court that counter-terrorism legislation was being “weaponised” to try to thwart a case he is bringing against the Government.

The man was arrested on suspicion of leaking diplomatic cables and had his home raided by counter-terrorism police a day after Lord Darroch was warned that claims he was having an affair with a CNN reporter were about to be published.

The civil servant claims his arrest was part of a “disinformation campaign to protect Lord Darroch”, the former UK ambassador to the US, to “maintain diplomatic prestige”.

Now, the man is suing James Cleverly and Kemi Badenoch, two Cabinet ministers, for misfeasance in public office because they were the nominated head of the two departments he claims were involved at the time.

‘We expect this from totalitarian regimes’

At a preliminary High Court hearing in London on Wednesday, the civil servant issued a statement criticising an attempt by lawyers for the defendants to use the Justice and Security Act 2013 to restrict his legal team and the press’s right to hear evidence regarding sensitive material.

A separate hearing is due to decide whether the Act, normally used in terror cases, will be triggered meaning only a special advocate can examine sensitive material.

Paul Diamond, reading his client’s statement, claimed: “The Civil Service is attempting to weaponise counter-terrorism legislation in an effort to block the press and the public from any High Court claim against James Cleverley and Kemi Badenoch.

“Any corrupt or foolish Tory government minister who signs off an application under the Justice and Security Act to block the press and the public should be ashamed of themselves for such Soviet-style behaviour.

“We expect this from totalitarian regimes such as Russia, China and North Korea. It’s an outrage that it could happen in the UK.”

In July 2019, Lord Darroch resigned after diplomatic cables were published in a Sunday paper in which the then ambassador described Donald Trump, the then US president, as “dysfunctional” and “clumsy and inept”.

Civil servant denies leaking cables

The Government launched an inquiry into the leak and counter-terrorism police were brought in to hunt down the mole.

In October 2020, Lord Darroch was approached by The Sun newspaper about a story it was going to run claiming he was under investigation by US authorities for allegedly leaking sensitive information to Michelle Kosinski, a CNN reporter, he was said to have had an affair with.

Michelle Kosinski - Paul Morigi/WireImage
Michelle Kosinski - Paul Morigi/WireImage

Last month, The Telegraph revealed that court papers in this new legal battle show how “14 fully armed officers from counter terrorism command” raided the civil servant’s home, despite him having only recently recovered from cancer surgery.

The civil servant, who was never charged, has always denied any involvement in leaking the cables, but instead claims his details were given to police by officials in the Foreign Office and Department for International Trade.

Although Lord Darroch has never commented on the claims, Ms Kosinki denied any affair took place or that she received leaked information from the ambassador.

Despite the civil servant’s lawyers attempting to stop the application to use the Justice and Security Act 2013, a hearing and decision will be made at a later date.