From The Times
February 5, 2008
Illegal bug uncovered in second UK prison
Richard Ford, Home Correspondent and Sean O'Neill, Security Editor
Video briefing: who is Babar Ahmad?
Bugging devices planted in a prison telephone were illegally used to
record privileged conversations between an inmate and his solicitor,
The Times has learnt.
Defence lawyers said last night that the breach confirms long-held
suspicions that the recording of legal visits is widespread. Security
experts told The Times that they believed that dozens of prisoners
are routinely the subject of covert surveillance.
The revelation comes days after it emerged that an MP's meeting with
a jailed constituent had been recorded. However the taping of legal
meetings is considered far more serious because it may breach a
defendant's rights and has the potential to collapse criminal trials.
The full transcripts of the taped conversations with a 71-year-old
man who is serving life for murder only came to light because they
were disclosed to Simon Creighton, the solicitor who was caught up in
the surveillance.
The revelation will bring demands for Jack Straw to widen the
official inquiry into the bugging of Sadiq Khan, a Muslim MP visiting
a terror suspect, to investigate the extent of covert surveillance in
Britain's prisons.
Mr Straw, the Justice Secretary, told MPs yesterday that Sir
Christopher Rose, the Chief Surveillance Commissioner, is to head an
inquiry into the bugging of a conversation involving Mr Khan and
Babar Ahmad when the MP visited him in Woodhill jail.
Mr Creighton's case involves Harry Roberts, who was convicted of the
murder of three police officers in Shepherd's Bush, West London, in
1966. Last night the solicitor said: "If they are prepared to go to
these lengths in this case, it makes one wonder what they are
prepared to do with other prisoners, particularly those convicted of
serious offences."
Roberts, currently in Littlehey prison in Cambridgeshire, is involved
in a long battle to be released on parole. His 30-year minimum term
expired 11 years ago.
His parole hearings have been held in secret but in documents sent to
his solicitor, a government-appointed lawyer included transcripts of
bugged telephone conversations. Two transcripts of discussions
betweeen Mr Creighton and Roberts when he was in Channings Wood jail
were found with other legal documents.
The transcripts of calls made in 2005 and 2006 include every word
spoken from the moment that a receptionist at Mr Creighton's firm
answers the phone to Roberts and he asks: "Can I speak to Simon".
Mr Creighton said that the transcripts included discussions of legal
tactics that he was going to employ in court proceedings planned as
part of Roberts's struggle to win parole. They also included
discussions about problems that Roberts was having in jail.
Mr Creighton, of Bhatt Murphy solicitors in London, said: "I am
deeply shocked by this breach of such an important and fundamental
right. It is especially worrying that it occurred in this case where
there were already heightened sensitivities because of the decision
made by the parole board to receive secret evidence.
"Had the secrecy order not been lifted it would never have come to
light and it makes me wonder whether this is a more common practice
than anyone has previously dared to imagine."
He said that the bugging of legal telephone calls was a breach of
common law and the European Convention of Human Rights.
It is not clear whether the bugging operation was being operated by
the police or prison service.
The telephone calls of all prisoners are subject to monitoring but
the recording or monitoring of calls to legal advisers is banned.
Prisoners have expressed concerns frequently that telephone calls
with their lawyers and legal visits are being bugged. Mr Creighton
said: "There has always been a degree of paranoia among prisoners
that their calls are recorded. Sometimes they say that clicks heard
during conversations are recordings being switched off. Whenever this
has been raised with the authorities they have always denied it."
Gareth Peirce, Mr Ahmad's solicitor, said that defence lawyers had
written to the governors of Woodhill and Belmarsh prisons on a number
of occasions seeking assurances that legal visits were not being bugged.
Ms Peirce said: "Many prisoners . . . believe that their visits are
being listened to and defence lawyers are concerned that they are not
able to reassure them on that score.
"The position is very disturbing. Bugging of legal visits would be a
serious intrusion. There is an absolute right to confidentiality when
it comes to legal visits. To justify such a thing happening would
need the Home Secretary to authorise it. If it were found to have
happened, that would have the most enormous consequences.".
The Ministry of Justice said last night: "The Justice Secretary was
not previously aware of this matter.
We will consider what further steps are needed once we have more information."
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Received on Sat Mar 02 2024 - 00:57:27 CST