Software engineer leaked UK missile system secrets and refused to hand cops his passwords, Old Bailey told
- Reference: 1603906319
- News link: https://www.theregister.co.uk/2020/10/28/simon_finch_official_secrets_passwords_trial/
- Source link:
Simon Finch, of Swansea, is said by prosecutors to have emailed details of the unidentified missile system to nine separate addresses. He was charged with offences under the UK's Official Secrets Act as well as the Regulation of Investigatory Powers Act (RIPA) last year, as [1]we reported at the time .
Mark Heywood QC, prosecuting, [2]told the Central Criminal Court in London: "Expert evaluation has concluded that the release of information of that kind, for example to a hostile adversary of the UK, would give them an understanding of the function of that relevant system which in turn would allow them methods of countering it."
Finch, who worked for both BAE Systems and defence research firm Qinetiq, was said to have encountered "problems in his personal life" before losing his job in 2018. As his life spiralled downwards, fuelled by two homophobic assaults which he claimed police ignored, Heywood told the court that Finch "complained of mistreatment which he said amounted to torture at the hands of police".
Merseyside Police allegedly mistreated Finch after arresting him for carrying a hammer and a machete in a public place, something he claims to have begun doing after the attacks.
Finch, said Heywood as he read from the email the engineer sent, was allegedly forced to defecate on the floor of his prison cell because police wouldn't get him to a toilet in time. The Crown alleges that Finch wrote and sent the email – which included details of the missile system's workings – because he wanted revenge against the UK in general after having his complaints about police mistreatment ignored by everyone he approached.
When police began investigating his October 2018 disclosures Finch did not cooperate, the prosecutor told the jury as [3]reported by newswire Court News UK : "Later on, even after things came to light, he committed, consciously, a further offence. That is to say when he was asked quite simply to give up the passcodes for his electronic devices and given a formal notice to do that, so as to assist the investigation and prevent risk of further disclosure, he refused, so committing a further criminal offence."
Finch faces two charges under the Official Secrets Act: recording information for any purpose prejudicial to the safety or interests of the state which was calculated to be or might be or was intended to be directly or indirectly useful to an enemy; and making a damaging disclosure. He is also charged with failing to reveal his passwords to a police worker, under the Regulation of Investigatory Powers Act 2000.
The RIPA clause relating to relinquishing a password was [4]introduced in 2007 and has been controversial ever since. A government barrister called for [5]key safeguards around misuse of the power to be watered down back in January .
Finch denies all charges. The case, under judge Mrs Justice Whipple, continues. ®
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[1] https://www.theregister.com/2019/10/10/simon_finch_ex_bae_systems_charged_official_secrets_act/
[2] https://www.walesonline.co.uk/news/wales-news/simon-finch-swansea-secrets-trial-19173568
[3] https://courtnewsuk.co.uk/spy-acted-in-revenge-after-had-to-defecate-on-the-floor/
[4] https://www.theregister.com/2007/10/03/ripa-decryption_keys_power/
[5] https://www.theregister.com/2020/01/23/weaken_forced_decryption_safeguards_govt_lawyer_says/
[6] https://whitepapers.theregister.com/
Re: RIPA
This may be RIPA being used as intended: a safety net to secure a conviction in the absence of adequate evidence of another crime.
It doesn't excuse the utter miserable shittiness of that part of RIPA, or the wrongness of it passing into law in the first place.
Re: RIPA
Did I misread you or are you advocating that people should be convicted without adequate evidence?
Re: RIPA
There is a crime. When asked for his passwords he refused to give them.
It is, of course, a whole different question about if that refusal should be a crime. I fear that "Think of the children etc" makes it unlikely that such provisions will ever be repealed.
Re: RIPA
I believe you misread; he said *the police and politicians who wrote this law* intended it to be used that way. Which is true. He didn't say that was desired by him, or by anyone else except the police and politicians.
Re: RIPA
As I recall from previous El Reg coverage, RIPA has potential to be the big problem for him - they can ask him again at some point in the future (e.g. just before a jail term ends) to give up the passcode(s) to his devices, and if he again refuses then it's another offence and opportunity for another trial, conviction, and time in prison. And repeat ad infinitum. Of course, if he's forgotten the passcode(s) at that point in time then that might be legitimate basis for not handing them over, but for that you've got to convince a court...
Sounds like this guy needs to be receiving psychiatric care rather than being dragged through the courts
But....
....we must always prosecute under the Official Secrets Act to discourage the others.
And also....
....if he just gets treatment, he could eventually be released. I believe governnent has different ideas about his log-range domicile.
I feel sympathy. I have often wondered out cruising for partners down the pub, with a hammer and my trusty machete (and been dumb enough to get arrested).
Seriously though, the options are: schitzophrenic breakdown; or drug-induced schitzophrenic breakdown (the machete would hint towards the latter option).
If you are in any doubt about his sanity, he allegedly purchased the machete because his mental health counsellor "teased him" about the "nunchuks" he was carrying for "protection" on nights out down the pub. Even more peculiar, his irate behaviour towards the police and the "two homophobic attacks" is odd, as he allegedly had abuse shouted at him, but told the police he is not gay, so they did not prosecute.
Then he went and sent these details of the missile system to the Guardian, a trade union, law firms and "several foreign nations". OOOOOOPH. Away you go to horny jail young sir!
Gmail account?
If he had emailed the information to his Gmail account then everything would have been revealed ... and he would now be getting lot's of "recommendations" from google for November 5th fireworks.
But seriously - we have a conviction for doing something that would be a crime if he has Putins email address on his phone, but would sound more like needing some mental health care if he sent the information to Mother Jones and George Monbiot instead; that's hardly a crime, just stupidity - and stupidity is normal in government these days. Essentially he's been convicted of a crime that nobody is allowed to know the details about - that's injustice in action.
Mustard-coloured Jumper Man
Well the jurors apparently get to hear details about the weapons system he revealed to email recipients. However, no public or journos allowed for that part.
I find it rather poignant in the Indy's article about the case that he is described as wearing a "mustard-coloured jumper and tinted spectacles." I feel bad for anyone who wears a mustard-coloured jumper. That alone would make me question his mental condition.
https://www.independent.co.uk/news/uk/crime/uk-missile-system-leak-trial-defence-worker-simon-finch-mp-b1374856.html
Re: Mustard-coloured Jumper Man
"I feel bad for anyone who wears a mustard-coloured jumper" Not a Captain Kirk fan, eh?
Re: Mustard-coloured Jumper Man
Mustard colour jumpers were highly fashionable in the winter of 2018/2019.
I have two cardigans that colour that I bought then. I'll still wear them because cardigans last for a couple of decades.
put him in chokey
and leave him there until the heat death of the universe
"has been controversial ever since"
RIPA was controversial long before it became law.
I remember the admission of a crime encrypted and copied onto a floppy disk, mailed to (I believe) the Home Secretary, and the original document and encryption key being destroyed. This left the Home Secretary vulnerable to indefinite imprisonment according to a draft of RIPA.
RIPA
“ He is also charged with failing to reveal his passwords to a police worker, under the Regulation of Investigatory Powers Act 2000.”
There are plenty of other things on the books that could be used to charge him against, using RIPA for this guy exposes its failings.