26 February 1992
G Underwood Esq
C7 division Home Office Queen Annes Gate LONDON
CONFIDENTIAL
HKD 384/1
Foreign & Commonwealth
Office
London SWIA 2AH
Telephone: 071-
Hom: office reply
at (59)
Dear Geof.
LORRAIN OSMAN
1. Please refer to John Woodrow's letter of 14 February about the publication by Kevin Cahill of a number of confidential FCO telegrams in his booklet "HM Prison Brixton, Justice Betrayed."
2.
As you know, we are considering the question of referring Mr Cahill's case to the DPP. I would be grateful for your views and for those of your legal advisers on whether a prosecution is likely to have any damaging implications for the conduct of the Osman extradition case: eg whether it would be likely to furnish grounds for further habeas corpus applications by Osman, or otherwise delay the execution of a removal order.
3.
In our view there are advantages in handing over the papers to the DPP. It could in any case be said that it is our public duty, once a deliberate release of classified material has taken place, in an area which is still subject to the criminal sanctions of the official Secrets Act under the reformed Section 2, to report the matter to the proper authorities. It is of course the case that, under the reformed section 2, a prosecution will only be possible if the disclosure satisfies the "damage test". But this judgement, and the judgement as to whether a prosecution would or would not be in the public interest, are ones which only the Director of Public Prosecutions can make. If the DPP needs policy guidance, he will seek it from the Attorney General whose consent is in any case required for charges to be brought under the Act.
JM1ABR SLM
CONFIDENTIAL
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