Thursday, February 23, 2023

Betrayal of Country And Its Penalty

"I am sure that you committed these crimes intending to assist Russia ... "
"Your motive in assisting them was to damage British interests."
"You were paid by the Russians for your treachery."
Judge Mark Wall, Old Bailey Courthouse, London
 
"[David Ballantyne Smith was motivated by] greed and a hatred of our country."
"That hatred was palpable and led him into engaging in what can only be described as really despicable behaviour."
Nick Price, head, Crown Prosecution Service, Special Crime and Counter Terrorism Division
 
"He betrayed us all and put our embassy and our country at risk."
"I'm, grateful to MI5 and their amazing officers, the police and our German partners for seeing him put on trial and sentenced."
British Security Minister Tom Tugenhat
A still from a covert camera shows Smith taking a video of CCTV monitors in the British embassy security kiosk in Berlin
A still from a covert camera shows Smith taking a video of CCTV monitors in the British embassy security kiosk in Berlin. Photograph: Metropolitan police/AFP/Getty Images

The court was addressed by Smith as he told them he was ashamed of what he had done. He had, he explained, filmed the documents in question after "seven pints of beer". It just "seemed like a good idea at the time." 
"Your regrets are no more than self-pity", responded the judge, rejecting the man's statement of remorse.

58-year-old David Ballantyne Smith, a former security guard posted at the British embassy in Berlin, passed hugely sensitive information to Russia. He was well paid for his efforts in collecting confidential data for over three years, including a secret letter from ministers to then-prime minister Boris Johnson, along with additional sensitive documents. For this, Judge Wall sentenced him to prison for over 13 years.

Although Smith pleaded guilty to eight charges under the Official Secrets Act, including conduct between 2020 and 2021, the judge felt his "subversive activities" had truly been initiated even two years before. Smith, according to prosecutor Alison Morgan, had forwarded a letter containing "highly sensitive information" relating to the embassy and its staff to General Major Sergey Chukhrov, his counterpart at the Berlin embassy.

The letter he sent to the Russian military attache in 2020 written on British embassy-headed notepaper, provided the names, home addresses and telephone numbers of embassy staff. Enclosed with the letter were documents written by the British embassy's lead officer dealing with Russia. The letter's discovery initiated a joint investigation between British and German authorities, described by Justice Wall as a "sting operation".

A USB stick containing several photographs of embassy staff and diplomatic passports was discovered in a search of Mr. Smith's Potsdam, Germany home. The court heard from Smith of his regret, but they were understandably unimpressed. Guilty as charged.
"[Smith] abused his position in the British Embassy in Berlin [to carry out] an attack on our country."
"His actions were not just driven by money and greed. On multiple occasions, he expressed a strong dislike towards the U.K. and Germany and expressed sympathy with the Russian authorities."
"These beliefs may have caused further damage had Smith not been discovered and prosecuted."
Nick Price, Crown Prosecution Service

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