The former MI5 officer, Mr David Shayler, appeared in court in London for the first time yesterday charged with breaking the Official Secrets Act. During a relaxed hearing, bail conditions were varied so that he could watch his favourite football team play at the weekend.
Mr Shayler's bail conditions stipulated that he must live with his brother, Philip, in Wimbledon. But in an unusual development at Bow Street Magistrates Court, the Chief Metropolitan Stipendiary Magistrate, Mr Graham Parkinson, granted Mr Shayler permission to stay with a friend so that he could attend tomorrow's Premiership match between his favourite team, Middlesbrough, and Leeds United.
Commenting on the immense interest in Mr Shayler's case, Mr Parkinson quipped: "Just imagine the publicity if the chief magistrate stopped him."
Mr Shayler returned from self-imposed exile in France earlier this week and was immediately arrested and taken to Charing Cross police station, but was released on bail a few hours later. He faces two charges of breaking section one the Official Secrets Act, which he is bound by for life as a former member of the domestic intelligence service.
The charges relate to allegations he made in the Mail on Sunday in 1997 that MI5 kept secret files on prominent politicians, including the Northern Ireland Secretary, Mr Peter Mandelson, and the Home Secretary, Mr Jack Straw, who was described as a "communist sympathiser".
The formal charge against Mr Shayler was read out in court and it said that on or before August 24th, 1997, he had "without lawful authority disclosed documents relating to security or intelligence which were in your possession by virtue of your position". Mr Shayler argues that his allegations were made in the public interest and that human rights legislation, which will be introduced in England and Wales on October 2nd, guarantees his right to freedom of expression and can be applied retrospectively.
His solicitor, Mr John Wadham, of the civil rights group Liberty, said Mr Shayler would be pleading not guilty to the charges. But appearing for the prosecution, Ms Carmen Dowd said Mr Shayler's allegations had damaged British national security. Mr Shayler is due to appear in court again on September 21st.
After the hearing, Mr Shayler said he was "very glad" that the legal process had finally got underway. "It is good to have the opportunity to appear in open court. I'm glad the legal process has begun. It gives us all the chance to examine the Official Secrets Act in the light of the human rights legislation."