Lecture: What can we do to counter the Spies?

My CCC talk in Ber­lin in Decem­ber 2007 about the role of Intel­li­gence agen­cies in society.

In the name of pro­tect­ing nation­al secur­ity, spy agen­cies are being giv­en sweep­ing new powers and resources. Their intel­li­gence has been politi­cised to build a case for the dis­astrous war in Iraq, they are fail­ing to stop ter­ror­ist attacks, and they con­tin­ue to col­lude in illeg­al acts of intern­ment and tor­ture, euphemist­ic­ally called “extraordin­ary rendi­tion”. Most west­ern demo­cra­cies have already giv­en so many new powers to the spies that we are effect­ively liv­ing in police states. As an informed com­munity, what can we do about this?

Here is the present­a­tion page on the CCC-2007-web­site. A video of the talk can be down­loaded from the talk-page or watched dir­ectly through Google-video. I was hon­oured to receive a stand­ing ova­tion at the end of my talk.  A write-up of the talk can be found here.  Enjoy!

Emel Magazine, November 2007

Inter­view in Emel Magazine, Novem­ber 2007

Table Talk

Espi­on­age, intrigue and life-on-the-run are all part and par­cel of Annie Machon’s his­tory. Sad­ia Chow­dhury speaks to the former MI5 agent about the con­sequences of expos­ing what goes on behind the scenes at one of the world’s most renowned secret
services.

It was the Sat­urday night of the August bank-hol­i­day  week­end in 1997 when Annie Machon and her boy­friend packed their bags and took the first two seats they could find out of Bri­tain.  They had spent the last ten months of
their lives try­ing to settle into their new jobs know­ing that a day would come when they would blow the whistle on  their former employer
and turn their lives upside down.

Machon had turned her back on a six-year career as a spy to stand by the man she loved.  Her boy­friend was Dav­id Shayler, a high-fly­ing MI5 officer who exposed, what he said, was the Intel­li­gence Ser­vice’s plot to assas­sin­ate the Liby­an lead­er, Muam­mar Gaddafi.

The two are no longer togeth­er but as we meet for cof­fee in a Lon­don hotel, Machon shows no regret at the way things took shape.  Dressed entirely in black, it’s her sun­shine blonde hair that lights up an oth­er­wise dull back­ground to the city’s scaf­fold-clad landscape.

Her life as an MI5 officer was no James Bond film, but you can still see that Machon is the per­fect spy.  With an unsus­pect­ing face and a hand­shake that feels like you have known her all your life, the 39 year old cam­paign­er res­cinds the myth of the glam­or­ous, mar­tini-sip­ping spy world.  “No, it’s much, much more mundane”, she laments before telling me that much of the job can con­sti­tute mind numb­ing behind-the-desk work.

But unknown to Machon at the time, a career that star­ted off as a simple applic­a­tion to work for the For­eign Office, soon developed into a plot fit for a block­buster Hol­ly­wood movie.

My first reac­tion was ‘It’s MI5!’  I was really quite frightened”, she says, recall­ing a let­ter from the Min­istry of Defence which offered her altern­at­ive jobs with the Intel­li­gence Ser­vices.  “My fath­er was with me when I opened the lat­ter and he just said ‘let’s see what happens’. ”

What ‘happened’ was ten months of intens­ive applic­a­tion pro­cesses for the Cam­bridge Clas­sics stu­dent to under­go at the estab­lish­ment. Recov­er­ing from a post-Cold War repu­ta­tion marred with embar­rass­ing rev­el­a­tions and intel­li­gence fail­ures, Machon says her recruit­ers insisted they were aim­ing to work with­in the leg­al frame­work for the
first time.

It was 1990, only one year after the Secur­ity Ser­vice Act placed the Ser­vice on a statutory
basis: a fact that helped Machon believe what she was being told. “They were say­ing ‘we obey the law, we work with­in the law; we don’t do all the polit­ic­al stuff like we used to’.  But unfor­tu­nately my first post­ing was in the polit­ic­al sec­tion so I learnt quite quickly that they had lied to me.”

Machon con­fesses a scep­tic­al atti­tude soon developed after she was instruc­ted to uncov­er “old com­mun­ists” sum­mar­ising files on any­body who stood for par­lia­ment in the 1992 elec­tions.  Shar­ing her strong con­cerns was one Dav­id Shayler, a former Sunday Times journ­al­ist who had worked with her in F2, the counter-sub­ver­sion sec­tion of MI5.

With­in a year, the two fell in love — a bond that was to see them stand togeth­er against what she describes as a cata­logue of errors and crimes com­mit­ted by MI5.  “There was a lot of con­cern about how MI5 was­n’t obey­ing the law and how it was get­ting its pri­or­it­ies wrong,” Machon says, hasten­ing to add that oth­er officers had approached man­age­ment with their con­cerns only to be told to shut up.  “Most organ­isa­tions are pyr­am­id shaped and MI5 has this bulge in the middle, full of man­agers who aren’t going any­where because they’re not very good at their jobs.  But they don’t get sacked and they were the ones block­ing a lot of the new ideas that were com­ing in.”

One con­sequence of this incom­pet­ence, Machon explains, left MI5 with blood on its hands. Machon and Shayler were moved to T Branch, where they worked on coun­ter­ing Irish ter­ror­ist threats.  Shayler was to claim later that MI5 could have pre­ven­ted the 1993 IRA bomb­ing of Bish­opsgate in the City of Lon­don, which left one dead and 44 injured.

You’re in the fir­ing line,” Machon tells me plainly, paus­ing a moment as the wait­ress brings cof­fee to our table.  She goes on to describe the events that lead her to leave MI5 before slowly push­ing down on the fil­ter.  It was still the early 1990s and Machon’s part­ner Shayler was now head of the Liby­an desk, respons­ible for ‘Middle East­ern terrorism’.

He was allegedly briefed by his MI6 coun­ter­part about a plot to assas­sin­ate the Liby­an lead­er.  It is thought the plan involved fund­ing and equip­ping a Liby­an oppos­i­tion group which Machon describes as an “Islam­ic extrem­ist net­work” to carry out the deed.  In March 1996, a bomb exploded in the coastal city of Sirte, miss­ing Gad­dafi’s motor­cade but killing sev­er­al civil­ians.  Shayler claimed that MI6 had been involved in the failed assas­sin­a­tion attack without the author­isa­tion of the then for­eign sec­ret­ary — as
required under Eng­lish and inter­na­tion­al law.  The Intel­li­gence Ser­vices denied any involve­ment in this, or sev­er­al oth­er cases that Shayler accuses the Ser­vice of being com­pli­cit in.  One of those incid­ents took place in July 1994, when a car bomb exploded out­side the Israeli embassy in Lon­don injur­ing 20 people: an attack Shayler says had pri­or know­ledge of and could have prevented.

Half-way through her cof­fee, Machon goes back to the events of 1996 when she and Shayler decided to leave.  “It was incre­ment­al because you got pos­ted every two years to a new sec­tion and you think ‘okay, that sec­tion was wrong but the new sec­tion has dif­fer­ent man­agers and is going to be bet­ter’.  But we moved three times and every time we saw the same mis­takes hap­pen.  Then the Gad­dafi plot pushed our decision to leave.”  Nor was it just Shayler and Machon who quit the Intel­li­gence Ser­vice that year.  Four­teen oth­er officers who had all been recruited around the same time left MI5 in the same year — up from an aver­age of two or three depar­tures a year.

It took about a year to get the whole thing work­ing.  After about ten months, we got this
phone call — Dav­id was called by The Mail on Sunday to meet the edit­or and we were giv­en three days notice that our lives were going to be turned upside down.”  Machon recalls how the Mail’s edit­or offered Shayler cash to leave the coun­try and avoid arrest.
“At that stage after a year of build-up, we just packed up and left.

The couple flew out to Hol­land, then on to France, spend­ing the next month on the run mov­ing from hotel to hotel almost every night.  Machon then decided to return to the UK, and does­n’t hes­it­ate as she relates the story — one she’s prob­ably told a thou­sand times but one that still brings a look of amuse­ment to her face.  “I flew back with my law­yer John
Wadham, head of Liberty, the human rights organ­isa­tion.  He had already told the police that I was com­ing back — on which flight, at what time, and that I was going to hand myself in.  So it was a bit of a shock to be met at immig­ra­tion by six Spe­cial Branch officers who pulled me off to a counter-ter­ror­ism suite in Char­ing Cross police station!”

Machon was released after a day of ques­tion­ing and a week later joined Shayler back in
France.  “We had ten months holed up in this freez­ing cold, really remote farm house.  And dur­ing that time we tried to nego­ti­ate with the gov­ern­ment say­ing ‘look, we have all this oth­er evid­ence to give you so you can build an enquiry’, but they just strung it out, kept us quiet, and did nothing.”

It was a par­tic­u­larly stress­ful time for both Shayler and Machon; as whis­tleblowers they had depended on sup­port from the press, but with Diana’s death just a week after their story broke, Machon says they lost the sup­port that had been build­ing amongst the media.  “We did­n’t know what to do.  We had no chance of get­ting anoth­er job because once you blow the whistle, oth­er big organ­isa­tions don’t trust you.”  But does she regret what she did?  “No.  You can­’t regret any­thing in life.  I am still proud of what Dav­id and I did.  Someone has got to take a stand sometimes.”

The ques­tion is of course, wheth­er she will have trouble tak­ing that stand now: espe­cially as after a dec­ade since The Mail on Sunday art­icle was released and after hav­ing spent years on the run togeth­er, Machon and Shayler split up last year.  Dav­id Shayler now lives in Devon and fre­quents the media over a dif­fer­ent rev­el­a­tion:  his recent con­vic­tion that he is the Mes­si­ah.  In a recent tele­vi­sion appear­ance he said “As the Holy Spir­it is God incarn­ate as essence, I am God incarn­ated as spir­it and man.”  Machon takes a moment to con­tem­plate and in reac­tion to my ques­tion simply says, “The stress just got to him.”  Her answers now become short­er and short­er.  “We sep­ar­ated last year”, before adding, “I’m sure even­tu­ally we’ll regain our friendship.”

But does­n’t Machon think her former part­ner­’s claims will ruin their cred­ib­il­ity?  “I think yes, it has des­troyed his cred­ib­il­ity and I think that’s tra­gic.  It’s a gift for the intel­li­gence agency — they can turn around and say ‘oh, well, he always was mad — he’s a fantasist’,
which is unfor­tu­nate because what we were talk­ing about was so import­ant in terms of where our demo­cracy is and who really runs this country.”

A final sip of cof­fee con­cludes our meet­ing as Machon pre­pares to leave the grey city­scape back­drop for yet anoth­er appoint­ment.  Though scorn of recent rev­el­a­tions seeks to under­mine what the two ex-spies were fight­ing for, when it comes to strug­gling to unveil the truth, Annie Machon for one can­not be as eas­ily dismissed.

AltVoices Article, June 2007

My art­icle in Alt​Voices​.org, June 2007:

THE OFFICIAL SILENCING ACT

Last month the UK’s dra­coni­an secrecy laws were again used to crim­in­al­ise two hon­our­able whis­tleblowers. The UK’s supine main­stream media failed both to ques­tion the valid­ity of these con­vic­tions and to hold the gov­ern­ment to account.

by Annie Machon

On May 9 Dav­id Keogh, a 50-year-old com­mu­nic­a­tions officer in the Cab­in­et Office, and Leo O’Con­nor, 44, a research­er for an anti-war Labour MP, were con­victed of breach­ing the Offi­cial Secrets Act (1989).

Keogh’s crime was to have leaked an “extremely sens­it­ive” memo to O’Connor, detail­ing a con­ver­sa­tion about Iraq between Tony Blair and George W. Bush in April 2004.

Keogh passed the doc­u­ment to O’Connor to give to his MP in the hope it would reach the pub­lic domain, expose Bush as a “mad­man”, and lead to ques­tions in Par­lia­ment. The memo was deemed to be so secret that much of the tri­al was held in camera.

Keogh was found guilty of two breaches of the OSA, O’Connor of one, and they received sen­tences of six months and three months respectively.

This bald sum­mary of the case was all that appeared in the main­stream UK media. No doubt many people will have taken this case at face value. After all, the UK should be able to pro­tect its nation­al secur­ity and impose tough leg­al sanc­tions for treach­ery, shouldn’t it?

Except that this was not treach­ery. Keogh and O’Connor were not passing the UK’s secrets to an enemy power. They acted from con­science to expose pos­sible wrong­do­ing at the highest level.

The media should have use this tri­al to address the ongo­ing debate in the UK about the con­tinu­al use and abuse of the OSA. Unfor­tu­nately for the Brit­ish people, the media toed the offi­cial line and kept quiet.

The UK’s secrecy laws are a very Brit­ish muddle. The first OSA was enacted in 1911 to pro­sec­ute trait­ors. This law remained in place until the 1980s, when the Thatch­er gov­ern­ment was rocked by the alleg­a­tions of civil ser­vant Clive Pont­ing about a cov­er-up over the attack on the Argen­tine ship the Gen­er­al Bel­grano dur­ing the Falk­lands War.

Dur­ing his tri­al, Pont­ing relied on the pub­lic interest defence avail­able under the 1911 Act. He was acquit­ted, and the Con­ser­vat­ive gov­ern­ment imme­di­ately drew up a new law, the 1989 OSA. This new law was designed primar­ily to intim­id­ate and silence whis­tleblowers. Treach­ery is still pro­sec­uted under the 1911 Act.

The 1989 Act, opposed at the time by Tony Blair and most of the cur­rent Labour gov­ern­ment, ensures that any­one who is or has been a mem­ber of the intel­li­gence com­munity faces two years in pris­on if they dis­close inform­a­tion relat­ing to their work without per­mis­sion, regard­less of wheth­er they are blow­ing the whistle on crim­in­al activity.

Since com­ing to power in 1997, Blair’s gov­ern­ment has repeatedly used this Act to sup­press legit­im­ate dis­sent, silence polit­ic­al oppos­i­tion and pro­tect crim­in­als with­in the intel­li­gence establishment.

In 1997, MI6 whis­tleblower Richard Tom­lin­son had no option but to plead guilty dur­ing his tri­al, and was sen­tenced to six months in prison.

Around the same time MI5 whis­tleblower Dav­id Shayler dis­closed the illeg­al 1995 MI6 plot to assas­sin­ate Col­on­el Gad­dafi of Libya, as well as a string of oth­er crimes com­mit­ted by MI5.

Dur­ing his tri­al Shayler argued that, under Art­icle 10 of the European Con­ven­tion of Human Rights, legis­la­tion such as the OSA is only pro­por­tion­ate in sup­press­ing a whistleblower’s right to speak out in order to pro­tect “nation­al security”.

How­ever, his judges effect­ively ruled that this right should also be cur­tailed for “nation­al interest” con­sid­er­a­tions. This neb­u­lous concept, undefined for the pur­poses of the OSA, is routinely wheeled out to spare the blushes of politi­cians and incom­pet­ent spy agencies.

In 2002 Shayler did win from the courts the defence of “neces­sity”. How­ever, the Law Lords spe­cific­ally denied him this defence without hear­ing his evid­ence. Shayler was con­victed in Novem­ber 2002 of three breaches of the OSA and sen­tenced to six months in prison.

In 2003 the late Dr Dav­id Kelly would also have faced an OSA tri­al for his alleged com­ments about the gov­ern­ment “sex­ing up” the notori­ous dodgy dossier before the war in Iraq.

The 1989 OSA does not just apply to those in and around the intel­li­gence com­munity. Oth­er civil ser­vants, as well as journ­al­ists who pub­lish their dis­clos­ures, face the same pris­on sen­tence if the pro­sec­u­tion can prove “dam­age to nation­al secur­ity”. Keogh and O’Connor were con­victed under these pro­vi­sions, although the pro­sec­u­tion reportedly relied only on the “nation­al interest” argument.

The UK gov­ern­ment is increas­ingly con­cerned about secur­ity leaks dur­ing the unend­ing “war on ter­ror”, and is now talk­ing about doub­ling to four years the sen­tence for whistleblowing.

By fail­ing to chal­lenge this or to cam­paign for the res­tor­a­tion of the pub­lic interest defence, journ­al­ists are com­pli­cit in crim­in­al­ising hon­our­able people. The media’s craven atti­tude allows the gov­ern­ment and intel­li­gence agen­cies to con­tin­ue lit­er­ally to get away with murder.

November 2006 — Independent Interview

Forget Bond: MI5 wants cat-loving twentysomethings

Bri­tain’s spy­mas­ters are look­ing for a new kind of recruit to tackle a dif­fer­ent threat. The Inde­pend­ent’s Soph­ie Good­child and Lauren Veevers ask an ex-agent about the job.

They seek her here; they seek her there; that damned elu­sive cos­met­ic-buy­ing, weepy-watch­ing, cat-own­ing, Itali­an food-lov­ing, female couch potato with a mind like a spring trap. That is the new quarry of Bri­tain’s spymasters.

An advert­ise­ment spe­cify­ing these char­ac­ter­ist­ics has been placed in magazines by that hitherto shad­owy employ­er, the secur­ity ser­vice. It shows the back view of an Afro-haired, twenty-some­thing woman in a T‑shirt.

Those seek­ing work in the domest­ic secret intel­li­gence ser­vice, MI5, are referred to: mi5​ca​reers​.gov​.uk/​s​u​r​v​e​i​l​l​a​nce, where the invis­ible ink bri­gade says: “We par­tic­u­larly wel­come applic­a­tions from women and eth­nic minorities.”

Salar­ies for a mobile sur­veil­lance officer start at £24,121 for what MI5 describes as: “A
remark­able job, under­taken by remark­able people. But you would nev­er know to look at them. Because they need to blend into the back­ground, officers are of aver­age height, build and gen­er­al appear­ance.” The selec­tion pro­cess can take up to eight months and con­sists of intense inter­views and rig­or­ous aptitude tests.

For the post of intel­li­gence officer, hope­fuls receive a lengthy applic­a­tion form which
asks for examples of how you have worked co-oper­at­ively, used ini­ti­at­ive and judge­ment, and shown “drive and resi­li­ence”. Applic­ants who pass inter­view stages will, of course, be required to sign the Offi­cial Secrets Act.

One woman who did ful­fil the role for real is Annie Machon. Ms Machon, 38, joined MI5’s polit­ic­al and counter-ter­ror­ism depart­ment in 1991 on gen­er­al duties. Annie was so
dis­gus­ted by the secur­ity ser­vice’s fail­ings that she and her agent part­ner, Dav­id Shayler, went on the record, break­ing the Offi­cial Secrets Act. They spent two years on the run and Dav­id was jailed six months in 2002 for break­ing the Offi­cial Secrets Act.

Her advice for new recruits? “Don’t do it! When I star­ted, there were quite a few women that worked there but many of them were admin based. The main prob­lem the secur­ity ser­vices have is retain­ing agents. When Dav­id and I left, lots more did too — just not so publicly.”

The BBC’s pop­u­lar Spooks and the Amer­ic­an equi­val­ent, 24, have raised the profile
of MI5 as a female career option. But Ms Machon says, “Pro­grammes like Spooks are not really accur­ate and so glam­or­ise the job a bit, but I also think they high­light the dan­ger­ous side to the job which may put some women off. I nev­er saw the skills involved in gender terms. An officer requires a broad range of skills; intel­lect, organ­isa­tion­al skills, ana­lyt­ic­al skills and the skill to identi­fy a threat in the first place.

I don’t think that women make par­tic­u­larly bet­ter spies than men — but I sup­pose the gen­er­al per­cep­tion of an agent is male, so when inter­view­ing people they may open up more to a woman than a man.”

Ms Machon author of Spies, Lies and Whis­tleblowers: MI5 and the Dav­id Shayler Affair, said: “MI5’s wish list as far as recruits go is huge — but that does­n’t mean that the people who get through have all those things. When I was there the level of staff who were incom­pet­ent was a real worry. They have clearly broadened their recruit­ment policy but I expect that the long pro­cess with still be just as strin­gent. When I was a recruit­er we had 20,000 people apply­ing to be James Bond, but only about five got through.”

Jane Feath­er­stone, exec­ut­ive pro­du­cer of Spooks, said: “At first the intel­li­gence ser­vices were res­ist­ant, and they let that be known through former mem­bers who acted as tech­nic­al advisers on Spooks. Then they thought it might help to recruit new spies. They even used the first series to help with their advert­ising cam­paign. But they were deluged with people who thought the job involved walk­ing around in Armani sav­ing the planet.”

Mir­anda Rais­on, who plays MI5 agent Jo Port­man in Spooks, said the pro­duc­tion team tried to make the por­tray­al of female oper­at­ives as authen­t­ic as pos­sible. She said the ori­gin­al cast had met mem­bers of the intel­li­gence ser­vice to dis­cuss how to play
their roles.

They got a lot of lit­er­at­ure togeth­er from that, and since then, cast mem­bers have been giv­en a pack full of stor­ies on genu­ine oper­a­tions to learn from. There are lots of things you would­n’t expect in there: for example, how to oper­ate under­cov­er, or as a hon­eytrap — but it’s much more bru­tal than you’d imagine.”

MI5 is keen to receive applic­a­tions from eth­nic minor­it­ies to help infilt­rate Muslim ter­ror­ist groups. Its dir­ect­or gen­er­al, Dame Eliza Man­ning­ham-Buller, recently warned that MI5 is invest­ig­at­ing 30 known ter­ror plots in the UK.

Legal doublethink re whistleblowers — my CPBF article, July 2006

Thanks to Wikileaks the concept of whis­tleblow­ing is once again, rightly, back in the prime-time news slots.

To high­light the Brit­ish leg­al double­think when it comes to whis­tleblow­ing cases, I repro­duce below an art­icle I wrote in 2006 for the excel­lent UK Cam­paign for Press and Broad­cast­ing Free­dom organ­isa­tion (CPBF).

Basic­ally, the rul­ing stated that a whis­tleblower can­not repeat their own dis­clos­ures in pub­lic, even though any­one else in the world can:

Hogarth_judge In 2006 I had­n’t heard of Mr “Justice” Eady (he had yet to reach his max­im­um velo­city), but he seems to have built up of bit of form since then.  He is now most notori­ous for his pun­it­ive rul­ings in many “libel tour­ismcases and celeb sex scan­dals, not to men­tion the odi­ous concept of the super-injunc­tion, start­lingly exem­pli­fied in the Trafigura case about alleg­a­tions of dump­ing tox­ic waste off the Ivory Coast — one of Wikileak­s’s earli­er media suc­cesses.

Obvi­ously Eady, the man in charge of rul­ing on UK free­dom of expres­sion cases, was the per­son to go to if you had some­thing to hide.

Thank­fully he was replaced earli­er this year by Michael Tugend­hat QC, who flu­ently rep­res­en­ted the medi­a’s corner dur­ing the Shayler whis­tleblow­ing years, and some of Eady’s most egre­gious decisions have already been over­turned by his successor.

 

CPBF_Logo  Anoth­er suc­cess for Brit­ish justice — Annie Machon (31÷7÷06)

It was anoth­er resound­ing suc­cess for Brit­ish justice, accord­ing to Annie Machon. Mr Justice Eady gran­ted a per­man­ent injunc­tion against Dav­id Shayler in the High Court today (Fri­day 28 July). In a breath­tak­ing rul­ing, Eady stated that Dav­id was not entitled to present evid­ence or cross-exam­ine his accusers (again), but instead issued a sum­mary judge­ment based on asser­tions made by MI5.

This means that Dav­id can now only talk about a restric­ted range of dis­clos­ures — spe­cific­ally what appeared in the Mail on Sunday on 24 August 1997. This means that he can­not talk about a whole range of top­ics which are in the pub­lic domain and have already been cleared via the injunc­tion and for the pub­lic­a­tion of my book, Spies, Lies and Whis­tleblowers.

Spe­cific­ally, this means that, while I and the rest of the world can talk about state-sponsored false-flag ter­ror­ism, includ­ing the Gad­dafi plot, Dav­id is banned. Very con­veni­ent when the 911 cam­paign is tak­ing off.

The tem­por­ary injunc­tion was issued in Septem­ber 1997 on the expli­cit under­stand­ing that a full leg­al hear­ing would be needed before it could be made per­man­ent. Dav­id has now been denied this.

Also, the injunc­tion has been abused repeatedly, for example allow­ing the gov­ern­ment to spin lies against him when he wished to reveal the wrong­ful con­vic­tion of two inno­cent Palestini­ans, Samar Alami and Jawad Bot­meh, for the bomb­ing of the Israeli embassy in Lon­don in 1994. Also, when he tried to alert the gov­ern­ment to murder and a major ter­ror­ist attack organ­ised by MI6 officers in the Gad­dafi plot, he did so leg­ally via the injunction.

For his pains, he was the one thrown in pris­on in Par­is in 1998.

The injunc­tion has also repeatedly been used to intim­id­ate journ­al­ists (one of whom was tried and con­victed) and to stop the media invest­ig­at­ing the crimin­al­ity of MI5 and MI6. With this rul­ing, the judge has also abol­ished at one stroke the medi­a’s right to pub­lish whis­tleblowers’ testi­mony if they can argue it caused no dam­age to nation­al security.

If any future whis­tleblower emerges from the intel­li­gence ser­vices, and is injunc­ted, the media has lost this defence, enshrined by par­lia­ment in crim­in­al law (Sec­tion 1.5 of the OSA). And why is an injunc­tion neces­sary any­way? There already exists a crim­in­al sanc­tion under the Offi­cial Secret Act. The judge was kind enough to say that the injunc­tion was for David’s own good and would stop him hav­ing to break the OSA again! We are through the look­ing glass.

Yours in won­der­land, Annie

May 2005 — The Times

MI5 kept schoolboy on its files

The partner of David Shayler reveals how a letter to the Communist Party brought its youthful author to the attention of the security services

August 2005

A BOY who wrote a let­ter to the Brit­ish Com­mun­ist Party for a school pro­ject ended up with his own MI5 file, a former Secur­ity Ser­vice officer claimed yesterday.

The boy had asked for inform­a­tion for his school top­ic, but his let­ter was secretly opened by MI5 in the 1970s when the Com­mun­ist Party was still regarded as a hot­bed of sub­ver­sion, accord­ing to Annie Machon, who worked for the domest­ic intel­li­gence ser­vice from 1991 to 1996.

Ms Machon is the part­ner of Dav­id Shayler, the former MI5 officer jailed under the Offi­cial Secrets Act for dis­clos­ing inform­a­tion acquired in the service.

In a book which has been passed for pub­lic­a­tion by her former employ­ers, Ms Machon says that the schoolboy’s let­ter was copied, as was all cor­res­pond­ence to the Brit­ish Com­mun­ist Party at that time, “and used to cre­ate a PF (per­son­al file), where he was
iden­ti­fied as a ‘?com­mun­ist sympathiser’ ”.

On anoth­er occa­sion, a man who was divor­cing his wife wrote to MI5 claim­ing that she was involved in Com­mun­ism, and she was the sub­ject of a per­son­al file, Ms Machon claims in her book, Spies, Lies & Whistleblowers.

She saw the two files, among “more than a mil­lion” when work­ing at MI5, and claimed that they had been in the Secur­ity Ser­vice archives for 20 years. “Why was this inform­a­tion still avail­able to desk officers some 20 years after these indi­vidu­als had first come to atten­tion, in less than sus­pi­cious cir­cum­stances?” she writes.

Mr Shayler also made alleg­a­tions about the con­tents of per­son­al Secur­ity Ser­vice files
in 1997, after he left the agency. He said that there were files on Jack Straw, Peter Man­del­son, Peter Hain, Mo Mow­lam, John Len­non and the Sex Pis­tols, among oth­ers. Mr Shayler was charged under the Offi­cial Secrets Act for dis­clos­ing oth­er secret inform­a­tion acquired when he was a serving intel­li­gence officer, and was sen­tenced at the Old Bailey
to six months in pris­on in 2002.

Ms Machon, 36, who worked in three depart­ments of MI5 — counter-sub­ver­sion, Irish ter­ror­ism and inter­na­tion­al ter­ror­ism — joins a rel­at­ively short list of former Secur­ity Ser­vice officers who have man­aged to write books without end­ing up in jail.

The last former MI5 officer to get clear­ance was Dame Stella Rim­ing­ton, who was
Dir­ect­or-Gen­er­al of the ser­vice from 1992 to 1996.

Peter Wright, who made alleg­a­tions of bug­ging and burg­lary by the Secur­ity Ser­vice in Spycatch­er, pub­lished in 1987, got away with it by mov­ing to Tasmania.

Ms Machon repeats alleg­a­tions made by Mr Shayler that MI6 helped to fund an assas­sin­a­tion attempt against Col­on­el Gad­dafi, the Liby­an lead­er, in 1996. It was dis­missed by Robin Cook, the former For­eign Sec­ret­ary, as “pure fantasy”.

CPBF Article on the Shayler Trial

My art­icle in the Cam­paign for Press and Broad­cast­ing Free­dom journal:

In Novem­ber 2002 I wit­nessed one of the worst media stitch-ups in recent times. The Lon­don press has helped min­is­ters, many of whom voted against the Offi­cial Secrets Act (OSA) when it was passed in 1989, to per­se­cute, con­vict and impris­on MI5 whis­tleblower, Dav­id Shayler, with barely a murmur. 

From the start, the gov­ern­ment focused on tra­du­cing David’s char­ac­ter to divert atten­tion not only from his alleg­a­tions but also from Tony Blair’s fail­ure to even hear what Dav­id had to say.

In case we for­get, this includes MI5 files on gov­ern­ment min­is­ters, MI5 fail­ing to stop IRA bombs going off in the UK, the wrong­ful con­vic­tion of two inno­cent Palestini­ans for the Israeli embassy bomb­ing in Lon­don in 1994, and an illeg­al phone tap on a Guard­i­an journalist.

Most hein­ous of all was the fact that in 1995 two MI6 officers gave £100,000 of tax­pay­ers’ money to extrem­ists linked to Al Qaeda to assas­sin­ate Col­on­el Gadaf­fi of Libya. The attack went wrong, killing inno­cent civil­ians. Mal­colm Rif­kind, the For­eign Sec­ret­ary of the day, did not sanc­tion the assas­sin­a­tion attempt, mak­ing it a crime under the 1994 Intel­li­gence Ser­vices Act.

It also meant that shad­owy MI6 officers were decid­ing Brit­ish for­eign policy, not our elec­ted min­is­ters. So did our fear­less nation­al media call for the intel­li­gence ser­vices to be held to account? No. Instead craven edit­ors of nation­al news­pa­pers — who were only too
ready to enjoy the front-page stor­ies Dav­id provided — have left him to face the con­sequences of whis­tleblow­ing alone.

After sur­viv­ing three years of exile, he returned to the UK vol­un­tar­ily in August 2000. He then had to wait over two years for tri­al. After con­vic­tion, he spent three weeks locked up for 23 or 24 hours a day in an over­crowded 12’ x 8’ cell in HMP Bel­marsh before being trans­ferred to HMP Ford.

He had already served nearly four months in pris­on in Par­is, await­ing an unsuc­cess­ful extra­di­tion attempt. At tri­al, the gov­ern­ment felt that the risk of embar­rass­ment loomed large. The Home Sec­ret­ary, Dav­id Blun­kett, and the For­eign Sec­ret­ary, Jack Straw, there­fore signed Pub­lic Interest Immunity cer­ti­fic­ates (PIIs), “gag­ging orders”, against Dav­id to pre­vent him from say­ing any­thing in open court.

The judge, Mr Justice Moses of Mat­rix Churchill fame, acceded to these without a blush, and then imposed report­ing restric­tions on the pro­ceed­ings. The “D” Notice Com­mit­tee then advised against any media cov­er­age of these inter­ven­tions. Even though Dav­id had to con­duct his own defence in the courtroom, the judge and the pro­sec­u­tion censored
any ques­tions he needed to put to anonym­ous MI5 witnesses.

Dav­id was also pre­ven­ted from explain­ing why he had gone to the press. Des­pite Dav­id going into this tri­al with both hands tied behind his back, and des­pite the judge order­ing the jury to con­vict, it still took a group of twelve ran­domly chosen people more than three hours to con­vict Dav­id. When they did so, some of the jur­ors were in tears. Although the courtroom was packed with journ­al­ists, the media wil­fully ignored the facts of the case.

The doc­u­ments alleged by the pro­sec­u­tion to con­tain “agent inform­a­tion” were just that – inform­a­tion gathered from agents and sum­mar­ized for gen­er­al gov­ern­ment con­sump­tion. In fact, in sum­ming up and sen­ten­cing, Mr Justice Moses made no ref­er­ence to agent lives being put at risk. He also made it abund­antly clear that he accep­ted that Dav­id was not motiv­ated by money; and that Dav­id believed he was act­ing in the pub­lic interest (even though the law did not allow such a defence in this case).

That is why the judge gave him the rel­at­ively light sen­tence of six months. Had Dav­id been a trait­or, as sec­tions of the media trum­peted, he would have been tried under Sec­tion 1 of the 1911 OSA and received a four­teen year sen­tence. A whis­tleblower does not oper­ate in a vacu­um. Journ­al­ists play an import­ant role in air­ing these sub­jects in our
“free” press.

In journ­al­ist­ic par­lance, Dav­id Shayler has been a fant­ast­ic­ally valu­able source for over five years. This has not been reflec­ted in his treat­ment. With a few extremely hon­our­able excep­tions, most hacks were merely inter­ested in leech­ing Dav­id of inform­a­tion rather than pro­tect­ing a man who risked everything to expose murder, ter­ror­ist fund­ing and incom­pet­ence on the part of the intel­li­gence services.

The truth is fright­en­ing. Edit­ors, MPs and min­is­ters are scared of the shad­owy people who really run this coun­try: the intel­li­gence ser­vices. By not hold­ing the ser­vices to account, the gov­ern­ment and media is let­ting them get away, lit­er­ally, with murder.

Guardian Interview 2002 — The spy who loved me

Stu­art Jef­fries of The Guard­i­an inter­viewed me in Novem­ber 2002:

The Spy who Loved Me

Annie Machon quit her job at MI5 and endured three years on the run — all for the sake of her part­ner Dav­id Shayler, who was jailed last week. She tells Stu­art Jef­fries why.

Annie Machon fell in love with a spy code­named G9A/1. It was 1991 and she had been work­ing in MI5’s counter-sub­vers­ives sec­tion for two months. “The first thing I noticed about him is that he’s leon­ine,” she says over lunch. “I think he’s drop-dead gor­geous. We’d be in sec­tion meet­ings which we’d get dragged to occa­sion­ally and told what to think. He stood out because he asked the awk­ward ques­tions. He was very clear-cut and challenging.”

G9A/1 was Dav­id Shayler, the reneg­ade Brit­ish spy who last week was sen­tenced to six months for break­ing the Offi­cial Secrets Act after leak­ing secret doc­u­ments to the press. He’s the one reg­u­larly branded as a fat, sweaty, boozy, big-mouthed trait­or. The kind of upstart who might take his mar­tini stirred rather than shaken. “Yes, that’s what they say, isn’t it?” says Machon, as she lights anoth­er cigar­ette. She exhales. “He’s noth­ing like that. Every­body loves to por­tray him as this slob from the north-east. But he’s not only a whis­tleblower try­ing to do some­thing hon­our­able. He’s also really intel­li­gent. I love him, and am very proud of him for what he did.”

Some people think you’re the brains behind Shayler. “That’s not true. When I star­ted at MI5, I went in as GD5. GD stands for gen­er­al duties. It’s very gradist. Dave went in as GD4, which meant that they were fast track­ing him. They thought he was really sharp. And they were right. In fact, he’s very sparky and great com­pany. We just clicked, basic­ally.” How did MI5 bosses feel about office romances? “They encour­aged them. They regarded those sorts of rela­tion­ships as polit­ic­ally expedi­ent, and oper­a­tion­ally quite sens­ible. There were quite a few couples at MI5.”

How did Annie Machon, a clas­sics gradu­ate from Gir­ton Col­lege, Cam­bridge, get recruited as a spook in the first place? A nudge in the quad, a glass of sherry with a shifty don? “No, I had sat the exam to be a dip­lo­mat. Then I got a let­ter.” She was impressed by the 10-month recruit­ment pro­cess. “It was very thor­ough with lots of tests and back­ground checks. It seemed like a pro­fes­sion­al organ­isa­tion. We were sup­posed to be part of the new gen­er­a­tion. People from dif­fer­ent back­grounds and dif­fer­ent exper­i­ences were sup­posed to be brought in — people who could think on their feet and think lat­er­ally. We both joined think­ing it soun­ded good for the coun­try, which sounds quite ideal­ist­ic now.”

When did scep­ti­cism set in? “Very quickly.” Machon and Shayler were employed to look for reds under the bed, but they could­n’t find any, even though they stud­ied the file on that dan­ger­ous leftwing sub­vers­ive Peter Man­del­son ever so assidu­ously. “We were basic­ally try­ing to track down old com­mun­ists, Trot­sky­ists and fas­cists, which to us seemed like a waste of time. The Ber­lin Wall had come down sev­er­al years before. We were both hor­ri­fied that dur­ing the 1992 elec­tion we were sum­mar­ising files on any­body who stood for par­lia­ment. We were also hor­ri­fied by the scale of the invest­ig­a­tions. We both argued most voci­fer­ously that we should­n’t be doing this.”

After two years, both Machon and Shayler were moved to T‑branch, where they worked on coun­ter­ing Irish ter­ror­ist threats on the main­land. “We were both doing well. We were good oper­at­ives and they wanted the best in that sec­tion. I don’t want to be egot­ist­ic­al but that was the truth.”

The pair hoped that this rel­at­ively new sec­tion would oper­ate bet­ter. “There were sev­er­al young and tal­en­ted agents who did their best. But because of man­age­ment cock-ups they could­n’t do their jobs prop­erly and peoples’ lives were lost.” What was the prob­lem? “They had all these old man­agers who had been there for don­key’s years. They were caught in the wrong era — instead of deal­ing with stat­ic tar­gets, they had a mobile threat in the IRA and they just could­n’t hack it. It was a night­mare, espe­cially because there were so many agen­cies involved — MI5, Spe­cial Branch, the RUC, GCHQ. They all had their own interests. That was why Bish­opsgate happened.” Shayler later claimed that MI5 could have stopped the 1993 IRA bomb­ing of Bish­opsgate in the City of Lon­don, which left one dead and 44 injured.

Why did­n’t you leave then? “It was very easy to get into a stas­is. You have lots of friends there. But when you get to a more estab­lished sec­tion like the Middle East ter­ror­ism sec­tion and you see it’s the same, then you think about quitting.”

In 1995, Shayler dis­covered that MI6 had paid an agent who was involved in the plot to assas­sin­ate the Liby­an lead­er, Muam­mar Gadafy. Why was that wrong? “Apart from the immor­al­ity of it, the gen­er­al con­sensus from the intel­li­gence com­munity was that the assas­sin­a­tion of a well-estab­lished head of state by an Islam­ic fun­da­ment­al­ist in a very volat­ile area was not a good idea. It was crazy, but these bozos at MI6 wanted to have a crack at him.”

Then there was the case in which MI5 tapped a journ­al­ist’s phone. “For us, that’s what broke the camel’s back. A tap was only to be used in extremis, and this was noth­ing like that.”

Why did­n’t you go quietly? “Well, oth­er officers did. In the year we left, 14 officers resigned. The aver­age fig­ure was usu­ally four. It was very scary. Dave is someone who thinks he should fight for what he believes in. And I knew what he was talk­ing about. I knew he had to have the sup­port against the massed forces of dark­ness. When you work there, the only per­son you can report some­thing to is the head of MI5 but if you’re com­plain­ing about alleged crimes on behalf of MI5, they’re not going to allow you to do that, so you’re in a Catch 22 situation.”

In August 1997, Shayler sold his story to the Mail on Sunday. The day before pub­lic­a­tion the couple fled to Utrecht in Hol­land. “We left before the piece came out because they would have knocked down our doors and arres­ted Dave. I felt ter­ri­fied. But we man­aged to stay one step ahead.” Why was he the whis­tle­bower rather than you? “He had more access to what was going on — he was right in the middle of the Gadafy plot — and felt very strongly about it.”

The couple ended up in a French farm­house. “It was in the middle of nowhere. No TV, no car. For 10 months we spent every day togeth­er. He would write his nov­el dur­ing the day.” What were you doing? “I was keep­ing house. We enjoyed each oth­er­’s com­pany.” No rows? “Plenty.”

The couple tried to nego­ti­ate to return to Bri­tain without Shayler being pro­sec­uted, but with an under­tak­ing that his alleg­a­tions be offi­cially invest­ig­ated. “We got a com­plete lack of interest.” Then, dur­ing a stay in Par­is, Shayler was arres­ted in a hotel lobby. “We’d just been watch­ing Middles­brough on TV. They lost, of course. Then I did­n’t see him for two months.” He spent nearly four months in La Santé, Par­is’s top-secur­ity pris­on which also houses Car­los the Jack­al who used to yell “Dav­id Eng­lish!” to the reneg­ade spy from his cell. “I was bereft.” How are you going to deal with his cur­rent impris­on­ment? “I’ll just deal with it. It’s hor­rible, but I’m tough.”

A French judge ruled the extra­di­tion demand was polit­ic­ally motiv­ated and released him. The couple then ren­ted a flat in Par­is and holed up for a year. “As far as the Brit­ish author­it­ies were con­cerned, we could rot. They did­n’t want us to come back. We made a little money from journ­al­ism, but this was­n’t the life we wanted.” Why in August 2000 did the spies decide to come home? “We had man­aged to nego­ti­ate a return without risk­ing months of remand. Dave thought he would be able to present his case to peers: yes, he did take £40,000 from the Mail on Sunday but that isn’t why he told the story. He nev­er got the chance. In the tri­al they tied his hands behind his back. He could­n’t say any­thing to the jury. The report­ing restric­tions were extraordinary.”

She vis­ited Shayler in jail for the first time on Tues­day. How was he? “He’ll be all right.” Now what? “I wait. And in the mean­time, we get our leg­al case togeth­er. We’re going to Europe, Brit­ish justice is useless.”

Would­n’t you like to put all this behind you and get on with your lives. “We will. But not yet. It could take five years to clear his name.” Machon, poised and clad in black, turns a cigar­ette in her fin­gers. “You know, when I star­ted this case I was in my 20s. Now I’m 34. I don’t think I’ll have fin­ished with it until I’m in my 40s. I wish I’d nev­er got involved with MI5. I would­n’t touch them with a barge­pole if I had my time again.” I leave Machon alone at a café table writ­ing a let­ter to the man no longer code­named G9A/1.

BBC Report on Shayler’s conviction

The BBC report after Dav­id Shayler­’s con­vic­tion in Novem­ber 2002:

Former MI5 agent Dav­id Shayler is facing jail after being con­victed of reveal­ing secur­ity secrets.

Shayler, 36, was found guilty on three charges of break­ing the Offi­cial Secrets Act.

He revealed secret doc­u­ments to the Mail on Sunday news­pa­per in 1997, arguing he had a pub­lic duty to expose mal­prac­tice with­in the secur­ity services.

But the pro­sec­u­tion argued Shayler, who will be sen­tenced on Tues­day, had poten­tially placed the lives of secret agents at risk.  It said he betrayed a “life-long duty of con­fid­en­ti­al­ity” by reveal­ing clas­si­fied matters.

Shayler, who rep­res­en­ted him­self, also told the Old Bailey jury he feared for his life at the time, because of some­thing “far more ser­i­ous” than any­thing pub­lished in the paper.  Shayler was remanded on bail for sen­ten­cing and could face up to two years’ impris­on­ment on each of the three counts.

Shayler copied 28 files on sev­en top­ics before leav­ing MI5 in Octo­ber 1996.

Incom­pet­ence’

Soon after, he accused MI5 of incom­pet­ence and leaked sens­it­ive inform­a­tion to the Mail on Sunday, includ­ing alleg­a­tions of fin­an­cial links between the Pro­vi­sion­al IRA and Libya.  He then fled to France with the £40,000 he earned from his rev­el­a­tions, but returned to Bri­tain after three years know­ing he faced arrest.

Out­side court Shayler­’s girl­friend Annie Machon — also a former MI5 officer — said: “Dav­id is a whistle-blower, pure and simple.   I’m shocked at the ver­dict. He deserves to be pro­tec­ted, not pro­sec­uted.  Dav­id revealed mal­prac­tice, crime and incom­pet­ence on behalf of the intel­li­gence ser­vice and he did it in the pub­lic interest.  He still believes it was right to do so. We believe judges in Europe will be more scep­tic­al about the Offi­cial Secrets Act in this country.”

John Wadham, dir­ect­or of civil rights group Liberty and also Shayler­’s soli­cit­or, said they would con­sider tak­ing the case to appeal and would con­tin­ue their applic­a­tion to the European Court of Human Rights.

Pre-tri­al ruling

Maurice Frankel from the Cam­paign for Free­dom of Inform­a­tion, said there needed to be fun­da­ment­al changes to the way in which such cases were dealt with.

A House of Lords hear­ing before the tri­al ruled that Shayler could not reveal details of the “ser­i­ous” mat­ter that allegedly put his life in danger.  It also refused him per­mis­sion to argue his case with a “pub­lic interest defence” under the European Charter of Human Rights.

But fol­low­ing the con­vic­tion, Lib­er­al Demo­crat home affairs spokes­man Simon Hughes said: “Whatever the rights and wrongs of Mr Shayler­’s actions, there should be a change in the law to ensure that a pub­lic interest defence can be undertaken.”

Dur­ing the tri­al, Nigel Sweeney QC, for the Crown, said dis­clos­ure of even one piece of clas­si­fied inform­a­tion could be the “final piece in the jig­saw” allow­ing hos­tile coun­tries or organ­isa­tions to identi­fy Brit­ish agents.

Mr Sweeney told the tri­al: “The nation’s agents may be unmasked.”

But Shayler told the court: “I was seek­ing to expose the truth.

No harm’

I’m not the first per­son in his­tory to stand up and tell the truth and be per­se­cuted, and I doubt I’ll be the last.

His argu­ment that no agents’ lives were put at risk was dis­missed as “irrel­ev­ant” by the judge.

The jury was told cur­rent legis­la­tion allowed altern­at­ive action for whistle-blow­ing, such as telling the police or a gov­ern­ment min­is­ter, instead of going to the media.

Jur­ors were allowed to see the weighty file of secret doc­u­ments — but the names of agents and oth­er ultra-sens­it­ive inform­a­tion was obscured.

August 2000 — Telegraph Interview

He’s got nothing to hide, says girlfriend

DAVID SHAYLER’S girl­friend says she has no regrets about giv­ing up her luc­rat­ive career in the City to spend three years “on the run” with a man widely denounced as a self-publicist.

Annie Machon, 32, her­self a former MI5 officer and a Cam­bridge clas­sics gradu­ate, gave up her job as a man­age­ment con­sult­ant to join Shayler in his self-imposed exile. She said yes­ter­day “You don’t sac­ri­fice that amount of time and give up your whole life for someone who just wants to have a bit of fun and do this for publicity,” .

I went on the record, ini­tially, because of all the mis­in­form­a­tion that was com­ing out about him, back­room brief­ings, all sorts of lies, that he was unem­ployed, that he was denied pro­mo­tion, that he was­n’t up to the job, even that he was sacked from MI5.

I haven’t had much sleep,” she said after Shayler­’s release on bail from Char­ing Cross police sta­tion in cent­ral Lon­don. “I have been quite appre­hens­ive for some weeks, since we decided we should try to come back. Obvi­ously neither of us knew what to expect. He’s got noth­ing to hide. He wants to put his case to push for more openness.

It’s good that people are pick­ing up on his cause and are begin­ning to talk about the issues he’s raised, rather than about his per­son­al­ity.” Money paid for a news­pa­per exclus­ive about his story sus­tained the two for most of their exile. They sub­sist now on his weekly column in Punch magazine.

But she feels neither can go back to their jobs as man­age­ment con­sult­ants, which they took after they left MI5. “I think things have changed so much and we’ve been through so much it would be very dif­fi­cult to go back three years to what we were then.”

The two have been togeth­er for sev­en and a half years since meet­ing in an MI5 lib­rary, but there is no talk of mar­riage. Instead, she seems con­tent with social nor­mal­ity instead of a life spent look­ing over her shoulder. Return­ing to Lon­don with a media cir­cus in train is a very dif­fer­ent exper­i­ence from when she skulked through the cap­it­al, expect­ing to be fol­lowed, bugged or arrested.

It’s been three years almost to the day,” she said, “and it has def­in­itely taken an emo­tion­al toll. In fact, the stress of the whole thing has been quite intense.”

Last night, she and Shayler were plan­ning a quiet fam­ily din­ner. “It will be the first time in three years that we have been able to dine out openly togeth­er in Bri­tain,” she said. “I hope there will be no more look­ing over our shoulders.”

Guardian Interview 2000 — No place to hide

The Sabine Dur­rant inter­view with me in The Guard­i­an, April 2000
No place to hide

How big a price can a woman pay for stand­ing by her man? The part­ner of exiled MI6 whis­tleblower Dav­id Shayler lives and loves on the run — with Big Broth­er watch­ing her every move

Annie Machon and her boy­friend, Dav­id Shayler, the former MI5 officers now liv­ing in Par­is, have got used to feel­ing watched. Their phone plays up. Their emails go miss­ing. Even the walls of their flat seem to look down on them. If they want to dis­cuss “an issue”, they find a safe café to do it in. A dif­fer­ent one each time? “Of course,” says Machon with a slight curve to her lips. And in bed? “We have dis­cussed that, yes,” she says. “You just try and blank it out and get on with your life.”

She is poised and con­trolled. She remains cool even when recall­ing “sweaty cop­pers” read­ing out her love let­ters in the course of an  inter­rog­a­tion. Even when describ­ing the state of her under­wear (“inside out, with the crotches turned up as if they’d been sniff­ing them”) after their flat in Pimlico had been searched.

Machon, who is 31, has been at Shayler­’s side since he fled to France in 1997 to escape pro­sec­u­tion for break­ing the Offi­cial Secrets Act when his claims of MI5 incom­pet­ence were first pub­lished in a Sunday news­pa­per. They packed for a fort­night. They’ve been gone two and a half years.

Shayler is a straight­for­ward love or hate fig­ure. He is either the whis­tleblower, fired by mor­al pur­pose to draw atten­tion to bungling with­in the intel­li­gence ser­vices, from rev­el­a­tions that they mon­itored “sub­vers­ives” includ­ing such threats to nation­al secur­ity as Har­riet Har­man and the reg­gae band UB40, to his more recent alleg­a­tions that MI6 was behind an illeg­al assas­sin­a­tion attempt on Muam­mar Gadafy, the Liby­an pres­id­ent. Or, as MI5 would have it (in an inter­est­ing mélange of con­tra­dic­tions), he is the trait­or, the self-pub­li­cist, the break­er of offi­cial secrets, the fantasist.

Machon has remained a much more enig­mat­ic fig­ure. At first she was just “Shayler­’s girl­friend”. With her blonde hair and big blue eyes, she looked like a deb, a nurs­ery school teach­er, caught up in events bey­ond her con­trol. A former MI5 officer her­self, she made no dir­ect alleg­a­tions while sup­port­ing Shayler in his. But this may not have been cau­tion so much as sound management.

Unlike Shayler (who spent four months in jail before extra­di­tion pro­ceed­ings failed; he is now being sued in the civil courts) she is at liberty to come and go in Bri­tain. “It’s import­ant that I remain free to travel, import­ant I remain out of reproach.”

Machon was in Lon­don to deliv­er to Scot­land Yard a dossier sup­port­ing Shayler­’s Gadafy claims (an MI6 file recently pos­ted on the inter­net also appears to con­firm the alleg­a­tions). She holds press con­fer­ences. She meets with MPs. With law­yers. She wants account­ab­il­ity. She wants free­dom of expres­sion. She wants amnesty. She wants Shayler to be listened to. Taken ser­i­ously. To be allowed home. Then she wants to be left alone.

We meet at Vaux­hall under­ground sta­tion, close by the MI6 build­ing, although she doesn’t
want to hang around long. The closest café is too close. She walks very fast to the next. She does­n’t look over her shoulder once. She sees con­nec­tions where oth­ers might see blank walls. There are advert­ise­ments for laptops nearby. She refers to the recent stor­ies of the mugged MI5 officer, whose laptop was nicked and the drunk­en MI6 officer who mis­laid his. “What a coin­cid­ence,” she smiles sar­don­ic­ally. If she and Shayler win their case, she says she does­n’t think they’ll ever come back to Lon­don. “Dave would feel quite uncom­fort­able liv­ing here,” she says. “I would too. It’s just that sense of unease all the time.”

She is all in black, although her nails are gold. She is pale and slim, unlike Shayler whose plump­ness in pho­to­graphs can make him look like a yob. (“He put on weight at MI5, actu­ally. Social­ising after work — that drink­ing cul­ture he talked about — and also a sense
of unease. He eats when he’s feel­ing stressed. He’s joined a health club now. He swims nearly every day.”)

It’s not the only reas­on they seem an unlikely couple. A Middles­brough boy, with work­ing-class roots, Shayler is said to be chippy about pub­lic-school Oxbridge types.

Machon, who is the daugh­ter of a pilot turned news­pa­per­man, and from an old Guern­sey fam­ily, went to a private girls’ school and then to Cam­bridge, where she stud­ied clas­sics. “Yes, yes, I know. I think he did think I was a bit posh at first, but he squared it with the fact that I was a schol­ar­ship girl. Also we both moved around a lot when we were young. We had that in common.”

Machon says that as soon as they met in an MI5 lib­rary they made each oth­er laugh and that their rela­tion­ship is “pas­sion­ate”. There are hints of that in her story. The night before she came back to Eng­land for the first time, sus­pect­ing she would be arres­ted, but not sure wheth­er they would con­fis­cate her pass­port, they lay in bed and held each oth­er and cried, “not know­ing when we would see each oth­er again”. Then, after 10 months in hid­ing at a farm­house in south-west France, when he was sud­denly taken into cus­tody, for days she walked around with “no one’s hand in mine”.

Inter­est­ingly, too, while Machon looks as though but­ter would­n’t melt in her mouth,
she found out soon after join­ing MI5 (after sit­ting the for­eign office exams), that  psy­cho­lo­gic­al pro­fil­ing had marked her out as a mav­er­ick. “I was hav­ing a bit of a debate with my man­ager in the office and she said, ‘I’ve been warned about you’.” She smiles enig­mat­ic­ally. “I was quite flattered.”

She and Shayler had already left MI5 when Shayler decided to go pub­lic, both had nice well-paid jobs as man­age­ment con­sult­ants. They had a nice social life, nice Pimlico flat.
She did­n’t want him to go to the papers. “It was­n’t so much doubt as fear. I knew they’d come after us and I knew what they could do against us. If you’ve worked for MI5 it does­n’t help your para­noia, put it that way.”

She slips a light­er out of her cigar­ette pack­et and lights up. “And I must say I was shown to be right. Not that I’d ever say I told you so to Dave.”

The papers ran the story on a bank hol­i­day week­end. Machon and Shayler got the last plane out of Heath­row on the Sat­urday night, to Ams­ter­dam. They braced them­selves. Then Diana, Prin­cess of Wales was killed. “In one sense it was a relief because the pres­sure was taken off us. In anoth­er it was ter­rible. An injunc­tion had been put on the paper and if she had­n’t died, Fleet Street would have been up in arms about gag­ging the free press, they would have been more bal­anced in their assess­ment of Dave, demanding
inquir­ies. As it was, there were a lot of back­room brief­ings against him, say­ing he was a loud­mouth, unbal­anced, and we were bur­ied there.”

She uses the word “bur­ied” a lot. It’s hard to tell wheth­er it is a good thing or a bad thing for someone who needs pub­li­city (“it’s our only pro­tec­tion”) and yet longs to hide. On the run, they “bur­ied them­selves” in the French coun­tryside, a dif­fer­ent hotel every night, pay­ing cash.

After that they were “bur­ied” again in a remote farm­house near Per­pig­nan, “freez­ing cold, miles from the shops”, liv­ing off their £40,000 news­pa­per earn­ings, where Shayler wrote his nov­el (it has since been banned) and she kept house. The Brit­ish gov­ern­ment pre­ten­ded to nego­ti­ate with them, she says. “They thought we’d run out of money and rot abroad. They wanted to bury us.”

It was only when Shayler was in pris­on, when the worst had happened, that she got
her con­fid­ence back. “I found I was tough­er than I thought. Dave had always been the more ebul­li­ent char­ac­ter. And sud­denly when he was arres­ted, even though I was des­per­ately lonely, it was, ‘Right, you’ve got to do it.’ ”

Actu­ally, there was worse to come: an approach by an armed Liby­an a week after Shayler­’s release. He offered a six-fig­ure sum in exchange for names linked to the Gadafy plot and evid­ence on Lock­er­bie (Shayler had been an expert). He fol­lowed them
when they refused. A few nights later their buzzer rang for five minutes in the night: “We cowered in the corner with our kit­chen knives.” They repor­ted the incid­ent to MI5, and were told it was a mat­ter for the French, who told them it was a mat­ter for the Brits.

What does Machon hope for now? She says she can­’t think what to do with her life. “I’m a dif­fer­ent per­son to the one I was two years ago.” Maybe an old house in Nor­mandy: Shayler could con­tin­ue writ­ing, nov­els, his column for Punch.

What about chil­dren? “I don’t want those. Neither of us does. We nev­er have. I’m not at all mater­nal. I’ve nev­er felt the desire. My broth­er is 11 years young­er and I don’t have a
romantic view of chil­dren. I know what they’re like.”

I was going to sug­gest that when she hits her mid-30s she might change her mind, but then I saw the look in her eye and changes of mind did­n’t seem to come into it.

Interview with Francis Wheen, 1999

An interview with Francis Wheen of The Guardian, August 1999:

The spy left out in the cold

Fran­cis Wheen on the hound­ing by the author­it­ies of MI5 whis­tleblower Dav­id Shayler:

Annie Machon, a former MI5 officer liv­ing in France, came to Lon­don last week. On a pre­vi­ous vis­it, in 1997, she was nabbed at Gatwick air­port by a goon squad from Spe­cial Branch. This time her only ordeal was a couple of hours with me in a Soho café. It was pro­gress of a sort, I sup­pose; but little else has changed​.It is exactly two years since Annie’s part­ner, Dav­id Shayler, hit the head­lines with his com­plaints of mal­prac­tice and incom­pet­ence at MI5. Since then the gov­ern­ment has con­sist­ently refused to heed or
invest­ig­ate his alleg­a­tions, pre­fer­ring to load up its rusty blun­der­buss and shoot the messenger.

In his ori­gin­al inter­view with the Mail on Sunday, Shayler exploded the offi­cial myth that MI5 mon­it­ors only those “sub­vers­ives” who wish to “over­throw demo­cracy by viol­ent means”, reveal­ing that, in fact, it kept files on such harm­less pussy­cats as Jack Straw, Peter Man­del­son, Har­riet Har­man and the reg­gae band UB40. The gov­ern­ment was out­raged — not by the evid­ence of spooky skul­dug­gery but by Shayler­’s whistleblowing.

Tony Blair’s spokes­man warned the news­pa­per that “the heav­ies would move in” unless future art­icles were sub­mit­ted to Down­ing Street for vet­ting. When the edit­or refused to obey, the treas­ury soli­cit­or obtained an injunc­tion ban­ning the media from report­ing any fur­ther remarks by Shayler about mis­con­duct or mis­man­age­ment in the secur­ity service.

Shortly after­wards, at MI5’s request, Spe­cial Branch officers raided the Lon­don flat Shayler had shared with Machon. The search war­rant per­mit­ted them to look for
“evid­ence of an offence under the offi­cial secrets act” — which they inter­preted, rather eccent­ric­ally, as a licence to smash the fur­niture, hurl table lamps to the floor and remove sev­er­al pairs of Machon’s knickers.

Then came the absurd pan­to­mime at Gatwick air­port. Machon was obvi­ously not going to put up a struggle: her law­yer had told the police when and where she was due, and she was armed with noth­ing more leth­al than an overnight bag. Nev­er­the­less, Spe­cial Branch
thought it neces­sary to send no few­er than six brutes to hustle her away. This crude intim­id­a­tion con­tin­ued dur­ing six hours of ques­tion­ing at Char­ing Cross police sta­tion, when her inter­rog­at­ors read out love let­ters she had exchanged with Shayler — bil­lets doux that had no con­ceiv­able rel­ev­ance to the Offi­cial Secrets Act.

If Shayler had com­mit­ted a ser­i­ous offence, as Straw main­tained, why were no charges brought against the edit­ors and journ­al­ists who pub­lished his dis­clos­ures? The ques­tion answers itself: bul­lies pick on the power­less, and min­is­ters were reluct­ant to ant­ag­on­ise the mighty Asso­ci­ated News­pa­pers. Instead, the author­it­ies took out their frus­tra­tion by har­ass­ing inno­cent bystand­ers. Shayler­’s broth­er, Philip, was detained, as were two of his friends.

Like Machon, they were even­tu­ally released without charge — although not before the police had help­fully informed Philip’s employ­ers that he was wanted in con­nec­tion with “fin­an­cial irregularities”.

From his French exile, Shayler con­tin­ued to press for an inquiry. In Octo­ber 1997, the
gov­ern­ment set up a cab­in­et office review of the intel­li­gence agen­cies to be chaired by John Alpass, a former deputy dir­ect­or of the secur­ity ser­vice. As Shayler points out, Alpass was scarcely a dis­in­ter­ested party, as “any adverse cri­ti­cism of MI5 would have reflec­ted badly on his time there”. Nev­er­the­less, Shayler sub­mit­ted a 6,000-word memo on “man­age­ment prob­lems in MI5”.

The com­mit­tee refused to read it. He was giv­en a sim­il­ar brush-off by the par­lia­ment­ary intel­li­gence and secur­ity com­mit­tee, sup­posedly respons­ible for hold­ing the spooks to
account.

Last sum­mer, in the hope of excit­ing some offi­cial interest, Shayler told the Mail on Sunday that MI6 had secretly paid a Liby­an emigré £100,000 to assas­sin­ate Col­on­el Muam­mar Gadafy. Although  the point of Shayler­’s rev­el­a­tion was that min­is­ters had neither known nor approved of the plot, Robin Cook felt able to issue an instant deni­al. “I’m per­fectly clear that these alleg­a­tions have no basis in fact. It is pure fantasy.”

Why, then, did the gov­ern­ment refuse to let the MoS pub­lish the art­icle, arguing that it would endanger nation­al secur­ity? And why did Straw imme­di­ately ask France to arrest
and extra­dite Shayler? If the story was fantasy, he had­n’t broken the offi­cial secrets act. If it was true, and Brit­ish intel­li­gence had indeed con­spired to murder a for­eign head of state, then it would not be Shayler who had some explain­ing to do.

Unable to cope with this glar­ing con­tra­dic­tion, his enemies took refuge in invect­ive. “In a
bet­ter world,” the Daily Tele­graph har­rumphed, “Dav­id Shayler and his like… would be horse-whipped.”

After his release from a French jail last Novem­ber, the Sunday Tele­graph came up with an even more extreme solu­tion, point­ing out that if he were a reneg­ade French spy his former employ­ers would prob­ably have killed him. “One won­ders how Shayler would react to being shot at by MI5 agents,” the news­pa­per mused. “But these days,” it added  regret­fully, “MI5 is scru­pu­lous in its obser­va­tion of the let­ter of the law.”

Scru­pu­lous as ever, MI5 tried assas­sin­at­ing his repu­ta­tion instead, let­ting it be known
that he was always regarded in the ser­vice as “a Wal­ter Mitty, a loose can­non” and “a rebel who likes to sail close to the wind”. (The last phrase, incid­ent­ally, came from a school report writ­ten before Shayler had even taken his A‑levels.)

Many tame MPs and hacks have repeated these insults without paus­ing to think through their logic. If Shayler is as mani­festly dotty as they claim and yet man­aged to join the fast track at MI5 and win a per­form­ance bonus in his final year, does­n’t this con­firm that the secur­ity ser­vice is indeed run by dan­ger­ous clod­hop­pers, as Shayler claims?

Logic, how­ever, is sel­dom allowed to intrude into this case — except for the deranged logic of Catch 22. Shayler wrote a spy nov­el, The Organ­isa­tion, assum­ing that this at least would be allowed. No such luck.

The treas­ury soli­cit­or con­tac­ted the major Lon­don pub­lish­ers warn­ing that Shayler must not write any­thing, “wheth­er presen­ted as fact or fic­tion, which may be con­strued as relat­ing to the secur­ity ser­vice or its mem­ber­ship or activ­it­ies or to secur­ity or intel­li­gence activ­it­ies gen­er­ally .” (My ital­ics.) In oth­er words, Shayler can­’t pub­lish true stor­ies, even if the gov­ern­ment says they are fic­tion; but he can­’t pub­lish fic­tion for fear that it might have a ker­nel of truth. And yet oth­er ex-spies — John Le Carre, Ted All­beury — have writ­ten ump­teen nov­els about Brit­ish intel­li­gence without hav­ing injunc­tions hurled at them.

It is barely believ­able in this day and age that a UK cit­izen should have to live in exile for telling the truth — or, if you believe the gov­ern­ment, for mak­ing up stor­ies about the intel­li­gence ser­vices,” Shayler says. “It is doubly dif­fi­cult to accept when we see that this has happened at the behest of a Labour government.”

Per­son­ally, I don’t find it at all dif­fi­cult: Labour politi­cians have always been suck­ers for cloak-and-dag­ger non­sense. Lest we for­get, it was the last Labour gov­ern­ment that expelled the Amer­ic­an journ­al­ists Philip Agee and Mark Hosen­ball at the behest of MI5, without troub­ling to give any reas­ons, and then tried to jail a col­league of mine from the New States­man for the hein­ous offence of col­lect­ing min­istry of defence press releases. “New” Labour has revived the tra­di­tion by pro­sec­ut­ing a respec­ted defence orres­pond­ent, Tony Ger­aghty, and tor­ment­ing the hap­less Shayler.

Only last month the treas­ury soli­cit­or sent a stern let­ter to Shayler­’s law­yers. “Your cli­ent has been writ­ing to vari­ous mem­bers of the gov­ern­ment, enclos­ing a pamph­let which he has writ­ten entitled Secrets and Lies,” he noted. “The dis­clos­ure of this inform­a­tion con­sti­tutes yet a fur­ther breach by your cli­ent of the injunc­tion against him… I am not instruc­ted to deal in detail with the points made by your cli­ent, save to say that his  alleg­a­tions of impro­pri­ety on the part of the secur­ity ser­vice are rejected.”

How can min­is­ters know that the alleg­a­tions are false without both­er­ing to check? Easy: MI5’s dir­ect­or, Steph­en Lander, has assured Straw that everything is tickety-boo.

At the height of the Spycatch­er pan­ic, the Brit­ish cab­in­et sec­ret­ary admit­ted that White­hall often found it neces­sary to be “eco­nom­ic­al with the truth”, and there are very few people naïve enough to assume that the pro­fes­sion­al dis­sim­u­lat­ors who run MI5 and MI6 can always be believed. For­tu­nately for Lander, this select band of cred­u­lous oafs includes every seni­or mem­ber of the Labour cabinet.

If Dav­id Shayler were a mem­ber of the Pro­vi­sion­al IRA, Tony Blair would be happy to nego­ti­ate deals and  indem­nit­ies with him. Since he is merely a pub­lic-spir­ited whis­tleblower who has nev­er murdered any­one, he is con­demned to har­ass­ment, vili­fic­a­tion and indef­in­ite exile.