POLICE WITNESS STATEMENTS

 

In the case of

Regina -v- Michael John Smith

 

 

Witness Statement Page 1

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Mr ‘B’

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Security Service Officer

 

Dated 28 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday, 8th August 1992 I was present at about 9 am at a house in Ham, Surrey when I made a telephone call from that house. Today Detective Inspector MORRISSEY played to me an audio tape recording marked MG/1 which he unsealed in my presence and he showed me the telephone call print out marked MG/2. I can state that MG/1 is a true record of a telephone call I made to telephone number 549 5369 at 9.02 am on Saturday, 8th August 1992. The conversation went as follows. The phone was answered by a female who said “hello”. I said, “Hello, is it Michael Smith”, she said “Ur … he lives here, who’s calling”. I said, “This is George”. She said “who”, I said “George”. She said “Just one moment”. A male answered “Hello”, I said “Hello, is it Michael Smith”. He said “Yes”. I said “Hello, I am George speaking, I am a colleague of your old friend Victor, do you remember him”. He said “Yes”, I said “OK, that’s good, now listen it is very urgent for me to talk to you”. He said “Yes”. I said “You understand”. He said “Yes”. I said “OK, OK, but I think maybe we do this another way”. He said, “OK”, I said “You understand”.

 

Signed             Mr B                Signature witnessed by            Martin Morrissey DI

 

No. 991A

 


Witness Statement Page 2

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Mr ‘B’

 

He said “Yes”. I said “OK, I think there is telephone at corner of Durlston Road and Cardinal Avenue, you know this”. He said “Yeah”, I said “OK”, you can maybe be there in fifteen minutes”. He said “OK”. I said “Yes OK, this is corner of Durlston Road and Cardinal Avenue”. He said “OK”. I said “fifteen minutes very important”. He said “OK”. I said “OK, I’ll ring you there bye, bye”. He said, “Bye” and I finished the call.

 

Signed             Mr B                Signature witnessed by            Martin Morrissey DI

 

No. 991C

 


Witness Statement Page 3

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DCI Martin Charles Gray

Age of Witness (date of birth)            Over 21 (19 December 1944)

Occupation of Witness                       Detective Chief Inspector 153284

 

Dated 18 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at 8.28 am I broke the seal of a new audio tape which was placed onto a tape recorder attached to telephone number 081-940-2827 at a house in Ham. At 9.50 am the same day I removed the audio tape from the tape recorder. At 11.50 am the same day at Paddington Police Station I handed the audio tape, exhibit MG/1, to exhibits officer DS SINGLETON. The tape recorder attached to telephone 081-940-2827 produced a telephone call record print-out and at 11.50 am the same day at Paddington Police Station I handed the print-out, exhibit MG/2 to exhibits officer DS SINGLETON.

 

Signed             M Gray                        Signature witnessed by

 

No. 991A

 


Witness Statement Page 4

 

Form MG 11(T)

 

STATEMENT OF      DS Simon James STAFFORD

Age if under 21           Over 21

 

Dated 6 November 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Using a photocopied sectional enlargement of page 75 of the 1987 edition of the Greater London Street Atlas, I have indicated the approximate position of two British Telecom public telephone boxes, marked TK1 and TK2 respectively. I have also indicated the position of premises at 48A Burton Road, Kingston, marked HOME ADDRESS. I submit this map and title sheet with exhibit identification mark SJS/1 thereon

 

Further to my above statement, I have, with reference to the statements made by officers engaged in the surveillance of Michael J SMITH, on Saturday 8th August 1992, immediately prior to his arrest, indicated the outward and homeward route that SMITH followed after receiving a telephone call from Security Service Officer Mr ‘B’.

 

Signed             S.J. Stafford DS                     Signature witnessed by

 


Witness Statement Page 5

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Peter Alexander HORDERN

Age of Witness (date of birth):           25 January 1954

Occupation of Witness:                      Detective Constable

 

Dated 12 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was present at a briefing given by DCI MacKENZIE in which he described a male and female who lived at 48a Burton Road, Kingston-upon-Thames. At about 8.30 am I was deployed with other officers in the vicinity of Burton Road. At 9.20 am I saw the male previously described to me leave 48a Burton Road and walk quickly east up Park Farm Road. As he walked he glanced at his watch. He was wearing a purple tee shirt, blue jeans and blue canvas shoes with no socks. At 9.40 am I saw the same man walking towards 48a Burton Road in Chesfield Road about 30 yards from 48a Burton Road.

 

Signed             Peter Hordern             Signature witnessed by

 

No. 991A

 


Witness Statement Page 6

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC James TUBBS

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Officer

 

Dated 12 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992, I was engaged with other officers in an operation in the area of Kingston-upon-Thames. Following a briefing by DCI MacKENZIE, during which I was given the description of a man and a woman who I was told lived at 48a Burton Road, Kingston-upon-Thames, I was deployed in the area around that address. At about 9.20 am I saw the man previously described, dressed in a purple tee-shirt and jeans, jogging into Staunton Road, from the direction of the address, and then away North out of my view. A couple of minutes later I saw the same man, now walking North up Latchmere Road. I drove past him, and lost view. When I had turned round, and driven back, he was no longer in Latchmere Road. At about 9.33 am I saw the man again, walking out of Cardinal Avenue, into Latchmere Road, and South again in the direction of his address. I lost sight of him again. I regained vision, and tracked him down Staunton Road, losing vision again, just before he reached the junction with Kings Road. At 9.40 am I stood down, discontinuing any observation.

 

Signed             J. Tubbs                       Signature witnessed by

 

No. 991A

 


Witness Statement Page 7

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Catherine PLUMMER

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Officer

 

Dated 27 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was engaged on an operation with other officers in the Kingston-upon-Thames area. I received a briefing from DCI MacKENZIE, during which I was given the descriptions of a male and female who I was informed lived at 48a Burton Road, Kingston-upon-Thames. I was then deployed in the area of that address. At 9.23 am, I saw a man dressed in a purple tee shirt, blue jeans, blue shoes, who I recognised from the previous description. He was walking in Cardinal Avenue, towards a telephone kiosk in Durlston Road. He went into the kiosk, with his left hand in his pocket. He then left the kiosk and back the way he came. Then he returned to the kiosk. He walked away and I think he was looking at something in the box. He then walked away back on the road he came in, Cardinal Avenue. At 9.25 am he came back to the kiosk, looking behind himself, then he sat on the wall. At 9.32 am he walked away again, half jogging back along Cardinal Avenue, towards Latchmere Lane. I then lost sight of him. At 9.40 am, I discontinued the observation.

 

Signed             C. Plummer                 Signature witnessed by

 

No. 991A

 


Witness Statement Page 8

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Colin SIMPSON

Age of Witness (date of birth)            43 (9 December 1948)

Occupation of Witness                       Police Officer

 

Dated 25 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was on duty in plain clothes at Durlston Road, Kingston near the junction with Cardinal Avenue, close to a BT phone kiosk. At about 9.15 am I saw a man, whom had previously been described to me, walk briskly towards my location along Cardinal Avenue. He wore a pale purple shirt and pale blue jeans. For approximately one minute he stood both beside the phone kiosk and also in the kiosk. I took photographs of the man while he was at the phone kiosk. He then walked briskly away from my location northwards in Hollybush Road. A few minutes later at about 9.25 am he returned to my location. He stood beside the phone kiosk and then sat on the low wall beside the phone kiosk. I again took photographs of him. After a couple of minutes he walked away eastwards in Cardinal Avenue and out of my view. I submit photographs, CJS1, from un-retouched negatives which are retained in my possession.

 

Signed             Colin Simpson D/C                 Signature witnessed by

 

No. 991A

 


Witness Statement Page 9

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Stephen BROWN

Age of Witness (date of birth)            40 (27 November 1951)

Occupation of Witness                       Police Officer

 

Dated 25 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was on duty in plain clothes in Tudor Drive, Ham close to the junction with Latchmere Lane, near a BT phone kiosk. At about 0925 hrs I saw a man in a purple shirt and light trousers enter Tudor Drive from Hollybush Road near the Cardinal Public House. He was looking towards me and did so for about 30 seconds. He then walked towards the shops away from me before ‘jogging’ back into Hollybush Road. During the time the man was within my sight he was about 200 yards away from me and my view was occasionally obscured by parked cars.

 

Signed             Stephen Brown D/C               Signature witnessed by

 

No. 991A

 


Witness Statement Page 10

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Kevin KINDLEYSIDES

Age of Witness (date of birth)            45 (9 December 1946)

Occupation of Witness                       Police Officer

 

Dated 20 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was on duty in plain clothes at Tudor Drive, Ham, near the junction with Latchmere Lane, close to a BT phone kiosk at that location. At about 9.25 am I saw a man in a pale purple shirt and pale slacks, possibly jeans, jog into Tudor Drive from Hollybush Road by the Cardinal public house. He stopped in front of the public house, by a pillar box, looking in my direction for about 30 seconds. He then walked around by the shops next to the public house, before slowly jogging away into Hollybush Road. During the time the man was in my view he was about 200 yards away and occasionally lost to my sight behind parked vehicles.

 

On Tuesday 11th August 1992 at about 2 pm I went to the Harrow-on-the-Hill area and took a number of black and white photographs in the Church Hill vicinity. These photographs, in an album, I produce as KK/1. The un-retouched negatives are retained in my possession.

 

Signed             K. Kindleysides DC               Signature witnessed by

 

No. 991A

 


Witness Statement Page 11

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC John COLLINS

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Officer

 

Dated 12 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992, I was engaged with other officers on an operation in the area of Kingston-upon-Thames. Following a briefing by DCI MacKENZIE during which I was given a description of a man and a woman who were living at Burton Road, Kingston-upon-Thames. I arrived in the area at 8.30 am to take up observation. At 9.32 am in Kings Road I saw a man I recognise from the description at the briefing and from my fellow officers that morning. I saw him walking along Kings Road and enter premises which I thought was the newsagents. At 9.40 am I ceased observations.

 

Signed             John Collins                Signature witnessed by

 

No. 991A

 


Witness Statement Page 12

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DCI Hector MACKENZIE

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Chief Inspector

 

Dated 12 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Friday 7th August 1992 at New Scotland Yard I was briefed by Detective Superintendent MacLEOD regarding a surveillance operation in the Kingston-upon-Thames area. On Saturday 8th August 1992 in that area, I briefed my Surveillance Unit regarding the male and female occupants of 48a Burton Road, Kingston-upon-Thames. I then handed over the briefing to Team Leader Detective Sergeant GREGORY-PARRY who deployed his team accordingly. He also recorded all transmissions contemporaneously, the officers being identified by their dedicated call signs which they endorse as correct by later signing their personally issued police warrant numbers against their respective recorded transmissions.

 

Signed             Hector MacKenzie DCI                      Signature witnessed by

 

No. 991A

 


Witness Statement Page 13

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DS Keith GREGORY-PARRY

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Sergeant

 

Dated 12 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 following a briefing by DCI MacKENZIE, I deployed officers on an operation in the Kingston-upon-Thames area of London. During the course of the operation I kept a contemporaneous record of all transmissions made by those officers, the operation commenced at 8.30 am and concluded at 9.40 am.

 

Signed             K. Gregory-Parry DS              Signature witnessed by

 

No. 991A

 


Witness Statement Page 14

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DI Martin NICOLSON

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Inspector 14/159579

Address and Telephone Number        New Scotland Yard, Broadway, London SW1

 

Dated 1 September 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at approximately 9 am I was on duty in plain clothes in an unmarked police vehicle, registration F709 OUL in company with DS PEPE and DC KELLY and situated in Kings Road Kingston-upon-Thames, Surrey, while engaged on a police operation. At about 9.25 am as a result of information received via the police radio we went to Park Farm Road, Kingston where we parked at the North footway, facing East. At about 9.33 am I saw a white male wearing a purple ‘T’ shirt and blue jeans jogging South in Staunton Road across the junction with Park Farm Road and out of my sight. We turned the vehicle round and then parked at the same place but facing West. At about 9.37 am I saw the same man in the purple ‘T’ shirt and jeans, now known to me as Michael John SMITH, walking into Park Farm Road from Chesfield Road. He was carrying a newspaper as he walked in my direction on the South footway. Accompanied by DS PEPE I got out of the vehicle and approached SMITH while holding my Warrant Card opened towards him. I said to SMITH ‘I’m Detective Inspector NICOLSON, Special Branch’. SMITH stopped and took a step back. I took hold of his left arm and said ‘I am arresting you for communicating classified information to a hostile agency. This is an offence against the Official Secrets Act. You do not have to say anything unless you wish to do so but what you say may be given in evidence’. SMITH stared at me and DS PEPE said ‘Sir, we are police officers’. SMITH became tense and started to pull away from me at

 

Signed             M. Nicolson D/I                      Signature witnessed by

 

No. 991A

 


Witness Statement Page 15

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DI Martin Nicolson

 

which point DS PEPE took hold of SMITH’s right arm. SMITH became more tense and then said, ‘What’s going on. I don’t want my neighbours to see’. DS PEPE told SMITH that he was going to handcuff him to prevent his escape and then applied the handcuffs to SMITH with his arms behind his back. As he was doing so SMITH was struggling slightly and looking in the direction of 48A Burton Road, his home address, he commented, ‘My wife’. SMITH was then escorted to the vehicle and placed in the rear seat, where he was accompanied by DS PEPE. I entered the front passenger seat and with DC KELLY driving we moved off towards Kingston town centre. SMITH demanded shrilly to know where he was being taken, and after being told that he was being taken to Paddington Police Station he began complaining about the handcuffs hurting him. I was aware as we drove South in Richmond Road that SMITH was becoming increasingly restless and all the while complaining about the handcuffs. At some point near to Kingston town centre, and while I was making a note of the arrest, SMITH suddenly started shouting loudly ‘I’m being kidnapped. Help me’, and he began struggling violently and was kicking at the front seats. As it was impractical to continue the journey I called for assistance and the use of a police van via the police radio and directed DC KELLY to stop the vehicle, which he did outside of John Lewis departmental store in Kingston. DS PEPE was managing to restrain SMITH in the rear seat until uniformed officers arrived at the scene. SMITH initially resisted attempts to be removed from our vehicle but was then taken out and transferred to a marked police van, escorted by DS PEPE and a uniformed police constable. This was at approximately 9.50 am. With DC KELLY I followed the van to Paddington Police Station, arriving at about 10.17 am. In the station yard DS PEPE escorted SMITH to my vehicle and in my presence and that of PS 19DD Anthony DAVIES, DC KELLY searched the rear seat area and recovered a watch and a newspaper which SMITH identified as his property. He was then taken into the Custody Suite where I related the facts of SMITH’s detention to the Custody Officer in his

 

Signed             M. Nicolson D/I                      Signature witnessed by

 

No. 991C

 


Witness Statement Page 16

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DI Martin Nicolson

 

presence. In an Interview Room at Paddington Police Station later on this day, between 3.05 pm and 3.31 pm an interview was conducted between Michael SMITH, DS PEPE and myself. This interview was recorded on audio tape. I now produce the tape, seal number T497086, as exhibit MN/1. On Sunday 9th August 1992 at about 9 pm, in company with DCI GRAY, at Hirst Research Centre, East Lane, Wembley, Middlesex, I met with Dr Steven CUNDY, Director of this establishment, and Mr Gerald SWALLOW, the manager of Microwave and Packaging Division with Hirst Research Centre. I explained that I was engaged in the investigation of offences against the Official Secrets Act for which Michael John SMITH had been detained and asked them to examine a number of documents and articles which had been found in a search of premises controlled by Michael SMITH. These documents and articles were contained in sealed bags marked JS/14 - JS/38 inclusive. I asked Dr CUNDY and Mr SWALLOW to make notes of their assessment of these items. At the conclusion of their examination I asked each of them to sign, date and time their notes and then took possession of them. I now produce their original notes as exhibits, numbered as follows: Dr CUNDY’s pages 1 and 2 MN/2, pages 3 and 4 MN/3, page 5 MN/4; Mr SWALLOW’s pages 1 and 2 MN/5, pages 3 and 4 MN/6, page 5 MN/7. On Tuesday 11th August 1992 at Hirst Research Centre, East Lane, Wembley, Middlesex, I received from Dr Steven CUNDY an Official Secrets Act Declaration form signed by M J SMITH on 15th July 1986 and witnessed by G D PRICHARD. I now produce this document as exhibit MN/8. On Friday 14th August 1992 at Hirst Research Centre, East Lane, Wembley, Middlesex, I received from Dr Steven CUNDY the following items which I now produce as exhibits; the personnel file from Hirst Research  Centre on Michael John SMITH (MN/9), a Hirst Research Centre Report dated July 1989 - June 1990 (MN/10), a Hirst Research Centre Report dated July 1990 - June 1991 (MN/11), a handwritten document in a yellow folder (MN/12), and an Audit Schedule printout for the QA Department at Hirst Research Centre (MN/13).

 

Signed             M. Nicolson                Signature witnessed by

 

No. 991C

 


Witness Statement Page 17

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DS Garry PEPE

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Sergeant 71/183110

 

Dated 12 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992, I was on duty in plain clothes in an unmarked police vehicle in company with DI NICHOLSON and DC KELLY. At 9 am we were parked in King’s Road, Kingston, as part of a police operation. As a result of information received via a police radio we went at about 9.25 am to Park Farm Road and waited. We were facing East. At about 9.33 am, I saw a white man wearing a purple T-shirt, jeans with dark hair jog South in Staunton Road, across the junction of Park Farm Road and out of my sight. We turned the vehicle around and faced West against the North footway about 10/15 yards from the junction of Burton Road. I saw the same man wearing the purple T-shirt walk into Park Farm Road from Chesfield Road and walk West on the South footway. I noticed he was holding a newspaper. I now know this man to be Mr SMITH. DI NICHOLSON and I got out of the vehicle and approached Mr SMITH. DI NICHOLSON showed Mr SMITH his warrant card as did I. DI NICHOLSON said, “I am Detective Inspector NICHOLSON from Special Branch.” SMITH stopped and took a step backwards. DI NICHOLSON took his left arm and said, “I am arresting you for communicating classified information to a hostile agency, this is an offence against the Official Secrets Act” and cautioned him. Mr SMITH stared at DI NICHOLSON. I said, “Sir, we are police officers”, still showing my

 

Signed             G. Pepe                       Signature witnessed by

 

No. 991A

 


Witness Statement Page 18

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Garry PEPE

 

warrant card. I took told of his right arm as he pulled away from DI NICHOLSON. SMITH tensed up and said, “What’s going on, I don’t want my neighbours to see.” I handcuffed SMITH, with his hands behind his back in order that he could not escape. He was placed in the rear nearside of the vehicle and I sat next to him. Mr SMITH complained that his handcuffs were hurting him. I tried to release one of the cuffs but he was moving around. He demanded to know where he was going and I told him we were going to the police station. I could not adjust his handcuffs to his satisfaction, although there was a space between his hands and the cuffs. I removed his watch in order to allow greater room and placed it between his legs. At the time of his arrest when handcuffed I took possession of his keys which he was holding. He continued to talk about his being handcuffed and was becoming agitated. As we passed Kingston Railway Bridge SMITH turned to me and stopped moving around and stared and said, “You’re not the police. I know who you are.” He leaned towards the door and shouted and screamed at the window, “I’m being kidnapped, help me, I’m being kidnapped.” I restrained him and calmed him down. We drove to outside JOHN LEWIS in Kingston and I put plastic cuffs on him and removed the metal ones. With the assistance of uniformed officers he was transferred to a marked police van, after refusing to get out of the car saying, I’m not getting out with all these people looking.” I sat next to SMITH in the police van with a uniformed officer present. SMITH was taken to Paddington Green Police Station. We arrived at the station and the van was searched. We then went to the unmarked police vehicle which he had been in earlier and retrieved his watch and newspaper. The facts of his arrest were related to the custody officer by DI NICHOLSON and I searched SMITH once his detention had been

 

Signed             G. Pepe                       Signature witnessed by

 

No. 991C

 


Witness Statement Page 19

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Garry PEPE

 

authorised. I took possession of a quantity of tissues from his person (GP/1), a quantity of credit cards (GP/3) and a quantity of receipts (GP/2). At 3.05 pm I was present at an interview conducted by DI NICHOLSON of SMITH in the first floor interview room of Paddington Green Police Station. This interview was concluded at 3.31 pm.

 

Signed             G. Pepe                       Signature witnessed by

 

No. 991C

 


Witness Statement Page 20

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Hugh KELLY

Age of Witness (date of birth)            Over 21 (14 September 1953)

Occupation of Witness                       Police Officer

 

Dated 17 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at 9.00 hours I was on police duty in plain clothes in an unmarked police vehicle, a Ford Sierra, index number F709 OUL, in Kings Road, Kingston-upon-Thames. As a result of information received from other police officers, via the police radio, at approximately 09.25 hours I drove the vehicle F709 OUL, with DI NICOLSON and DS PEPE as passengers to Park Farm Road, Kingston-upon-Thames and waited there having parked the vehicle against the North footway facing East. I then turned the vehicle round within approximately thirty yards and parked in a similar position but now the vehicle was facing West and was almost opposite the address of 48a Burton Road, Kingston-upon-Thames. I saw DI NICOLSON get out of the front passenger seat of the vehicle and DS PEPE get out of the off-side rear door of the vehicle as it was parked. I saw them approach a man in a purple ‘T’ shirt and blue jeans whom I now know to be Michael John SMITH. I was the driver of the vehicle and consequently this was the first time I had seen the man SMITH. DI NICOLSON and DS PEPE crossed over Park Farm Road whilst I remained in the vehicle. I saw DI NICOLSON and DS PEPE show their warrant cards to SMITH and engage him in conversation. I then saw DI NICOLSON take hold of SMITH’s left arm but I did not hear anything that was said. I saw SMITH begin to pull away from DI

 

Signed             H. Kelly                      Signature witnessed by

 

No. 991A

 


Witness Statement Page 21

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Hugh Kelly

 

NICOLSON and DS PEPE get hold of his right arm. At this point I saw SMITH go very tense and I saw him say something but I do not know what. I saw DS PEPE place handcuffs on SMITH and I saw SMITH begin to struggle and look towards his flat at 48a Burton Road. DI NICOLSON and DS PEPE made SMITH walk across the road to the police vehicle (F709 OUL) in which I was sitting in the driver’s seat. They placed SMITH in the off-side rear of the vehicle as it was parked. SMITH was complaining to DS PEPE that his handcuffs were placed too tightly around his wrists. I then drove the vehicle away towards the centre of Kingston-upon-Thames. SMITH demanded to know where we were going and DS PEPE was attempting to calm SMITH down as we drove South along Richmond Road, Kingston-upon-Thames. SMITH suddenly started shouting, “I’m being kidnapped, help me”. It was a hot day and I was driving with my driver’s door window opened which I tried to close, this was not easy because SMITH began to struggle violently, the car began to rock and was very difficult to keep on the road. DI NICOLSON called for urgent assistance on the police radio and I heard him asking for a police van. I drove into Clarence Road, Kingston-upon-Thames and stopped the vehicle outside JOHN LEWIS Department Store. DS PEPE was leaning over SMITH and trying to restrain him. At this point uniformed officers arrived in three vehicles. SMITH continued to struggle and refused to get out of the police car. AT 9.50 hours approximately SMITH was escorted, eventually, by DS PEPE and a uniformed police officer into a waiting police van. DI NICOLSON and myself then got back into police vehicle F709 OUL and drove to Paddington Green Police Station as part of a three vehicle police convoy. We arrived in the yard of Paddington Green Police Station at 10.17 hours. DS PEPE then brought SMITH over to our police vehicle in which he had

 

Signed             H. Kelly                      Signature witnessed by

 

No. 991C

 


Witness Statement Page 22

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Hugh Kelly

 

been placed initially after arrest. In the presence of DI NICOLSON, DS PEPE, PS 19 DD Anthony DAVIES and SMITH I searched the vehicle F709 OUL and from the rear seat of that vehicle I retrieved a wrist watch and a newspaper which SMITH then identified as belonging to him. SMITH was then taken into the Custody Suite at Paddington Green Police Station where DI NICOLSON gave the facts relating to SMITH’s detention to the Custody Officer. Whilst at Paddington Green Police Station DS PEPE and myself conducted a strip search of SMITH in the Force Medical Examiner’s Room. DS PEPE, SMITH and myself then returned to the Custody Suite to complete the procedure for SMITH’s detention.

 

Signed             H. Kelly                      Signature witnessed by

 

No. 991C

 


Witness Statement Page 23

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Bruce FOX

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police officer PC 101 SW

 

Dated 19 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at 9.45 am I was on duty in full uniform with PC 225 VK SEYMOUR on mobile patrol in a marked police vehicle. I received a message via my PR to attend outside JOHN LEWIS PLC, Wood Street, Kingston, where plain clothes police officers had arrested a suspect who was now becoming violent. On my arrival I saw a blue Ford Sierra motor vehicle stationary in Wood Street. A marked police dog van was also on scene. The two officers from this vehicle went to the rear nearside door of the Sierra. The two Dog Patrol Officers opened the door, inside the vehicle sat on the rear seat was a man who I now know to be a Mr SMITH. A plain clothes officer got out of the front passenger seat of the vehicle and said to me, “this man has been arrested, I want him taken directly to DD.” Mr SMITH was in handcuffs and sat next to him was another plain clothes police officer. One of the dog handlers said to Mr SMITH, “Please get out of the vehicle and get into the van.” Mr SMITH said, “Let go or else, I’m staying here.” The incident had drawn a large crowd of local shoppers. Further attempts were made to persuade Mr SMITH to leave the back of the Sierra. Mr SMITH refused to leave. One dog officer took hold of Mr SMITH’s left trouser leg and pulled his leg out of the car and handed it to me. I held his leg. The dog handler then took hold of his other leg. He was then pulled out of the

 

Signed             B. Fox             Signature witnessed by

 

No. 991A

 


Witness Statement Page 24

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                PC Bruce FOX

 

vehicle. As he was half way out the dog handler said to Mr SMITH, “Are you going to walk.” He said, “Yes.” He then stood. Both dog handlers then took hold of Mr SMITH’s arms and walked him to the van. He was placed in the police van at 9.50 hours. I then sat in the rear of the van with a plain clothes detective. As soon as the van doors were closed the detective removed Mr SMITH’s handcuffs. He was then taken to Paddington Green Police Station where he was taken to the charge room by detectives. He arrived at Paddington at 10.17 hours. At no time was unreasonable force used on Mr SMITH whilst he was in my sight. All officers acted in a correct and polite manner with Mr SMITH. I searched the police van in Mr SMITH’s presence both before and just after his entering and leaving the van. On both occasions I found nothing of interest

 

Further to my above statement the plain clothes detective in the rear of the Sierra and who accompanied both Mr SMITH and myself in the van was a DS PEPE. The officer who directed that Mr SMITH be taken to Paddington Police Station was a DI NICOLSON. I now know that Mr Michael John SMITH is the man who was arrested on the above day.

 

Signed             B. Fox             Signature witnessed by

 

No. 991C

 


Witness Statement Page 25

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Jan SEYMOUR PC 225VK

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Constable (178740)

 

Dated 25 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was on duty in uniform employed as the driver of a marked police van, accompanied by PC 232VK FOX. At 9.45 am I heard over my personal radio that plain clothes officers required assistance with a prisoner who had become violent outside JOHN LEWIS’ department store, Wood Street, Kingston. Upon arrival, I saw a blue Ford Sierra motor vehicle stationary in Wood Street with a marked police dog van parked alongside. The two dog handlers went to the rear nearside door of the Sierra and PC FOX joined them. As I got closer, one of the plain clothes officers, DI NICOLSON, got out of the front passenger seat and said, “This man has been arrested, I want him taken directly to DD.” He indicated a male sitting in the rear of the Sierra, whom I now know to be Michael John SMITH. He was handcuffed and another plain clothed officer was sat beside him. One of the dog handlers said to SMITH, “Please get out of the vehicle and get into the van.” SMITH said, “Let go or else, I’m staying here.” Despite several attempts to persuade him to get out of the vehicle, SMITH continued to refuse. I then left the Sierra and went to the rear of my van to open the doors. As I returned to the Sierra, I saw PC FOX and one of the dog handlers start to lift SMITH from the Sierra. A brief conversation then took place and both the officers released SMITH and he stood

 

Signed             Jan Seymour PC225VK                      Signature witnessed by

 

No. 991A

 


Witness Statement Page 26

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                PC Jan SEYMOUR PC225VK

 

up. He was then accompanied to the van by the dog handlers followed by PC FOX and the plain clothed officers. SMITH was placed in the van at 9.50 am and was joined inside the rear cage by PC FOX and one of the plain clothed officers, DS PEPE. I closed and locked the rear doors and then drove the van to Paddington Green Police Station arriving there at 10.17 am. SMITH was taken by officers who had been awaiting our arrival to the charge room and I had no further contact with him.

 

Signed             Jan Seymour PC225VK                      Signature witnessed by

 

No. 991C

 


Witness Statement Page 27

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Robert COUCH

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Officer PC 519SW

 

Dated 25 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at about 9.45 I was on duty correctly dressed in full uniform with PC466SW FIELD in Area Zero five six dog van, when I heard a message over the force R/T that police needed assistance outside JOHN LEWIS STORE in Wood Street, Kingston. On my arrival I saw a blue Ford Sierra motor car stationary in Wood Street. I saw two men sitting in the rear seats, and another man standing near to the vehicle, who on my arrival he introduced himself as DI NICHOLSON, and asked myself and PC FIELD to escort one male, who I now know to be Mr John SMITH to a police van that had pulled up behind me. We went to the rear nearside door of the Sierra. PC FIELD opened the door and said to Mr SMITH, “Please get out of the vehicle and get into the van.” Mr SMITH said, “Let go or else, I’m staying here.” Mr SMITH refused to leave the vehicle. I took hold of Mr SMITH’s left trouser leg, just above his foot and lifted his legs from the car. I was helped by another uniform officer, with PC FIELD he was assisted from the Sierra. PC FIELD said, “Are you going to walk.” He said, “Yes.” He then walked with our assistance and got into the back of a police van at about 9.50 am. He was then driven from the scene, escorted by a traffic patrol vehicle, and PC466SW and myself left the scene.

 

Signed             R. Couch PC 519SW              Signature witnessed by

 

No. 991A

 


Witness Statement Page 28

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Terence John FIELD

Age of Witness (date of birth)            18 March 1953

Occupation of Witness                       Police Constable 76/166431

Address and Telephone Number        5HQ Dog Section, Teddington Police Station

 

Dated 24 September 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was on mobile uniformed patrol in company with PC 519 SW COUCH. At about 0945 hrs I heard a force R/T message to the effect that police needed assistance outside the John Lewis Store in Wood Street Kingston. On arrival outside the store I saw a blue Ford Sierra motor vehicle stationary in the street. One man was outside the vehicle and I could see two people in the rear of the vehicle. The man outside the vehicle introduced himself as D.I. Nicholson and produced a warrant card he then asked myself and PC COUCH to assist in transferring one of the males from the back of the Sierra to a uniformed police van that had arrived on scene. I now know this person to be Mr John SMITH. I opened the Sierra door and said to SMITH “Please get out of the vehicle and get into the van”. SMITH said “let go or else, I’m staying here”. He refused to leave the Sierra and with the help of other uniformed officers SMITH was removed from the vehicle. I had hold of his left arm and my other arm was behind his back. When he was out of the vehicle I said to him “Are you going to walk” he said “yes”. He then walked to the police van and was driven away escorted by a traffic patrol car. I then left the scene.

 

Signed             T. J. Field                    Signature witnessed by

 

No. 991A

 


Witness Statement Page 29

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DI Martin MORRISSEY

Age of Witness (date of birth)            23 October 1958

Occupation of Witness                       Detective Inspector (176793)

 

Dated 26 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I was on duty at 9.30 am when, in company with DC WILLIAMS, I entered 48A Burton Road, Kingston-upon-Thames. I was in possession of a search warrant for the premises and also two further search warrants relating to two motor vehicles, a Datsun index KJH 249W and a Peugeot index D514 BLD. In the house at this time were DS BEELS, DS GILBERTSON and DC ROBSON, along with a woman I now know as Mrs Pamela Avril SMITH. I went into the house and to the lounge and remained there until DS BEELS told me he was about to leave the premises. This was about 9.50 am at which time I informed Mrs SMITH that I proposed to search the premises under the authority of a warrant and asked her to point out the keys to the motor cars and her house keys which she gave to me. At about 10 am the officers who were to conduct the search entered the premises, namely DS SMITH, followed by DS HUDSON, DS MALCOLM, DC ROSS, DC TYLER, DC RAWLINGS, DC COX, and Mr ‘A’ of the Security Service who was present in a solely advisory capacity. After a short assessment and briefing the search commenced at 10.30 am. I have drawn a sketch plan, not to scale, of the premises which I submit with exhibit identification mark MSM/1 thereon. I had been instructed as officer in charge of the search and also acted as exhibits officer for the search. The method

 

Signed             Martin Morrissey D/I              Signature witnessed by

 

No. 991A

 


Witness Statement Page 30

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DI Martin MORRISSEY

 

employed by the officers was, on finding an item they decided to exhibit, to make notes in their own notebook as to the circumstances of the finding as soon as practicable and then as soon as possible to bring the item to me, in an exhibit bag. I then recorded the handing of the item to me contemporaneously in an exhibit book and sealed, as necessary, the item in the officer’s presence and retained it in my possession until such time as it was collected and taken to DS SINGLETON, which transaction was again recorded contemporaneously. The search was conducted between 10.30 am and 9.30 pm on Saturday 8th August, 8 am and 9.30 pm on Sunday 9th August and 8 am and 4.45 pm on Monday 10th August. Outside these hours the premises were left in the occupation of DC ASHTON and DC MOORE. On the afternoon of Saturday 8th August for reasons of security and privacy I directed that the two motor vehicles for which I held warrants be driven to Kingston Police Station and this was done by PC 469 VK and PC 589 VK along with DC TYLER and DC RAWLINGS who conducted the search of the vehicles on Sunday 9th August. DC WILLIAMS, DC COX and DS MALCOLM were not present at the search on Monday 10th August. At the conclusion of the search of the premises and of the vehicles I endorsed the warrants as required and along with a ‘notice of powers and rights’ left copies at the top of the stairs on a sideboard, and in the glove compartment of each vehicle.

 

Signed             Martin Morrissey D/I              Signature witnessed by

 

No. 991C

 


Witness Statement Page 31

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Stephen UPSHALL 173985

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Constable

 

Dated 4 September 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday the 8th August 1992 I was on duty in uniform driving a marked police vehicle. As a result of information from PS 8 MORGAN, myself and PC 589 HEATH went to the vicinity of 48A Burton Road, Kingston. At this location I was met by plain clothes officers who handed to me a set of keys belonging to a silver motor vehicle index KJH 249W. I then drove the vehicle direct to Kingston Police Station where I placed the vehicle undercover and secured the vehicle. I then handed the keys to DC TYLER in the front office of Kingston. I completed a 132 entry (132/157/92). At no time did I search the vehicle.

 

Signed             S. Upshall                    Signature witnessed by

 

No. 991A

 


Witness Statement Page 32

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Alan David TYLER

Age of Witness (date of birth)            41 (6 August 1951)

Occupation of Witness                       Detective Constable

 

Dated 25 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday, 8th August 1992, at approximately 10.10 am, I entered the premises of 48A Burton Road, Kingston-upon-Thames, Surrey, as part of a search team. Present on my entry were DI MORRISSEY, DS SMITH and DC WILLIAMS. Following a briefing and assessment of the premises I commenced a search of the bathroom, in company with DC RAWLINGS at 10.30 am. In respect of exhibits, the following guidelines were adhered to throughout the course of the search; in the case of each item, notes were made in my pocket book as soon as practicable after the finding, the exhibits were then placed in an exhibit bag and handed to DI MORRISSEY, the exhibits officer, as soon as possible after the initial finding. A chronological list of exhibits that I found or witnessed being found at the house now follows: At 7.40 pm I witnessed the finding by DC RAWLINGS of a quantity of correspondence and a miniature address book in the right hand drawer of the dresser in the hall (SR/1). The following day, Sunday, 9th August 1992, the search recommenced at 8.00 am. At 9.00 am I witnessed DC RAWLINGS find a business card in the name of ASPI MULLA, in the middle drawer of the dresser in the hall (SR/2). At 7.40 pm whilst searching the bedroom I found in an envelope on the floor on the far side of the bed to the door a bank statement in the name of MICHAEL JOHN SMITH, dated 5th August 1992 (ADT/1).

 

Signed             Alan Tyler, Detective Constable         Signature witnessed by

 

No. 991A

 


Witness Statement Page 33

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Alan David TYLER

 

Whilst searching the bedroom shelves in the chimney alcove with DC COX, I witnessed him find the following items: a Russian made slide projector at 8.10 pm (SC/8), a Kodak instamatic camera at 8.15 pm (SC/9), a map of Moscow at 8.25 pm (SC/10), a tennis racquet at 8.35 pm (SC/11). On Monday, 10th August 1992, the search of 48A Burton Road, Kingston-upon-Thames recommenced at 8.00 am. At 10.55 am I was handed 13 exhibits by DI MORRISEY for transportation to Paddington Green Police Station. These 13 exhibits were handed by myself to DS SINGLETON at Paddington Green Police Station at 12.05 pm. Upon return to 48A Burton Road, at 2.35 pm I found in the right hand drawer of the dresser in the hallway a receipt for the London Guitar Studio (ADT/2). The search of the house concluded at 4.45 pm that day. With respect to Mr and Mrs SMITH’s vehicles, on Saturday, 8th August 1992, under the instructions of DI MORRISSEY, a Datsun motor vehicle, index number KJH 249W and a Peugeot motor vehicle, index number D514 BLD, were driven from Burton Road to Kingston Police Station. The Datsun and Peugeot being driven by PC 469 VK and PC 589 VK respectively and followed in a police vehicle by DC RAWLINGS and myself. Both vehicles were parked and safely secured under cover in the Police Station yard, the keys being deposited and recorded with the Station Officer. On Sunday, 9th August 1992 I returned to Kingston Police Station with DC RAWLINGS and at 10.50 am in the Station yard we commenced a search of the Datsun motor vehicle, index number KJH 249W; adhering to searching guidelines throughout. At 11.40 am I witnessed DC RAWLINGS find one sheet of lined paper containing technical writing thereon in a plastic bag which was under the carpet of the front driver’s side floor well (SR/3). In the boot of the vehicle, at 12.15 pm I

 

Signed             Alan Tyler, Detective Constable                     Signature witnessed by

 

No. 991C

 


Witness Statement Page 34

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Alan David TYLER

 

witnessed DC RAWLINGS find a blue holdall with white trim, inside which was a quantity of correspondence and components within a Sainsbury’s carrier bag, covered by a blue plastic carrier bag (SR/4). Together with DC RAWLINGS I returned to 48A Burton Road, Kingston with exhibits (SR/3) and (SR/4) which were handed to DI MORRISSEY at 1.00 pm. The search of the Datsun vehicle recommenced at 2.15 pm in the Station yard of Kingston Police Station, the searching officers again being myself and DC RAWLINGS. At 2.25 pm in the boot of Datsun, index KJH 249W, I witnessed DC RAWLINGS find a piece of paper with writing thereon, inside a carrier bag (SR/5). At 2.35 pm DC RAWLINGS and myself commenced a search of the Peugeot motor vehicle, index D514 BLD, in the Station Yard of Kingston Police Station. The search of this vehicle terminated at 4.00pm. Both sets of keys for the vehicles were returned to the Station Officer at Kingston once the cars had again been secured. A copy of the search warrant and notice of rights were endorsed as executed and left in the glove compartment of each vehicle. Exhibit (SR/5) was handed to DI MORRISSEY at 5.00 pm that day. On Wednesday, 19th August 1992, as a result of what I was told by DCI GRAY, I returned to Kingston Police Station where I met BOB ISTED, a photographer from SO3. I obtained the keys for the Datsun vehicle, index number KJH 249W, from the Prisoners Property Officer and between 10.40 am and 11.00 am I accompanied Mr ISTED while he took photographs of the vehicle. Particular attention was paid to the front driver’s floor well and to the boot area where the exhibits had been found. I thoroughly and carefully re-examined the front driver’s floor well and could find no evidence of any holes, damage or repairs. In view of the age of the vehicle it was in very good structural condition.

 

Signed             Alan Tyler, Detective Constable                     Signature witnessed by

 

No. 991C

 


Witness Statement Page 35

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Alan David TYLER

Age of Witness (date of birth)            41 (6 August 1951)

Occupation of Witness                       Detective Constable

 

Dated 21 September 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Wednesday, 2 September 1992, I initiated enquiries through the Driver and Vehicle Licensing Agency DLVA Liaison, TO25 (CTB), regarding the registered owner of a silver Datsun Cherry saloon, index KJH 249W. On Monday, 21 September 1992 I received a computer printout from the Driver and Vehicle Licensing Centre which showed that this vehicle has been registered to Michael John SMITH, 48A Burton Road, Kingston upon Thames, KT2 5TF, since 14 May 1983. The vehicle, currently licensed until 1 November 1992 is still registered in his name. I exhibit this DLVC printout as ADT/3.

 

Signed             Alan Tyler, Detective Constable         Signature witnessed by

 

No. 991A

 


Witness Statement Page 36

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Sian RAWLINGS

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Constable

Address and Telephone Number        New Scotland Yard

 

Dated 24 August 1992

 

This statement, (consisting of   4   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at approximately 10.10 am, I entered the premises of 48A Burton Road, Kingston-upon-Thames, Surrey, as part of a search team. Present on my entry were DI MORRISSEY, DS SMITH and DC WILLIAMS. Following a briefing and an assessment of the premises I commenced a search of the bathroom together with DC TYLER at 10.30 am. In respect of exhibits, the following guidelines were adhered to throughout the course of the search: in the case of each item, notes were made in my pocket book as soon as practicable after the finding, the exhibits were then placed in an exhibits bag and handed to DI MORRISSEY, the exhibits officer, as soon as possible after the initial finding. A chronological listing of exhibits that I found, or witnessed being found at the house, now follows. A search of the bathroom and the kitchen did not produce any exhibits. At 7.40 pm I found a quantity of correspondence and a miniature address book in the right-hand drawer of the dresser in the hall (SR/1), which was witnessed by DC TYLER. The following day, Sunday, 9th August 1992 the search recommenced at 8.00 am. At 9.00 am I found a business

 

Signed             S. Rawlings                 Signature witnessed by

 

No. 991A

 


Witness Statement Page 37

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Sian RAWLINGS

 

card in the name of ASPI MULLA, in the middle drawer of the dresser in the hall (SR/2), which was witnessed by DC TYLER. At 7.30 pm I found a RICOH camera and booklet in a brown holdall on a bedside trolley at the far side of the bedroom (SR/6), which was witnessed by DS HUDSON. Also at 7.30 pm I witnessed DS HUDSON finding a British passport in the name of Mr M. J. SMITH in the same location (RH/20). At 8.15 pm I again witnessed DS HUDSON finding another British passport in the name of M. J. SMITH in a navy suitcase which was on the floor next to the bookshelves in the bedroom (RH/21). In the said same navy suitcase, I found a map of the Eastern States of the USA and a map of Chicago with markings thereon at 8.20 pm (SR/7). At 8.23 pm in the navy suitcase I found an address book (SR/8). Both (SR/7) and (SR/8) were witnessed by DS HUDSON. On Monday, 10th August 1992, the search of 48A Burton Road recommenced at 8.00 am. At 10.55 am DI MORRISSEY handed a quantity of exhibits to DC TYLER. At 11.10 am I then accompanied DC TYLER to Paddington Police Station with the exhibits. Following my return to 48A Burton Road, at 2 pm, in the centre drawer of the dresser in the hallway, I found a quantity of photographs (SR/9). At 2.10 pm, in the left-hand drawer of the table in the bedroom, I found a quantity of receipts and photographs (SR/10). In the built-in wardrobe of the bedroom, also at 2.10 pm, I found a box containing documents (SR/11). A quantity of hotel books and maps of France were found by myself at 2.20 pm, in a brown holdall on the bedside-trolley at the far side of the bedroom (SR/12). In the right-hand

 

Signed             S. Rawlings                 Signature witnessed by

 

No. 991C

 


Witness Statement Page 38

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Sian RAWLINGS

 

drawer of the table in the bedroom, at 2.25 pm, I found a quantity of maps, personal correspondence and receipts (SR/13). DS HUDSON and myself searched a bedside cabinet in the bedroom. At 2.45 pm I found a quantity of financial correspondence relating to Mrs P. A. SMITH (SR/14) which was witnessed by DS HUDSON, and at 2.50 pm I witnessed DS HUDSON finding a British passport, marriage certificate and international driving licence belonging to Mrs P. A. SMITH (RH/31). The search of the house concluded at 4.45 pm that day. With respect to Mr and Mrs SMITH’s vehicles, on Saturday, 8th August 1992, under the instructions of DI MORRISSEY, a Datsun motor vehicle, index number KJH 249W and a Peugeot motor vehicle, index number D514 BLD, were driven from Burton Road to Kingston Police Station. The Datsun and Peugeot being driven by PC 469 VK and PC 589 VK respectively, and followed in a police vehicle by myself and DC TYLER. Both vehicles were parked in the station-yard under cover and locked. The keys were deposited with the Station Officer at the Police Station. On Sunday, 9th August 1992 at 10.50 am in the station-yard of Kingston Police Station, DC TYLER and myself commenced a search of the Datsun motor vehicle index number KJH 249W; adhering to searching guidelines throughout. At 11.40 am I found one sheet of lined paper containing technical writing in a plastic bag, which was under the carpet of the front driver’s side (SR/3), which was witnessed by DC TYLER. In the boot of the Datsun, at 12.15 pm I found a blue holdall with white trim, inside which was a quantity of

 

Signed             S. Rawlings                 Signature witnessed by

 

No. 991C

 


Witness Statement Page 39

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Sian RAWLINGS

 

correspondence and components within a ‘Sainsburys’ carrier bag, covered by a blue plastic carrier bag (SR/4), again witnessed by DC TYLER. I returned, together with DC TYLER, to 48A Burton Road with exhibits (SR/3) and (SR/4) which were handed to DI MORRISSEY at 1.00 pm. The search of the Datsun vehicle recommenced at 2.15 pm at Kingston Police Station in the station-yard together with DC TYLER. At 2.25 pm in the boot of the Datsun I found a piece of paper showing an address, which was inside a carrier bag (SR/5), this was witnessed by DC TYLER. At 2.35 pm we began the search of the Peugeot motor vehicle index number D514 BLD, again in the station-yard of Kingston Police Station. The search terminated at 4 pm. Both sets of keys for the vehicles were returned to the Station Officer at Kingston Police Station, Police Sergeant 20 VK. Warrants and notice of rights were left, shown executed, in the glove-compartment of each vehicle. Exhibit (SR/5) was handed to DI MORRISSEY at 5 pm that day.

 

Signed             S. Rawlings                 Signature witnessed by

 

No. 991C

 


Witness Statement Page 40

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Robert Peter ISTED

Age of Witness (date of birth)            14 January 1952

Occupation of Witness                       Higher Photographic Officer

Address and Telephone Number        2-16 Amelia St, SE17, 0207 708 0508

 

Dated 19 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On the 19th August 1992 between the hours of 1040 and 1100 I went to Kingston Police Station and took seven (7) photographs of a Nissan Motor Vehicle and its contents. I now submit these photographs in an indexed album, exhibit No. RP1/1 the un-retouched negatives are held in the Photographic Section.

 

Signed             R.P. Isted                    Signature witnessed by

 

No. 991A

 


Witness Statement Page 41

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Anthony HINE

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Photographer

 

Dated 27 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On the 26th August 1992 I took one photograph of exhibit No.JS/14 at Photographic Branch, 2-16 Amelia Street, London, SE17. The un-retouched negative is filed at the Photographic Branch under S/C 10193-92.

 

Signed             A. Hine                       Signature witnessed by

 

No. 991A

 


Witness Statement Page 42

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DS Roseline Mary HUDSON

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Sergeant

 

Dated 25 August 1992

 

This statement, (consisting of   4   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at approximately 10.10 am, I entered 48A Burton Road, Kingston-Upon-Thames in company with other officers comprising a search team. Already present at the address were DI Morrissey, DS Smith and DC Williams. We were all briefed by DI Morrissey then commenced searching the premises at 10.30 am. Throughout the course of the search all exhibits found by me were entered into my pocket book and as soon as practicable were placed into an exhibits bag and handed to DI Morrissey, who was the exhibits officer. There follows a list of exhibits found by me in sequential order. At 10.55 am I found a red address book in a carrier bag in the downstairs hall. This is listed as RH/1.  At 11.40 am I found a paperback copy of Tolstoy’s Anna Karenina on the bookshelf in the stairway (RH/2). These two finds were both witnessed by DC Cox. At 12.45 pm I found a quantity of National Westminster Bank cheque books and statements which were in a box in the upstairs hall (RH/3). At 3.05 pm I witnessed DC Cox finding a quantity of correspondence in the left inside pocket of a grey tweed jacket found in the hall (SC/1). I also witnessed DC Cox finding the following items; at 3.10 pm a quantity of desk diaries (SC/2) at 3.20 pm a black attaché case and two carrier bags containing

 

Signed             R.M. Hudson              Signature witnessed by

 

No. 991A

 


Witness Statement Page 43

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Roseline Mary Hudson

 

documents (SC/3). At 7.30 pm 1 Avo meter in box (SC/4), 1 Pie 1020 Radio (SC/5), 1 Aiwa Stereo System (SC/6) and 1 Kisho Radio cassette player (SC/7). These items were all found in the hall. At 8.00 am the following day, the 9th August, 1992, I recommenced the search at 48A, Burton Road in company with DC Cox. At 8.05 am a quantity of correspondence and letters were found in the top drawer of the sideboard in the hall (RH/4) along with some maps and documents relating to Portugal (RH/5). At 8.10 am a magnifying lens and black plastic slides (RH/6), a receipt for a Fujica camera, dated 29.10.77, with instructions and strap (RH/7) and a mens Seiko watch (RH/8) were found in the same drawer. At 8.30 am also in the top drawer was found a yellow metal gadget in a plastic case (RH/9). These finds were all witnessed by DC Cox. When searching the middle drawer of the sideboard in the hall the following items were found; at 9.00 am a quantity of slides (RH/10) at 9.05 am a pink folder containing correspondence (RH/11) at 9.10 am a quantity of correspondence (RH/12) and at 9.20 am a list of frequencies (RH/13). These finds were also all witnessed by DC Cox. The bottom drawer of the sideboard produced the following items; at 11.00 am a quantity of letters (RH/14). At 11.05 am a quantity of electrical equipment (RH/15). At 11.10 am a Fujica camera with accessories and films (RH/16) and at 11.15 am two pieces of paper (RH/17) and two bank statements (RH/18). These finds were also witnessed by DC Cox. At 18.45 pm I found three tennis racquets in the upper cupboard of the hall (RH/19). These items were not witnessed by DC Cox. At 7.30 pm I found a British passport in the name of Mr M J SMITH, which was found in a brown holdall on the bedside trolley in the bedroom (RH/20). This find was witnessed by DC Rawlings. Also at 7.30 pm I

 

Signed             R.M. Hudson              Signature witnessed by

 

No. 991C

 


Witness Statement Page 44

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Roseline Mary Hudson

 

witnessed DC Rawlings finding a RICOH camera in the same brown holdall at the same location (SR/6). At 8.15 pm DC Rawlings witnessed me finding a British passport in the name of M J SMITH which was found in a Navy suitcase which was on the floor next to the bookshelves in the bedroom (RH/21).  At 8.20 pm I witnessed DC Rawlings find a map of the Eastern states of the USA and Chicago with markings (SR/7) and at 8.23 pm an address book (SR/8). These were both in the same navy suitcase on the floor next to the bookshelves in the bedroom. The search of 48A Burton Road was recommenced at 8.00 am on 10th August 1992. At 8.52 am, whilst searching the left hand drawer of the bedroom table I found a white envelope addressed to Mr M J SMITH, the envelope contained a letter and four separate sheets of paper (RH/22), this find was witnessed by DS SMITH. I then witnessed DS SMITH finding two brown envelopes, both of which contained a quantity of £50 notes (PMS/24) and (PMS/25). Between 10.05 am and 10.30 am a S03 photographer attended the premises searched and took photographs of exhibits RH/22, PMS/24 and PMS/25. At 8.30 am I found a yellow folder entitled ‘Mikes Investments’ (RH/23) a green folder containing correspondence (RH/24), three brown envelopes containing correspondence (RH/25) and a sheet of paper (RH/26). These items were all found in the left hand drawer of the bedroom table. At 12 noon I found three appointment diaries in a carrier bag under the left hand window in the bedroom (RH/27).  At 2.20 pm I found a quantity of slides in the middle drawer of the sideboard in the hall (RH/28). At 2.25 pm I found a quantity of correspondence relating to the USA. In the navy suitcase next to the bookshelves in the bedroom (RH/29). At 2.30 pm I found a quantity of photographs in the top drawer of the sideboard in the hall (RH/30). At 2.45 pm on searching the bedside cabinet in the bedroom I witnessed DC Rawlings

 

Signed             R.M. Hudson              Signature witnessed by

 

No. 991C

 


Witness Statement Page 45

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Roseline Mary Hudson

 

finding a quantity of correspondence relating to the financial matters of Mrs P. A. SMITH (SR/14) and at 2.50 pm DC Rawlings witnessed me finding a British passport, marriage certificate and international driving licence belonging to Mrs P A SMITH (RH/31). At 3.30 pm in the pocket of a grey tweed jacket in the hall I found a travel ticket to Dieppe and exchange receipts (RH/32) and another quantity of receipts (RH/33). The search of the premises was concluded at 1645 hours on 10th August 1992.

 

Signed             R.M. Hudson              Signature witnessed by

 

No. 991C

 


Witness Statement Page 46

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DS Paul Molyneux SMITH

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Sergeant

 

Dated 17 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992, shortly before 10 am, I entered the premises of 48a Burton Road, Kingston-upon-Thames. A woman who I now know to be Mrs Pamela SMITH had been arrested and was being escorted out of the premises. Following a briefing and assessment of the premises, I started to search the lounge of the flat at 10.30 am. Throughout the course of the search, the following guidelines were adhered to in respect of exhibits; in the case of each item, notes were made in my pocket book as soon as possible after the finding; the exhibits were placed in an exhibit bag and handed to DI MORRISSEY, the exhibits officer, as soon as possible after the finding. A chronological listing of exhibits found now follows. At 1.15 pm I found one videotape, with a business card attached to it, on the table in the lounge. This is listed as PMS/1. At 2.45 pm I found one computer monitor in the lounge (PMS/2). At 2.48 pm I found a quantity of computer discs in the lounge (PMS/3). At 2.53 pm I found one Diki storage device in the lounge (PMS/4). At 2.55 pm I found one computer keyboard in the lounge (PMS/5). At 2.56 pm I found one main computer unit in the lounge (PMS/6). At 3.00 pm I found a quantity of cable and mouse in the lounge (PMS/7). At 3.01 pm I found one CD Rom drive in the lounge (PMS/8). At 3.40 pm I found one curriculum vitae in

 

Signed             P. Smith                      Signature witnessed by

 

No. 991A

 


Witness Statement Page 47

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Paul Molyneux SMITH

 

the name of Michael SMITH in the lounge (PMS/9). At 8.00 pm I found a quantity of financial correspondence in the lounge (PMS/10). At 8.05 pm I found a quantity of correspondence in the lounge (PMS/11). The following day, the 9th August 1992, I recommenced the search of the lounge at 8.00 am. At 1.00 pm I found one EMI identification card in the name of M J SMITH in the. lounge (PMS/12); at 1.15 pm I found two diaries and two address books in a plastic bag in the left hand side of the lounge (PMS/13). At 1.30 pm I found one British passport, cancelled, in the name of M J SMITH in the left hand side of the lounge (PMS/14). At 1.55 pm I found a quantity of financial correspondence in the left hand side of the lounge (PMS/15). At 3.00 pm I found an application form for membership to the Institute of Quality Assurance in the name of FREYRE-SANDERS (PMS/16); this was found in a plastic bag in the left hand side of the lounge. At 5.00 pm I found a British Aerospace business card in the lounge near the door (PMS/17). At 5.20 pm I found a reel to reel tape containing a note in the bottom right book case of the lounge (PMS/18). At 5.25 pm I found one TDK video cassette, containing a note in the sleeve, on the lounge floor (PMS/19). At 7.50 pm I found a quantity of Russian newspapers dated 1975 in a cardboard box on the floor of the bedroom which I had begun to search; this is PMS/20. At 7.52 pm I found a letter in a cardboard box on the floor of the bedroom (PMS/21). At 7.53 pm I found a copy of The Guardian Newspaper dated 1977 in a cardboard box on the floor of the bedroom (PMS/22). At 7.55 pm I found a quantity of technical paperwork in a cardboard box on the floor of the bedroom (PMS/23). The following day, the 10th August 1992, at 8.00 am I continued the search of the bedroom. At 8.55 am I found one brown envelope containing one thousand pounds cash in fifty pound notes (PMS/24) and

 

Signed             P.M. Smith                  Signature witnessed by

 

No. 991C

 


Witness Statement Page 48

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DS Paul Molyneux SMITH

 

a further brown envelope with ‘Mike SMITH’ written thereon containing one thousand pounds cash in fifty pound notes (PMS/25). Both items were found in the left hand drawer of the bedroom table and their finding was witnessed by Detective Sergeant HUDSON. Just prior to the find, I witnessed DS HUDSON taking a white envelope from the same drawer of the bedroom table; when she opened it, there were four separate sheets of paper and a letter inside. She exhibited them as RH/22. At 9.40 am I found two sections of the Chicago Tribune dated June 1976 in the left hand drawer of the bedroom table (PMS/26). At 9.42 am I found a receipt for a Ricoh 500G camera in the left hand drawer of the bedroom table (PMS/27).  Also at 9.42 am I found one street map of Vienna in the left hand drawer of the bedroom table (PMS/28). At 11.30 am I found a quantity of financial correspondence in a red document box found on the bedroom floor (PMS/29). At 11.35 am I found a quantity of financial correspondence in a red document box found on the bedroom floor (PMS/30). At 2.00 pm I returned to the lounge. At 2.45 pm I found a quantity of .financial correspondence in the front right hand corner of the lounge (PMS/31). At 3.30 pm I found a quantity of receipts on the lounge floor (PMS/32). At 3.40 pm I found a quantity of correspondence on the lounge floor (PMS/33). At 3.50 pm I found a quantity of correspondence on the lounge floor (PMS/34). The search was concluded shortly after this last find.

 

Signed             P.M. Smith                  Signature witnessed by

 

No. 991C

 


Witness Statement Page 49

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Sean Niall COX

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Constable

 

Dated 26 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 at about 10.10 am I entered 48A Burton Road, Kingston-upon-Thames with other officers comprising a search team. Detective Inspector MORRISSEY was already present at the address, together with Detective Sergeant SMITH and Detective Constable WILLIAMS. DI MORRISSEY conducted a briefing and the search commenced at 10.30 am. I was detailed to search in company with Detective Sergeant HUDSON and throughout the search I made contemporaneous notes of articles found by me and those found by DS HUDSON which I witnessed. All articles found by me were placed in appropriate packaging and handed to DI MORRISSEY who was acting as exhibits officer. At 10.55 am I saw DS HUDSON find a red address book in a plastic carrier bag inside the entrance hall (identified as RH/1). At 11.40 am I saw DS HUDSON find a paperback copy of Anna Karennina by Tolstoy on a shelf by the staircase (identified as RH/2). At 3.05 pm in the pocket of a grey tweed jacket hanging in the upstairs hallway I found two Building Society payment books, one bank paying in book and one British Rail ticket for travel between London and Manchester (together these items are identified as SC/1). At 3.10 pm I found in a plastic carrier bag in the upstairs hall six desk diaries dated 1986 to 1992 inclusive (these are identified as SC/2). At 3.20 pm, in the upstairs

 

Signed             Sean Cox                     Signature witnessed by

 

No. 991A

 


Witness Statement Page 50

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Sean Niall COX

 

hall, I found a black attaché case and two carrier bags all containing documents (identified as SC/3). At 7.30 pm I found the following items in the upstairs hall: one “Avo meter” in its box (SC/4), one “Pye 1020” radio (SC/5), one “Aiwa” stereo system (SC/6) and one “Kisho” radio cassette player (SC/7). DS HUDSON witnessed the finding of all the above items. On 9th August 1992 at 8 am together with DS HUDSON I recommenced the search of 48A Burton Road. At 8.05 am I saw DS HUDSON find letters and other correspondence in the top drawer of a sideboard in the upstairs hall (identified as RH/4). At 8.10 am I saw DS HUDSON find a glass lens and black slides in the top drawer of the upstairs hall dresser (identified as RH/6). Also found at 8.10 am: a receipt dated 29.10.77 for a Fujica camera with instructions and strap (RH/7) and a man’s Seiko watch (RH/8). At 8.30 am I saw DS HUDSON find, in the same drawer, a yellow metal gadget in a plastic case (RH/9). When searching the middle drawer of the upstairs hall sideboard I saw DS HUDSON find the following items: at 9 am, a quantity of photographic slides (RH/10). At 9.05 am, a pink folder containing correspondence (RH/11). At 9.10 am, a quantity of correspondence (RH/12). At 9.20 am a list of frequencies (RH/13). At 11 am I saw DS HUDSON find a quantity of letters in the bottom drawer of the hall sideboard (RH/l4). At 11.05 am in the same drawer I saw DS HUDSON find a Fujica camera with accessories and films (RH/16). At 11.15 am, again in the bottom drawer, I saw DS HUDSON find two pieces of paper (RH/17) and at 11.15 am two bank statements (RH/18). I then assisted in the search of the bedroom and found the following items: At 8.10 pm in the chimney alcove one Russian made slide projector (SC/8). At 8.15 pm also in the alcove one Kodak instamatic camera (SC/9). At 8.25 pm one map of Moscow (SC/10) and at 8.35 pm one tennis racket (SC/11),

 

Signed             S. Cox                         Signature witnessed by

 

No. 991C

 


Witness Statement Page 51

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Sean Niall COX

 

these last were also found in the chimney alcove. My part in the search ended at 9.30 pm.

 

Signed             S. Cox                         Signature witnessed by

 

No. 991C

 


Witness Statement Page 52

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              DC Michael ROSS

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Constable

 

Dated 21 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August 1992 I attended 48A Burton Road Kingston upon Thames and at about 10.30 am I started to search the bedroom of this first floor flat. Throughout the search the following guidelines were followed with regard to exhibits; in the case of each item I made a note in my pocket book as soon as possible after the finding, placed the exhibit in an exhibits bag and gave it to DI MORRISSEY, the exhibits officer as soon as possible. The following is a list of exhibits all of which were found in the bedroom. At 3.45 pm one one page map of Slough found in a shoe box under the dressing table (MR1). At 3.59 pm one ticket number 643419 Greek and one receipt dated 1970-197- found in a white handbag on floor under the dressing table (MR2). At 4.20 pm a quantity of correspondence found in a red bag on the floor under the dressing table (MR3). At 5.26 pm one envelope with name TERESA JIMINES and address thereon found in the bottom of the wardrobe (MR4). At 7.35 pm Curriculum Vitaes of Mrs SMITH found in the left hand side of a cabinet on top of the wardrobe (MR5). At 7.45 pm Education Certificates of Mrs SMITH found in the right hand side of the cabinet on top of the wardrobe (MR6). At 7.50 pm a quantity of used carbon paper found in the right hand side of the cabinet on top of the wardrobe (MR7)

 

Signed             Michael Ross               Signature witnessed by

 

No. 991A

 


Witness Statement Page 53

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                DC Michael ROSS

 

At 8.15 pm a quantity of correspondence found in the right hand side of the cabinet on top of the wardrobe (MR8). The search was continued on Sunday 9th August 1992 and I found the following exhibits in the bedroom. At 8.30 am one metal notebook holder and correspondence found in a drawer of the dressing table (MR8A). At 9.15 am a quantity of correspondence found in an upper drawer of the dressing table (MR9). At 11.05 am a quantity of correspondence found in a shoe box on the chest of drawers (MR10). At 11.55 am a quantity of correspondence found in the top drawer of the chest of drawers (MR 11). At 12.10 pm one address book and a key found in the top drawer of the chest of drawers (MR12). At 12.20 pm a quantity of correspondence found in a lower drawer of the chest of drawers (MR13). At 4.40 pm one old British Passport, number 040835F and one EEC passport, number 001707472 both in the name PAMELA SMITH found in a black shoulder bag under the table (MR14). At 4.50 pm a quantity of correspondence found in a black shoulder bag under the table (MR15). At 5.35 pm a quantity of correspondence found in a white bag under the table (MR16). At 6.10 pm a quantity of correspondence found in the left hand drawer under the bed (MR17). At 9.07 pm one miniature stamp album of East German stamps found in cardboard box of books on dresser (MR18). At 8.25 am on Monday 10th August 1992 one letter dated 5.6.73 found in a cardboard box on the dresser in the bedroom (MR19). At 9 am a quantity of correspondence in the dresser (MR20). At 9.45 am a quantity of correspondence on the middle shelf of the dresser (MR21). I left the address for the last time at 2 pm on Monday 10th August 1992.

 

Signed             Michael Ross                           Signature witnessed by

 

No. 991C

 


Witness Statement Page 54

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              PC Dale MALCOLM

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Officer

 

Dated 27 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Saturday 8th August and Sunday 9th August 1992 I was engaged in searching 48A Burton Road, Kingston with other officers and under the direction of Detective Inspector MORRISSEY. I began to search at 10.30 am 8th August and when I seized an item I would make a note regarding the seizure in my pocket book and then hand the item to Detective Inspector MORRISSEY. I was only involved in searching the bedroom and consequently the following list of items seized were found there. I conducted the search with Detective Constable ROSS and where he has found an item which I have witnessed I have indicated this. At 12.30 pm I found one Access slip, account 5224 0061 2943 4243 in a carrier bag on the floor beside the wardrobe by the door (DSM/1). At 12.33 pm I found one piece of paper with names and numbers thereon in the same carrier bag as DSM/1 (DSM/2). At 12.35 pm I handed DSM/1 and DSM/2 to DI MORRISSEY. At 12.55 pm I found one envelope and letter with 546 1397 thereon on the floor beside the wardrobe by the door (DSM/3) and at 1.03 pm I handed it to DI MORRISSEY. At 3.45 pm I witnessed the finding of a one page map of Slough found in a shoe box on the floor under the dressing table (MR/1). At 3.59 pm I witnessed the finding of one ticket number 643419 Greek and one receipt 1970-197 found in a white handbag on the floor under the dressing table (MR/2). At 4.10 pm I

 

Signed             Dale Malcolm              Signature witnessed by

 

No. 991A

 


Witness Statement Page 55

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                PC Dale MALCOLM

 

found a book of matches, “J.B. Cafeteria, Calla Millor, Mallorca,” on the floor under the dressing table (DSM/4). At 4.20 pm I witnessed the finding of a quantity of correspondence which was in a red bag on floor under the dressing table (MR/3). At 4.57 pm I found a piece of paper, “Richard FLETCHER, 104 Hemmingford Road” in a shoe box beneath the dressing table (DSM/5). At 5.15 I handed DSM/4 to DI MORRISSEY and at 5.17 I handed DSM/5 to him. At 5.26 pm I witnessed the finding of one envelope, “Teresa JIMENEZ, 44b St Lawrence Terrace, W10”, in a carrier bag at the bottom of the wardrobe on the left hand side (MR/4). At 7.30 pm I found a quantity of correspondence in a plastic wallet in a plastic carrier bag in the cabinet above the wardrobe (DSM/6) and at 8.20 pm I handed it to DI MORRISSEY. At 7.35 pm I witnessed the finding of CV’s of Mrs SMITH in the left hand side of the cabinet on top of the wardrobe (MR/5). At 7.45 pm I witnessed the finding of educational certificates of Mrs SMITH in the right hand side of the cabinet on top of the wardrobe (MR/6). At 7.50 pm I witnessed the finding of a quantity of used carbon paper in the right hand side of the cabinet above the wardrobe (MR/7). At 9.30 pm I stopped searching. At 8.00 am on Sunday 10th August I resumed the search of the bedroom. At 8.30 am I witnessed the finding of one metal notebook holder and correspondence in a drawer of the dressing table (MR/8). At 11.05 am I witnessed the finding of a quantity of correspondence found in a shoe box on the chest of drawers (MR/10). At 11.10 am I found one 1991 diary containing a quantity of correspondence in a shoe box on the chest of drawers (DSM/7) and handed it to DI MORRISSEY at 11.22 am. At 11.55 am I witnessed the finding of a quantity of correspondence in the top drawer of the chest of drawers (MR/11). At 12.10 pm I witnessed the finding of an address book and a key in the top

 

Signed             Dale Malcolm                          Signature witnessed by

 

No. 991C

 


Witness Statement Page 56

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                PC Dale MALCOLM

 

drawer of the chest of drawers (MR/12). At 12.20 pm I witnessed the finding of a quantity of correspondence in the bottom drawer of the chest of drawers (MR/13). At 12.25 pm I found a quantity of correspondence in a black handbag on the floor beneath the chest of drawers (DSM/8) and handed it to DI MORRISSEY at 12.38 pm. At 4.40 pm I witnessed the finding of an old British passport number 040835F and one EEC passport 001707472 both in the name of Pamela SMITH in a black shoulder bag under the table (MR/14). At 4.50 pm I witnessed the finding of a quantity of correspondence in a black shoulder bag under the table (MR/15). At 5.15 pm I found twelve Natwest statements, current account 46385738, August 1987 to August 1990 in a clear plastic wallet on the floor beneath the table (DSM/9). At 5.15 pm I found nine Barclays statements, current account 70816213, September 1988 to March 1990 in the same clear plastic wallet as DSM/9 (DSM/10). At 5.35 pm I witnessed the finding of a quantity of correspondence in a white bag under the table (MR/16). At 6.05 pm I handed DSM/9 and DSM/10 to DI MORRISSEY. At 6.10 pm I witnessed the finding of a quantity of correspondence in the left drawer under the bed (MR/17). At 9.00 pm I found three maps of Austria and Belgium, and one guide book of Paris in a plastic carrier on the floor in front of the dresser in front of the chimney breast (DSM/11). At 9.07 pm I witnessed the finding of a miniature stamp album of East German stamps (MR/18) in a cardboard box of books on the dresser. At 9.25 pm I took the following items from DI MORRISSEY, took them to Paddington Green Police Station, and at 10.40 pm, handed them to DS SINGLETON: SR/6; RH/20; ADT/1; PMS/20; PMS/21; PMS/22; PMS/23; SC/8; SC/9; SC/10; SC/11; RH/21; SR/7; SR/8; DSM/11; MR/18.

 

Signed             Dale Malcolm                          Signature witnessed by

 

No. 991C

 


Witness Statement Page 57

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Jacqueline Karen BISHOP

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Photographic Officer

Address and Telephone Number        Metropolitan Police Photographic Branch

                                                            2/16 Amelia Street, SE17 3PY

                                                            0207 708 0508 Ext 242

 

Dated 10 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On 10.8.92 I went to 48A Burton Road Kingston and there between 10.05 and 10.25 hours I took four (4) photograph(s). These photograph(s) are detailed in the index of the photographic album S/C Reference No. 9483. This photographic album I now submit as Exhibit No. JKB/1. The unretouched negative(s) are filed in the Photographic Branch.

 

Signed             J.K. Bishop                 Signature witnessed by

 

No. 991A

 


Witness Statement Page 58

 

Form MG 11(T)

 

STATEMENT OF                  Jeffrey SINGLETON

Age if under 21                       Over 21

 

Dated 11 November 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am employed as exhibits officer in the case of Regina v Smith and have been so employed since 8th August 1992. During my employment it has been necessary to split and separate certain exhibits necessitating the re-labelling of exhibits with ‘J.S’ identification codes. Details of these changes to relevant exhibits are as follows. On 9th August exhibit SR3, a sheet of lined paper containing technical writing was opened and rebagged complete, re-labelled as J.S.8. On the same day exhibit SR4, a quantity of correspondence and components, was opened and split, the removed contents were variously bagged and labelled as exhibits JS14, JS15, JS16, JS17, JS18, JS19, JS20, JS21, JS22, JS23, JS24, JS25, JS26, JS27, JS28, JS29, JS30, JS31, JS32, JS33, JS34, JS35, JS36, JS37 and JS38. The remaining contents were resealed as exhibit SR4. On 10th August exhibit SC3, one black attaché case etc, was opened and two pieces of paper removed, rebagged and relabelled JS39. On the same day exhibit RH22, one (1) white envelope addressed to Mr M.J. SMITH containing letter and four (4) separate sheets of paper was opened and most of the contents removed, rebagged and re-labelled exhibits JS40, JS4l, JS42, JS43 and JS44. The envelope remained as RH22. On 11th August exhibit PMS34 a quantity of correspondence, was opened, a photocopy of a letter removed rebagged and labelled JS48 whilst the residual correspondence remained as PMS34. On the same day exhibit MR20 was opened and pieces of paper removed rebagged and labelled exhibits JS49, JS50 and JS51

 

Signed             J.R. Singleton              Signature witnessed by

 


Witness Statement Page 59

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Jeffrey SINGLETON

 

whilst the residual correspondence remained as MR20. On that day also exhibit CJS1, one (1) exposed 35mm film taken on 8/8/92 at about 9.15am, was opened by Detective Sergeant BEELS and certain contents removed rebagged and labelled as exhibits SJB22, SJB23, SJB24, SJB25 and SJB26. On 27th August exhibit SC3 was again opened and part of the remaining contents removed rebagged and labelled exhibit JS61, a quantity of technical documents.

 

Signed             Jeffrey Singleton                                 Signature witnessed by

 


Witness Statement Page 60

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              John Richard WELCH, B.Sc

Age of Witness (date of birth)            Over 21

 

Dated 18 September 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

LabRef:  UQ/3426/92

I am a forensic scientist specialising in the scientific examination of documents and handwriting.

 

On the 11th August 1992 I took possession of a number of items including the following:

 

JS/41  Sheet of paper bearing writing including  “PARLIAMENT HILL FIELD”

 

JS/42  Sheet of paper bearing writing beginning “STH HARROW”

 

JS/43  Torn piece of paper bearing writing beginning “JAN APR EVERY 4 MONTHS”

 

JS/44  Sheet of paper bearing writing beginning “KARL GEHRING”

 

JS/49  Two page letter written by Michael Smith and beginning “DEAR MR HILL”

 

JS/50  Two page letter written by Michael Smith and beginning “DEAR MRS THATCHER”

 

JS/51  Page torn from notepad bearing writing of Michael Smith

 

I examined these items briefly before returning them on the same day to D.C. Ashton

 

Signed             John Richard Welch                Signature witnessed by

 

No. 991A

 


Witness Statement Page 61

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                John Richard WELCH

 

LabRef:  UQ/3426/92

of the Metropolitan Police. On the 17th August 1992 I again took possession of these items, together with other items, in order to make more lengthy examinations.

 

On the 10th September 1992 I took possession of a number of items including item JS/18.

 

JS/18  Four pages of notes relating to car radar written by Michael Smith

 

I compared the bulk of the writing in each of items JS/41, 42, 43 and 44 with the writing of Michael Smith in items JS/18, 49, 50 and 51. I found many similarities between these writings. No single similarity is conclusive but the combination of similarities leads me to conclude that the bulk of the writing in each of items JS/41, 42, 43 and 44 was written by Michael Smith.

 

If required and if called upon to do so I can prepare photographic charts which I can use in court to demonstrate reasons for my conclusions.

 

Signed             John Richard Welch                Signature witnessed by

 

No. 991C

 


Witness Statement Page 62

 

Form MG 11(T)

 

STATEMENT OF                  Mrs C (Stella RIMINGTON)

Age if under 21                       Over 21

 

Dated 9 November 1992

 

This statement, (consisting of   4   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been employed by the Security Service for 23 years. I have made a study of the techniques used operationally, by the Intelligence Services of the former Soviet Union and of Russia whose intelligence services have inherited most of the Soviet intelligence services resources and assets, following the break-up of the Soviet Union in 1991. This study includes information gained from the debriefing of defectors from the Soviet and Russian intelligence services and from the Security Service’s observations of Soviet and Russian intelligence officers in the UK. I am thoroughly familiar with these techniques. The objective of these intelligence services is to gather intelligence with the aim of gaining political, economic and military advantage for their parent state. Included in this aim is the intention to cause short or long term damage not only to the Western State in which their intelligence is gathered but also to other Western States. There are a number of methods used by Soviet/Russian Intelligence Services to facilitate such intelligence gathering activities; one is to seek to suborn and recruit citizens of a Western State who have access to classified information and persuade them to hand it over usually in return for money. It is in the interest of the intelligence officer and his agent that such activities do not come to the notice of the authorities in the Western State. To this end, Soviet/Russian

 

Signed             Mrs “C”                       Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 63

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Mrs “C” (Stella RIMINGTON)

 

intelligence services have developed over the years particular ‘tradecraft’ practices designed to ensure the security of their operations, their officers and their agents. Meetings and other forms of communication between the officer and his agent are considered to be particularly vulnerable to the attentions of the security services in the host nation and there are many well established tradecraft practices designed to minimise this risk. Examples of these practices are:-

 

(a) Instructing an agent to follow a particular route to a meeting. A number of defectors have told us that this is normal practice designed to enable the officer to observe the agent and ensure he is not under surveillance. Douglas Britten, convicted under the OSA in 1968 was instructed to travel to meetings with his Soviet controller following a pre-arranged route.

 

(b) The use of marks made with chalk, drawing pens, sticking plaster etc. on walls, posts or similar or placing at a specific place a particular object, often an item of rubbish e.g. empty cigarette packet, orange peel etc to convey messages. Both marks and objects are placed so as to be readily visible to the passer-by without stopping. Different marks and objects indicate different messages to the agent and his controller and reduce the need for personal meetings or other communication which carry inherent risks. Dieter GEHARDT the South African naval officer convicted of espionage in 1983 and Geoffrey PRIME, the GCHQ officer convicted of espionage in 1982 both received messages from their Soviet controllers by means of chalk marks on telegraph poles and trees. An empty coca-cola can left in a specific place was also used by PRIME to convey messages.

 

(c) Selecting meeting places in open areas away from city centres, which are well used by the public and where a meeting would not attract undue attention but surveillance would be difficult and easily detected. I know from a number of defectors and from my service’s observations of Soviet/Russian intelligence officers that parks, quiet suburban areas, particularly suburban tube or

 

Signed             Mrs “C”                       Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 64

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Mrs “C” (Stella RIMINGTON)

 

railway stations within the 25 mile limit are favoured.

 

(d) Arranging in advance regular times, meeting places and arrangements if contact is lost or broken. As with marks and signals this is a well established method by which intelligence officers reduce the need for personal contact with their agents and so lessen the risk of discovery. Hugh Hambleton convicted of espionage in 1982 and Harry Houghton convicted of espionage in 1961 and Britten all had regular pre-arranged meeting times, places and “fall-back” arrangements if contact was broken or lost. I have familiarised myself with the Michael Smith case and in particular have examined exhibits JS/41-44 inclusive and read the relevant parts of his interviews. I am able to state that the notes contained in those exhibits are typical examples of the tradecraft referred to above, designed to ensure the security of clandestine meetings with an agent. I formed that opinion on the basis of the following:

 

JS/41 describes marks to indicate “danger” - a vertical line, and “come next day” - a horizontal line. It notes what appears to be a meeting at Horsenden Hill on 25 September with arrangements for further meetings if that meeting is not kept or contact is broken. I have visited Horsenden Hill, a popular open wooded area with a large car park some 3 miles from Smith’s workplace at GEC, East Lane Wembley. It is typical of sites selected by intelligence officers for intelligence meetings. The other notes on JS/41 have no intelligence significance.

 

JS/42 contains a note which appears to relate to a meeting at “Roxeth REC” on a date in April. I have visited Roxeth Recreation Ground which is situated in a quiet suburban housing estate close to South Harrow railway station. This is shown in exhibit PA4. It is an open park area with restricted access and typical of sites selected by intelligence officers for clandestine meetings, this exhibit also notes arrangements for meetings at Perivale or Sudbury town tube stations if the contact is lost. The other notes on JS/42 have no intelligence significance.

 

Signed             Mrs “C”                       Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 65

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Mrs “C” (Stella RIMINGTON)

 

JS/43 contains notes which appear to relate to regular contacts, possibly with a previously unknown person - “REC & GUARDIAN” probably refers to using the Guardian Newspaper as a recognition signal - carrying a particular newspaper is a common recognition signal. It also notes what could be signals for changed meeting arrangements, “green for next day” and “red for next Sat. pm”. The other notes have no intelligence significance.

 

JS/44 contains what appear to be arrangements for a clandestine meeting or meetings; details of signals - a vertical line for “danger” and a horizontal line for “come next day to agreed place” - a symbol, possibly a fire hydrant or notice board, for the location of the signal; details of another signal and location – “Abbotsbury Rd/Melbury coke can at bollard”. I have visited this location and it is shown in Exhibit PA3; details of a particular route dated 6 August, I have visited Harrow and can say that the route described in JS/44 “from bottom of hill walk up and (round Church Hill) into church” corresponds to the route up Peterborough Road from the junction with Kenton Road turning right into Church Hill which leads into St Mary’s Church, this route is shown in Exhibit PA1; details of meetings at Horsenden Hill; a list “get old project notes, biosensors, micromachining, micron-valve - give details about cut-backs, HTSC” which appears to be a list of requirements on which information is required. The other notes in JS/44 have no intelligence significance.

 

Signed             Mrs “C”                       Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 66

 

Form MG 11(T)

 

STATEMENT OF                  Philip ATKINSON, DET. SGT. 158766

Age if under 21                       Over 21

 

Dated 6 November 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday 17th September 1992, in company with DI Martin MORRISSEY, I went to the vicinity of Harrow-on-the-Hill, Middlesex where I took a number of photographs, PA/1 refers. Later that same day, again in the company of DI MORRISSEY, I went to the Roxeth Recreation Ground, South Harrow where I took several photographs of that area, PA/4. On 1st October 1992 I travelled to Melbury Road, Kensington, W8. At the junction of Abbotsbury Road I took a quantity of photographs, PA/3.

 

Signed             P. Atkinson DS                       Signature witnessed by

 


Witness Statement Page 67

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Steven Langford CUNDY

Age of Witness (date of birth)            28th June 1943

Occupation of Witness                       Physicist

 

Dated 10 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the Director of Hirst Research Centre. I have been employed by GEC since 1968 and have been the Director of GEC Hirst Research Centre since January 1987. On Sunday, 9th August 1992 I arrived at the premises of HRC in Wembley at about 8.30pm as the result of a telephone call to DI Nicolson who asked me to meet him as a matter of urgency that night. At about 9.00pm I met with DCI Gray and DI Nicolson who presented themselves as Special Branch Police Officers engaged in the investigation of offences against the Official Secrets Act allegedly committed by Michael Smith. I know this man to have been an employee of HRC up until 31.7.92 in the Quality Assurance Department. They showed me a quantity of documents and some components which were contained in a number of sealed bags. Between about 9.30pm and 12.00pm I examined these documents and articles and made notes assessing them accordingly. I have signed, dated and timed these notes and handed them to the officers while retaining a photocopy of them. My general assessment of the documents and articles is as follows: there has been a systematic attempt to obtain details of manufacturing procedures and piece parts relating to delay lines for the Rapier missile, a similar effort has been made in respect of surface wave acoustic devices, that collection included stolen

 

Signed             S. L. Cundy                Signature witnessed by M. Nicolson D/I

 

No. 991A

 


Witness Statement Page 68

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

material and material classified as RESTRICTED, and an effort has been made to summarise the objectives and aims of company confidential projects. The hand written documents are not of a type which need to be produced by anyone at HRC. Company confidential material has been removed without permission, some stolen from others files some copied from files which could have been held in the Q.A. department. Whilst I was not able to identify immediately all the articles shown to me, many of the components were recognisable as fairly out-of-date components in finished states, experimental devices and part processed semi conductor devices. No one person in HRC would need to have such a systematic collection of devices; they have been assembled by theft from several laboratories in the research centre.

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson D/I

 

No. 991C

 


Witness Statement Page 69

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Steven Langford CUNDY

Age of Witness (date of birth)            28 June 1943

Occupation of Witness                       Director Hirst Research Centre

 

Dated 24 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 10th August 1992, the documents and components shown to me on that day by DI Nicolson were in sealed bags marked JS/14 to JS/38 inclusive. On 24 August 1992 at GEC Hirst Research Centre I handed to Detective Constable Kelly daily time sheets (the signing in/out documents) maintained by the Q.A. department.  Included in the list of personnel required to sign in and out on these documents was Michael John Smith.  I exhibit these as SC/1.

 

Signed             S. L. Cundy                Signature witnessed by            Kelly DC

 

No. 991A

 


Witness Statement Page 70

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Steven Langford CUNDY

Age of Witness (date of birth)            28 June 1943

Occupation of Witness                       Physicist, Director of HRC

Address and Telephone Number        Hirst Research Centre

                                                            East Lane, Wembley, Middx. HA9 7PP

 

Dated 11 August 1992

 

This statement, (consisting of   9   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Today at HRC I met with DI Nicolson who handed to me three sealed bags respectively marked MN/2, MN/3 and MN/4 which contain original notes that I made on Sunday/Monday 8/9 August 1992 in respect of a number of documents and components shown to me at that time. This statement is made from my notes. JS16 A handwritten document entitled ‘Rugate filters for SDI’ dated June 1992 with 1 of 2 written on front page though there were 3 pages in all.  This refers to a project carried out at HRC.  It has been running for about 2 years and is still current. Contract is placed by SDI(PO) (Strategic Defence Initiative Procurement Office) but technically is managed by the DRA labs at Malvern (RSRE). The USA project monitors come from the Wright Paterson Air Force Base. The documents were examined. My assessment is (1) It is a good but not very technically detailed description of how the work is carried out (2) There are descriptions of why the project is being sponsored by the DOD (USA Department of Defense) (3) There are descriptions of apparently ‘available’ backing information and details such as - software programmes have been

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991A

 


Witness Statement Page 71

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

written. No such documentation as JS16 exists in this building as being necessary for us to carry out this work. Therefore, Mr Smith certainly has no need for such a document. JS17 A handwritten document entitled ‘Micromachining Project’ dated June 1992 with 1 of 3 written on front page. This project has been running for about 2 years and is still current. It is largely a commercially confidential programme there being no immediate direct military significance. The document JS17 appears to describe the aims well but there do appear to be the occasional embellishments that I do not recognise such as the cryogenic cooling and spiral fluid diode. There are some correct details on how some parts of the devices are made but generally it is obvious that the papers have been written by a non specialist. Once again there is no need for anyone at HRC to create such a document within HRC. Mr Smith certainly had no need to create such a document. JS18 A handwritten document entitled ‘Quasi optic Car Radar’. This describes a commercial project still in existence. There is some detail here not quite right. However the breadth of the information relating to current achievements, current customers and potential customers for derivatives of the work is quite astounding. Very few people (3 at the most) in HRC are aware of all the detail explained here. Some considerable research has gone into producing this document. However once again there is no reason for the existence of such a document.

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 72

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

JS19 A handwritten document entitled ‘Micronvalve Project’ dated May 1992 with 1 of 1 written on the front sheet. This is a project which has been running for about 5 years and is current. Funding and therefore interest in this technology and its applications do include the DRA. There are some classified military implications though most of the information we generate at HRC is not classified. This summary is poor compared to the other exhibits above and contains what I initially considered as quite extraneous detail. My colleague Mr Swallow who was examining the exhibits with me, but making his own independent notes, told me that the one item I picked on as being extraneous was not, but it was transitory and not key to the project - that related to the novel bondwire applied to this project. This exhibit is a rough summary of what is going on. I was tempted to speculate that this project being widespread in HRC and involving a wide range of personnel contributing very special skills would present some problem to anyone trying to access key information. There is no reason whatsoever for such a document to be produced by any member of my staff undertaking their normal duties. JS20 A handwritten one page document entitled ‘Olfactory Research Project’ dated May 1992.  This is a largely commercial project with potential military/policing applications such as ‘sniffing’ for illicit substances by Customs and Excise. Quite a good overall summary is generated here with one or two

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 73

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

surprisingly new and relevant details in particular the use of polysiloxane coatings. Experimental details recorded in this exhibit are good, in particular the use of pattern recognition to aid the identification of gases and vapours. It was however noteworthy that this project summary did not record who our main customer is nor the objective of that customer; that commercial customer has asked for extreme confidentiality from us and therefore the information is only available to those with a need to know. There are some military implications if and when this technology proves to be viable. This completed the examination, discussion and note taking from the handwritten exhibits. It is quite clear that there is no business reason why any of these documents should exist. These are very much the essence of leaking details - some considerable work has gone into obtaining seemingly relevant and sometimes accurate detail. But it is equally clear that none of the documents have been written by an expert and no overall management strategy/objective is exposed. They are what could best be described as ‘tasters’ - here is a summary of what is going on and what detail is readily available. Certainly Mr Smith would have no reason to have such documents in his possession. I was then shown exhibit JS38 and I recorded the following in my notes: JS38 A quantity of blueprints. I could not make detailed components on the precise technical details but

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 74

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

from my general knowledge I note: (a) Some blueprints had been removed from files for they had punched holes; (b) Some blueprints are copies; (c) One document is proprietary to HRC. Apart from the HRC property all the other drawings are the property of Cossor Electronics and are supplied to HRC to enable HRC to manufacture for Cossor Electronics F band delay lines. This is a microwave component we know is used by Cossor and incorporated by them in their equipment which in turn is supplied to BAe for the Rapier missile system. The documents are not marked as classified material nor are they identified as part of the Rapier system but all relate to military hardware which is still in manufacture. Mr Swallow and I were then shown exhibits JS22 to 32 inclusive and then JS37. Mr Swallow was immediately able to confirm that exhibit JS37 related to exhibits JS22 to 32 and that all the exhibits JS22 to 32 and JS37 were HRC manufacturing drawings for MKIII delay lines supplied to Cossor Electronics and eventually to BAe for the Rapier missile system. I was able to confirm that these were HRC documents. None of these documents were classified but they all relate to a military weapon system which is almost certainly classified. No one has authority to remove such drawings from the building.  JS14 This was a brown envelope which was emptied in front of me to reveal a mixture of components part finished components and experimental prototypes. The mixture was sorted to reveal a group of Surface

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 75

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

Acoustic Wave filters some of whose serial numbers were recorded as 63-35-B-TT, 8744-2667 1750(587), 63/55 63.5 MHZ, 10/37/B/20, 63/35/P/B082, 10/37/B/69. There were various pieces of processed GaAs (gallium arsenide) which on examination proved to be MMIC’s (monolithic microwave integrated circuits) with experimental distributed wideband microwave amplifiers defined. There were two items I could not immediately recognise but they appeared to be silicon devices made here. In summary all of the components were fairly old some even up to 8 years old, none younger than 2 years old. The components would need to have deliberately assembled into this collection - there is no single room or activity group at HRC which could have generated all those devices. There is no reason for any single person to have access to such material which in any case belong to HRC. JS21 This exhibit is a very comprehensive set of copies of documentation relating to the manufacturing schedule of delay lines for Rapier manufactured at HRC for Cossor. Documents are from a ring folder and all are marked Company Confidential. There were also various other letters, modifications issued by Cossor to us, our own publicity material relating to general capabilities in delay lines. Most of this material would be lodged with the QA department following standard practice relating to a military project. With the exception of the single sheet of HRC publicity material, none of this documentation should be removed from HRC.

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 76

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

JS15 A collection of documentation and build schedules relating to Surface Acoustic Wave devices. A very comprehensive assembly of documents from various sources. Some of these documents would have been lodged with the QA department. However we noted the presence of controlled copies issued personally to Mr F S McClement and the presence of documents classified RESTRICTED issued to Mr F S McClement personally. This is a military classification. At the same time as making this statement DI Nicolson asked me various questions and asked for comments. (1) Does the name Karl Gehring mean anything to me? It does. K A Gehring joined the scientific staff at HRC in 1982 (or 3?) and was employed until 1992 when, through ill health, he was declared redundant. He is approximately 55 years holding duel Swiss and UK citizenship having been born in the UK. His particular expertise is in superconductivity and its application to devices. He has represented GEC HRC in national fora on this subject and therefore is well known. Immediately following the discovery of high temperature superconducting ceramics (by IBM scientists in Switzerland) he devoted his work to this new material. During his employment at HRC his home was at Oxford; he lived here in Wembley in a lodging house. Recently the family home moved to Sheffield. Being cleared to SECRET he was privy to details of some military applications of high temperature superconductivity. Following an attack of hepatitis A - almost certainly as a result of water contamination in Oxford because he was not alone - he

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 77

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

never recovered his health and seemed for several years to be suffering from PVFS - he was certainly high strung and apparently highly stressed. I was also shown the following exhibit: RH/9 I could not immediately identify this object. However I consulted a member of the staff at HRC Mr P Burton who although he was fairly certain he knew what it was he expressed reservations because at least one key piece was missing. He did however produce a virtually identical component which was complete and was able to confirm that the RH/9 component was a galvanometer mirror assembly with the mirror missing. Such a component is not made here but a number of these items have been purchased in the past for a product to develop a piece of equipment. The device is used to scan laser radiation and finds applications in document scanners, perhaps supermarket checkout scanners and any application requiring a faster scan of laser radiation. The device is too small to be of any military significance. DI Nicolson then asked me what I understood by the following terms - ‘Biosensors’, ‘Micromachining’, ‘Micronvalve - give details of cut backs’. All three refer to projects at HRC and I believe it can only refer to GEC because this collection of projects must be fairly unique in the world under one roof. The Micronvalve project recently has been subject to funding restrictions (April 1992) and at least one member of staff formerly employed in the team has been declared redundant. All three projects are dual technologies able to deliver commercial products as well as

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 78

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

military products. The micronvalve programme has perhaps the highest known military content. I was also asked what I understood by the initials HTSC. This can only be High Temperature Superconductivity. A current project at HRC.

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 79

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Steven Langford CUNDY

Age of Witness (date of birth)            28 June 1943

Occupation of Witness                       Director Hirst Research Centre

 

Dated 24 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On the 11th August 1992 DI Nicolson came to this office and he permitted me to copy a document marked JS/8 and asked me to research the meanings of the numbers and writing on that document. Since then I have discussed the nature of the document with Mr D G Barlow, Q.A. Manager, and Mr T.A. Elson, his deputy in the Q.A. department. We now find that the numbers are the sequence control numbers applied to incoming orders. An incoming order is received by our Accounts/Commercial staff. It is assigned a sequence number and copies of the order and the sequence control number are sent to (i) The Commercial Manager (ii) the Q.A. coordinator (Mr J A Parker) (iii) the project leader likely to be involved in executing the contract. All three are asked to comment on the acceptability of the order. No order is accepted unless Q.A. agrees. Document JS/8 contains numbers starting at 8896 (for an order dated 9.3.90) to 9358 (for an order dated 5.11.90 received in Q.A. department on 9.11.90). However the numbering is not consecutive. We have investigated whether there is any purpose behind the choice of numbers. Mr J.A. Parker would inform one of three Q.A.

 

Signed             S. L. Cundy                Signature witnessed by            M. Gray DCI

 

No. 991A

 


Witness Statement Page 80

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

primes when an order was received for the attention of their respective areas. A selection of projects would therefore be generated for each of the primes: T A Elson, A W Youles, A H Nott. On examining the list in JS/8 we find that all three primes are involved. Therefore this list in JS/8 is not a single prime’s “attention list”. Further lists would be created when Q.A. system audits were planned. M J Smith T A Elson and D G Barlow would periodically draw up an “at risk register” - those projects where some special attention was needed because there were some criticalities (timescale, technology etc). We have examined such listings. They are not really as extensive as the list in JS/8 and, for instance, include numbers 09130, 09110 and 09138, numbers included in the time sequence represented in the JS/8 list but not included in that list. Therefore JS/8 is not an “at risk” register. We have considered whether these projects are placed within areas where M J Smith was asked to conduct a systems audit. I am assured that this is not the case; it is certainly not normal for such an associated list to be created and in some cases the selection represented by JS/8 fails this test. I therefore have to state that there is no known legitimate purpose for this list within Hirst Research Centre. In examining the projects named in that list we note that minor contracts are not recorded; we note that the majority of the projects are leading edge technologies where there are dual military and commercial objectives.

 

Signed             S. L. Cundy                Signature witnessed by            M. Gray DCI

 

No. 991C

 


Witness Statement Page 81

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Steven Langford CUNDY

Age of Witness (date of birth)            28 June 1943

Occupation of Witness                       Physicist, Director HRC

 

Dated 14 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Tuesday 11th August 1992 at Hirst Research Centre, East Lane, Wembley, I handed to DI Nicolson an Official Secrets Act declaration which was signed by M J Smith on 15th July 1986 and witnessed by Mr G D Prichard, a former Administration Manager at HRC. This document had been removed at my request from the files maintained by the Security Controller at HRC. Today, at Hirst Research Centre, I handed to DI Nicolson the following items: 1) The personnel file of Michael John Smith which, to the best of my knowledge is complete; 2) An annual report covering the period July 1989 to June 1990 issued by Hirst Research Centre to individuals within GEC under Company Confidential cover; 3) An annual report covering the period July 1990 to June 1991 issued by Hirst Research Centre to individuals within GEC under Company Confidential cover. In my previous statements I had been able to prove that certain named projects were indeed projects or activities carried out at Hirst Research Centre by reference to this latter report (item 3).

 

Signed             S. L. Cundy                Signature witnessed by            M. Nicolson DI

 

No. 991A

 


Witness Statement Page 82

 

Form MG 11(T)

 

STATEMENT OF                  Steven Langford CUNDY

Age if under 21                       Over 21

 

Dated 6 November 1992

 

This statement, (consisting of   5   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Friday 23rd October 1992 at Hirst Research Centre, Wembley, I met with DI Nicolson of Special Branch, New Scotland Yard and examined documents contained in a sealed bag marked SR4 and again viewed devices contained in a sealed bag marked JS/14, I make the following observations on these items from original notes made on that day and retained by me. QIR-FC-058 June ’88 Draft (a) Process flow chart for the construction of an infra-red imaging detector. This chart was acquired from the IRDL (Infra-red Development lab) and concerns the production of complete dewar assemblies for IR detectors based on CMT material (Cadmium Mercury Telluride). In the period up to March ’89 MR M J Smith was involved in Systems Audits and contract reviews in IRDL as part of his assigned tasks. The device constructed by following the process is not a classified object, however it is sensitive military material because the detector was destined to be the front end of a high quality infra-red imaging system which permits all weather and night time aircraft operations and night time visibility for gunners. There are no major commercial applications for this type of device because the costs are far too high for this quality of device. There are a few highly specialised applications in civil fields such as helicopter borne surveillance of electricity supply lines - looking for hot spots which may be the precursors of breakdowns. The dominant application of these devices is military.  Knowledge of the application technology for CMT detectors and the know how in respect of the production of detectors effectively was and still is a U.K. technology, invented at what was

 

Signed             S. L. Cundy                Signature witnessed by

 


Witness Statement Page 83

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

RSRE (Malvern), now DRA (Malvern) and in production at Southampton by Mullards, now Philips, and GEC. Information shown to me is not classified but unquestionably of military significance and if that information was communicated to foreign powers it would be considered as damaging the U.K. military interest. QSI-DS 238 This is a provisional specification sheet for a video line buffer produced at HRC. The document and the product are both very old (1986) and of commercial interest only. The document was stolen from the Q.A. Reference Library, it being an original. QSI-DR-251 These are design rules issued by the Q.A. Department for the measurement of line widths in integrated circuit structures. This document was created in order to align the standards and methods of measurement at (what was) Marconi Electronic Devices Ltd, Lincoln (now GPS Lincoln) with those in use at HRC. Included in the process list (Section 1. SCOPE) and referred to again in pages 6, 7, 8 and 9 is the silicon-on-sapphire (SOS) process. The SOS is of military use - being one of the first and still the best radiation hard integrated circuit technology. There are some commercial uses relating to satellites - those satellites can be both military and civil operations. SOS technology was and still is unique to GEC in the U.K. but there are other sources in the world now - principally US military houses. This technology is still in use today. The document was stolen from the Q.A. Reference Library, it being an original. QSI-CD-250 dated November 2 1986. Q.A. produced documentation on how to achieve control of the specification of operations to be carried out to produce integrated circuits in silicon. An old document but the methodology described is still generally applicable. The document actually refers to the 1.5 micron CMOS process for IC production.  Circuits produced by this technology have both military and commercial applications and are still in production in the U.K. and many parts of the Western world. QSI-PS-298 dated March 1987. This is a procurement specification for silicon-on-sapphire wafers.  This document contains all our know how on how to qualify incoming SOS wafers and grade the quality. This quality affects radically the yield of SOS IC’s in production. SOS technology is unique to GEC in the U.K. and there is strong military interest and

 

Signed             S. L. Cundy                Signature witnessed by

 


Witness Statement Page 84

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

military applications dominate. We note one of the suppliers is Japanese but this does not mean that this document is generally seen by all comers. QSI-PS-296 dated February 1987. This, like the previous document, was stolen from the Q.A. Reference Library. It is a procurement specification for silicon wafers for CMOS integrated circuit production. Unlike SOS, CMOS circuits have both military and civil uses. This document not nearly so sensitive as the above document - the specification is not unique and would be known by many manufacturers. QSI-DS-239 dated April 1986, stolen from the Q.A. Reference Library. This is a draft data sheet for IC’s used for signal processing. Data sheet and its information not of direct military significance however, as the data sheet suggests, the devices described would find application in radar processing which would be of military significance. QSI-DS-237 dated March 1987 another document stolen from the Q.A. reference library. It is a draft data sheet for a cascade arithmetic logic unit. No military application referred to in the sheet but would find application in radar signal processing. AN/102 Issue B Sept 1987 An application note provided to users of monolithic microwave integrated circuits (MMIC’s) giving general precautions and warnings about the use of Gallium Arsenide (GaAs) mmic’s. There is no immediate military significance to this note, however MMIC’s are largely only used for military purposes (costs high, performance high) and therefore recipients of this note were highly likely to be only military users. After these items there were 5 (five) specification sheets for specific GaAs mmic’s namely: GM 1208 A 8 - 12 GHz mixer Sept 1987, GP 1208 A 8 - 12 GHz 1 bit Phase shifter June 1987, GA 1801 A 0.5 - 18 GHz amplifier Aug 1987, GS 1802 A 2 - 18 GHz SPDT PIN switch June 1987, GM 9888 A 94 GHz mixer June 1987. These are devices which HRC was producing in prototype form at the time. HRC was unique in this period in its capabilities in high frequency GaAs MMIC’s. Worldwide there were several companies in the U.S.A., all established with heavy military funding, at a comparable technical level. All the components relate to potential radar systems - they all represent typical radar components but at the time of prototyping and of conducting the R & D into the production technology there were

 

Signed             S. L. Cundy                Signature witnessed by

 


Witness Statement Page 85

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

no specific military radar projects. Knowledge of the characteristics and capabilities of the circuit would certainly be of use to a foreign power because of the early warning they give in respect of likely future radar systems. We note that in Exhibit JS/14 there are a number of part finished, part mounted and finished semiconductor devices. These devices have now been sorted and identified by sub-numbers within Exhibit JS/l4. Amongst those devices we identify the following: SLC1. Various versions, 4 in all, including the version referred to in the data sheet GA 1801 A, of the 0.5 - 18 GHz distributed amplifier. This together with the data sheet is of much more significance. Now demonstrated to those skilled in the art is how to make the specified device. The very wide bandwidth of the device is only of military use. SLC2 A finished device corresponding to data sheet CM 9888 A. 94 GHz is a frequency used for terminally guided munitions and the mixer was designed as part of such a system. The combination of the device and the specification sheet now demonstrate to those skilled in the art how to make the device and knowledge of its functioning enables countermeasures to be devised. Because I could not readily identify further components contained in Exhibit JS/14, my colleague Mr D E H Smith who is an expert in SOS devices was asked to identify further exhibits. These were given sub-numbers as follows: SLC3-5 contains 3 versions of the same chip identified in GEC as MA734. This chip was designed and made at HRC. It is a processed test chip - it has no functionality - but it is a control circuit which is run through a 5 micron SOS process to test particular processes and to confirm that the process is in specification. SOS devices made by the process and its subsequent improvements were uniquely for military or space purposes. SLC6 is a chip designated MA931A. It has been manufactured by a 5 micron SOS process. It is a Reed-Solomon encoder for satellite communications. In this instance the customer was ESA.  But the process was and is still generally used to produce military circuits. I then examined a document prepared by Mr A. P. Pople dated 23.2.1984 concerning Joule Thomson minicoolers. These coolers are used for CMT infra-red imaging systems. The information contained in the document is unclassified

 

Signed             S. L. Cundy                Signature witnessed by

 


Witness Statement Page 86

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF                Steven Langford CUNDY

 

and probably contains public domain information. However developments of this cooler design are still in use today for military systems. There were 8 “Techbriefs” being publicity material relating to HRC and its general capabilities and products. There is no military significance here. Documents were from the period 1985-1987. There were 5 items in all containing public domain information, being newsletters, GEC journals and newspapers as follows: 2 in-house newsletters, 1 GEC journal of Research, 2 copies of GEC’s in-house newspaper dated April 1992, June 1992. I make the following general observations about Exhibit SR4 and the re-examination of the components contained in Exhibit JS/14 which have now identities SLC1 … 5. The material relating to CMT and infra-red imaging is of obvious military significance and of National importance because of the UK’s lead in this technology. The combination of specification sheets and actual GaAs MMIC’s creates a significant body of knowledge and potential know how for third parties. Because of the expense of this technology and because of its frequency range this technology is only of real military significance; the spec. sheets and devices actually related to prototype devices for generic future radar systems (the ‘building blocks’). The combination of process related sheets, device specification sheets and actually SOS devices also creates a useful body of information for third parties. Once again the extreme expense and radiation resistance of this technology limits the market applications and interest to military and space applications.

 

Signed             S. L. Cundy                Signature witnessed by

 


Witness Statement Page 87

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Gerald Herbert SWALLOW

Age of Witness (date of birth)            over 21 (12 May 1933)

Occupation of Witness                       Manager Microwave & Packaging Division

 

Dated 10 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been employed at Hirst Research Centre for some thirty four years and am now the manager of the Microwave & Packaging Division of HRC. On Sunday, August 9th 1992 at about 9.00pm and as a result of a telephone call received by me at my home I came to HRC where I met with DCI Gray and DI Nicolson who presented themselves as Special Branch police officers engaged in the investigation of offences against the Official Secrets Act allegedly committed by Michael Smith. I know this man to have been an employee of this company in the quality department until July 1992. They showed me a quantity of documents and some components which were contained in a number of sealed bags between about 9.30pm and 12.00pm. I examined these documents and articles and made notes assessing them. I have signed, dated and timed these notes and handed them to the officers whilst retaining a photocopy of them. My general assessment of the documents and articles is as follows: Much of what I have seen is directly applicable to the design, manufacture and assessment of devices such as microwave delay lines and surface acoustic wave devices which have been produced at Hirst Research Centre for incorporation into units which form part of the

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson D/I

 

No. 991A

 


Witness Statement Page 88

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Gerald Herbert SWALLOW

 

Rapier Missile System. This information is quite extensive and gives detailed specifications for all marks of this component up to those currently being produced together with parts lists, component drawings and processing techniques used during manufacture. Delay lines of this type have only been produced by Hirst Research Centre for military applications. Among the items examined were a range of surface acoustic wave devices the particular application of which is not known to me at this time. Among the documents examined are several carrying the military classification RESTRICTED which were originally issued to an engineer at HRC currently still engaged on research at HRC. On no account should documents of this nature be removed from the Hirst Research Centre or be seen by someone who has not been cleared in the usual way. I can only assume that they were removed without the knowledge of the engineer concerned at some time within the last few years.

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson D/I

 

No. 991C

 


Witness Statement Page 89

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Gerald Herbert SWALLOW

Age of Witness (date of birth)            over 21 (12 May 1933)

Occupation of Witness                       Manager, Hirst Research Centre

 

Dated 24 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 10th August 1992, the documents and components shown to me on that day by DI Nicolson were in sealed bags marked JS/14 to JS/38 inclusive.

 

Signed             G. H. Swallow                        Signature witnessed by            M. Gray DCI

 

No. 991A

 


Witness Statement Page 90

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Gerald Herbert SWALLOW

Age of Witness (date of birth)            12 May 1933

Occupation of Witness                       Manager, Microwave and Packaging Division

                                                            Hirst Research Centre

                                                            East Lane, Wembley, Middx. HA9 7PP

 

Dated 11 August 1992

 

This statement, (consisting of   5   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Today at HRC I met with DI Nicolson who handed to me three sealed bags respectively marked MN/5, MN/6 and MN/7 which contain original notes that I made on Sunday/Monday 8/9 August 1992 in respect of a number of documents and components shown to me at that time. This statement is made from my notes. JS16 A handwritten document describing work on Rugate filters for SDI. This looked like an “appetite wetter” for transmission elsewhere and gave rudimentary information on this type of device which could be used for example to protect pilots from incoming laser radiation re goggles, cockpit covers etc as radiation filters. It is my opinion that Mr Smith could not have access to this information in his Q.A. role. JS17 Micromachining. These handwritten notes give general data on the micromachining projects at HRC which are currently commercially orientated. Diagrams are of recently achieved structures, not current designs not for military applications but applications to cooling power devices have been discussed. Some details are

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 

No. 991A

 


Witness Statement Page 91

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Gerald Herbert SWALLOW

 

accurate, e.g. ceiling with negative resist on nickel plated structures which is for prototype use only. The information on forming techniques is fairly accurate. Mr Smith had no formal employment in this project to my knowledge. JS18 Quasi Optical Car Radar. Quite an extensive survey of the whole range of Quasi Optic programmes. Some details fairly accurate. Much of the information is not published. The information on patch trimming could only be obtained from “Blue Books” or by discussion with the engineers concerned. There is no reason why this should have been done. All the information gathered together covers a long period of work. The references to detection of gas clouds etc. and to Lear are surprising since there is as yet no Q.A. involvement being only at the discussion stages. JS19 The Micronvalve Project. The handwritten information is sketchy but accurate as far as it goes. The information on bonding techniques is not, to my knowledge, published since the whole project is of a developmental nature. There is no reason why anyone not concerned with the project should know of the mounting and bonding techniques which are features to this device. JS20 I have no personal knowledge of this project and am therefore unable to comment. JS38 This bag contained information pertinent to Delay Lines.  Engineering drawings examined are known to have originated in Cossor Electronics Harlow Essex and constitute procurement

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 92

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Gerald Herbert SWALLOW

 

specifications for an ‘F’ Band Delay Line supplied by HRC to Cossor as a microwave component for their OCF which is part of the Rapier Missile System. The drawings seem to be original Cossor issue and could not have been copied in this format in HRC since we have not got the type of machine needed. One drawing details the manufacture of a more recent box for a MKIII Delay Line, in itself of little value. Mr Smith has no authority whatsoever to remove drawings from HRC, some of which have apparently been taken from a file evidenced by the holes punched in one edge to facilitate binding. JS22-32 inclusive JS37 These bags contained drawings, all originating in HRC, pertinent to a MKIII Microwave Delay Line. This line is hermetically sealed and operates in F Band. Possession of this set of drawings would enable lines to be manufactured by someone with the appropriate facilities. No one at HRC has the authority to remove a set of drawings of this type from the building. This delay line is fitted to many of the later marks of OCF used in the Rapier Missile System. JS33-36 inclusive. These are parts lists for the components for the MKIII F Band Delay Line which give all drawing numbers for manufacturing drawings. They refer to the drawings detailed in JS22-32 - JS37. They also carry the marks of punch holes which suggest they have been removed from a file. Packets of samples. They appear to be S.A.W. filters originating

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 93

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Gerald Herbert SWALLOW

 

from HRC. Five filters were shown carrying Advanced Technology Component Labels. Serial numbers carried are:- 63-35-B.77., 8744-2667(1780/1587) . 63/35/P/B082. 10/37/B/20. 10/37/B/69. Various other discreet part processed Surface Acoustic Wave Devices were also seen together with a range of semiconductor devices such as GaAs amplifiers and un-encapsulated chips most of which are quite old and probably gathered over a period of time from various laboratories within HRC. JS21 All documents, though many out of date, relate to the specifications for a MKIII F Band delay line, 26.4 uSec. as specified by Cossor Electronics for incorporation into the Rapier Missile System O.C.F. (Operator Confidence Facility). The Cossor Procurement Document with its NATO number SAN-70-2 is copied complete, along with a copy of a letter to me dated 30 Sept 82 and data sheets of microwave measurements made as a series of S29 lines. Accompanying these is a photocopied version of our Company Confidential manufacturing instructions for lines of this type giving all manufacturing and measuring processes in great detail. On no account should this document have passed outside the Hirst Research Centre without the consent of very Senior Management which to my knowledge has never been given. The folder also includes a generally available leaflet or Techbrief describing the HRC capability on delay lines. JS15 This folder contains a

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 94

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Gerald Herbert SWALLOW

 

wealth of information, including drawings on the manufacture and test of Surface Acoustic Wave Filters. One complete document is Commercial in Confidence but the file contains at least two documents which carry the classification RESTRICTED. One of these was issued to an engineer currently working at HRC, namely F.S. McClement and could only have been removed without his knowledge. The documents also include letters from M.O.D. personnel to HRC staff members of the period.

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 95

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Dennis Geoffrey BARLOW

Age of Witness (date of birth)            44 years (3 March 48)

Occupation of Witness                       Quality Manager

                                                            Hirst Research Centre

                                                            East Lane, Wembley, Middx.

                                                            HA9 7PP  081 908 9000

 

Dated 11 August 1992

 

This statement, (consisting of   4   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the Quality Manager of the Hirst Research Centre. I head the Quality Unit which consists of 9 people. I have headed this department for 7 years. My department is responsible for the operation of the quality system to the satisfaction of NATO approval AQAP 1, as supervised by MOD. From Dec 1985 to July 1992, Mr M J SMITH was a member of the department. From 1985 to 1987, Mr SMITH was engaged as a Quality Engineer; this involved him performing activities associated with QA of the following technologies. 1. compound semiconductor processing for microwave integrated circuits which could have military uses. 2. Infrared detectors, also with possible military uses. 3. Semiconductor products associated with microwave and power applications. In this role, his access to classified information was extremely unlikely, as his activity concentrated on processing rather than products. His position would not grant him the right to see or possess anything concerning information, blueprints, component

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 

No. 991A

 


Witness Statement Page 96

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Dennis Geoffrey BARLOW

 

manufacturing drawings in connection with the Rapier missile, of which this company has provided components. I can think of no reason for anyone in my department to possess any component in relation to the Rapier project, or have any authority to remove it from the HRC premises. Since 1987, Mr SMITH has organised and operated the internal quality audit programme at HRC. This involves reviewing and confirming the effective implementation of management systems and procedures. In this role, he would have access to all activities of the HRC except personnel or classified matters. I knew his clearance was up to confidential, hence restricted his activities to non-military. Again, in respect of any activities associated with Rapier, this was beyond his access. While taking this statement, DI NICOLSON showed to me a number of documents contained in clear sealed bags. They were opened by him in my presence. I make the following comments on the contents of those documents by reference to the exhibit numbers written on those bags. JS18 (Quasi Optical Car Radar). Written for someone else. Contains more information than I would expect for someone performing a QA job. First 3½ pages contain commercial information. Last two paragraphs indicate potential military application. Peter BRIGGINSHAW, a senior engineer and expert, mentioned by name. JS20 (Olfactory Research). Would have accepted these notes for own purposes and

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 97

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Dennis Geoffrey BARLOW

 

information. JS17 (Micromachining Project). Basically commercial information. Could not date its preparation. I can think of military applications, but document does not state any. Amazingly detailed. JS19 (Micronvalve ). Basically commercial information technology has radiation hardness benefits which could make it of military interest. Wording suggests it is an update report. JS16 (Rugate Filters). References MOD establishments clear military applications, ref to SDI. The notes indicate a deep interest in technical and business details. This aspect has not been obvious in Mr SMITH’s past at HRC. My general view on the exhibits I’ve been shown is that if they were for personal use, I would expect them to be in a notebook with other areas of technology, and worded in a different style (as a personal record). I would have expected to be aware of such notes. The notes seem focussed and written for a third party, and extend beyond normal QA professional needs. Finally I was shown an untitled single sheet of paper contained in a clear sealed bag marked JS8. I have considered the contents of this and make the following observations. The number refers to an internal HRC contract reference, and the words give a general description of the contract activity. There is no obvious reason for their selection, but many have purely defence funding or

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 98

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Dennis Geoffrey BARLOW

 

relevance. I do not understand the compressed format and have never seen this form of listing before. I do not understand why intermediate contracts of a similar nature have been omitted. I cannot understand why such a document would be created.

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 

No. 991C

 


Witness Statement Page 99

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Dennis Geoffrey BARLOW

Age of Witness (date of birth)            44 years (3 March 48)

Occupation of Witness                       Quality Manager

                                                            Hirst Research Centre

                                                            East Lane, Wembley, Middx. HA9 7PP

 

Dated 20 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the Quality Manager of the Hirst Research Centre and have been for 7 years. Today from 11.00 am at Berkhamsted Police Station DS WALSH showed me a number of documents contained in bags which he opened in my presence. I have been asked to assess each document. I make the following comments on each document by reference to the exhibit numbers on those bags. JS38 contains blueprints from Cossor Electronics and relate to the ‘F’ Band Delay Line for Rapier OCF MKII as stated on the drawings. Michael SMITH, who was a member of my department between December 1985 and July 1992, may have had access to them in 1986. I would not expect these to be in his possession either at the Hirst Research Centre or at his home. One blueprint is a GEC original of the box design for the ‘F’ Band Delay Line MKIII. This drawing gives clear manufacturing dimensions and tolerances, and again should not be in his possession. JS22-JS36 inclusive are GEC manufacturing drawings for the ‘F’ Band Delay Line MKIII parts, which whilst not indicated on the drawings appear to be for the Rapier OCF. Possession

 

Signed             D. G. Barlow              Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 100

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Dennis Geoffrey BARLOW

 

of these documents would give clear manufacturing information. JS15 contains documents generally relating to manufacture and test of S.A.W. devices, surface acoustic wave devices, which would assist a third party to establish the S.A.W. manufacturing process. One document titled “Demonstrator Programme, Requirement Specification Band Pass Filter Assembly” and marked ‘Restricted, Commercial In Confidence’ indicates its military application on page 2 in that it states “the filter is to form part of an IF receiver incorporated in an airborne guided weapon”. None of the JS15 documents should have been removed from the HRC (Hirst Research Centre). JS21 contains a letter to HRC from Cossor Electronics dated 30/9/82 in which reference is made to the delay line and the need for a NATO number. JS21 also contains detailed manufacturing information for delay lines in the form of company confidential documents, and copies of test reports. JS37 contains eleven GEC drawings relating to the ‘F’ Band Delay Line MKIII for the Rapier system, and these give extensive dimensions and tolerances on piece parts. Whilst he could have seen these drawings at work, he should not have had them in his possession. RH9 contains a highly specialised component. I am not able to comment on it. SR4 contains a mixture of ‘public domain’ documents and company confidential documents. One document of particular interest is the “Infra Red Detector Configuration Flow

 

Signed             D. G. Barlow              Signature witnessed by            A. Walsh DS

 

No. 991C

 


Witness Statement Page 101

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Dennis Geoffrey BARLOW

 

Chart” which is marked ‘Commercially Most Secure Authorised Eyes Only’. This is used primarily for expensive detectors used in military surveillance applications. Mike SMITH may have been involved in writing the document, but again it should not have left the HRC. JS14 contains a mixture of components, chips and part assembled components. All appear to date from 1986/7 and are used for military purposes. Included are S.A.W. filters, high frequency gallium arsenide chips and radiation hard silicon on sapphire integrated circuit chips. All appear to be manufactured by HRC. Overall, all of the above relate to activities probably involving Mike SMITH during 1986 and 1987. I would not expect him to be involved with these items after 1987 and would not expect him to have them in his possession since he left employment at the HRC. Through my employment at the HRC, I can state that HRC is engaged on defence contracts for HM Government. I have been shown RH13 and RH17 and RH26 and PMS23. I can make no comment on these as they appear to relate to non-HRC activities.

 

Signed             D. G. Barlow              Signature witnessed by            A. Walsh DS

 

No. 991C

 


Witness Statement Page 102

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Sqdn Leader Colin BAGLEY

Age of Witness (date of birth)            27 February 1939

Occupation of Witness                       Project Officer, Current Rapier System

 

Dated 11 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am an RAF Squadron Leader currently posted to the Ministry of Defence (Procurement Executive). I have been a Rapier Project Officer for 5 years. Today I was made aware of enquiries by DCI Gray and DI Morrissey into a possible breach of the Official Secrets Act, I have been shown various articles in marked bags. These comprise engineering drawings, specifications and electronic components. I recognise these articles to relate to the Operators Confidence Facility, OCF, an item of test equipment used to test a Rapier by the operator, daily, when deploying and setting up the system. In my opinion these items have a military application only and could be useful to an enemy. Additionally, I believe that knowledge of these drawings and processes could be commercially beneficial in terms of military production.

 

Signed             C. Bagley                    Signature witnessed by            M. Morrissey DI

 

No. 991A

 


Witness Statement Page 103

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Sqdn Leader Colin BAGLEY

Age of Witness (date of birth)            27 February 1939

Occupation of Witness                       Project Officer, Current Rapier System

 

Dated 24 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 11th August 1992 I have today been shown plastic envelopes with exhibit identification marks JS/22, JS/23, JS/24, JS/25, JS/26, JS/27, JS/28, JS/29, JS/30, JS/31, JS/32, JS/33, JS/34, JS/35, JS/36, JS/37 thereon, relating to engineering drawings specifications and electronic components. I have previously been shown these items by Detective Inspector MORRISSEY on 11th August 1992. I can confirm that these are the same items that I saw previously with the exception of the blueprints which are not available today.

 

Signed             C. Bagley                    Signature witnessed by            M. Morrissey DI

 

No. 991A

 


Witness Statement Page 104

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Squadron Leader Colin BAGLEY

Age of Witness (date of birth)            27 February 1939

Occupation of Witness                       Royal Air Force Engineering Officer

 

Dated 28 October 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a Rapier Project Officer within the Ministry of Defence Procurement Executive and have been so employed for 5½ years but with a total of 9 years Rapier experience. The classification of the Rapier project is Restricted although the classification of the drawings and diagrams of the Operators Confidence Facility (OCF) is at either Unclassified or Restricted level. Rapier is a Short Range Air Defence weapons system used to defend military airfields and other similar strategic areas. It is in-service with the Army, Royal Air Force, United States Air Force and a number of overseas countries. The OCF is a test facility used by an operator to test the functions of the Information Friend or Foe and Surveillance Radar within the Rapier system; these are the means by which the system detects targets. The ‘F’ Band delay line delays a received signal by a specific period of time and then re-transmits it to seduce the Rapier system into believing that the signal is derived from a target within the operating range of the system and thus prove that the system is functioning correctly. The OCF is manufactured by Cossor Electronics and although it still forms part of the current Rapier system it is no longer in production. The ‘F’ Band delay line is an obsolete component. By modelling from OCF drawings and diagrams it would

 

Signed             Colin Bagley               Signature witnessed by            M. Nicolson D.I.

 

No. 991A

 


Witness Statement Page 105

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Squadron Leader Colin Bagley

 

be possible to back calculate and obtain some understanding of the design parameters and functions of the prime unit, i.e. the Surveillance Radar. Knowing this kind of detail, particularly any frequency sensitive data, could reveal information that could be used by a possible enemy for jamming (the electronic means of disabling a Radar) thus preventing the detection of potential enemy targets by the Rapier system. The individual diagrams and drawings on their own have no significant security classification, they may only attract a higher classification when part of a complete system.

 

Signed             Colin Bagley               Signature witnessed by            M. Nicolson D.I.

 

No. 991C

 


Witness Statement Page 106

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Gordon Stephen SMITH

Age of Witness (date of birth)            17 July 1939

Occupation of Witness                       Project Manager, Ministry of Defence

 

Dated 11 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the Project Manager for the Rapier Air Defence System Project. I have been so employed for 3 years.  I am aware of police enquiries into a possible breach of the Official Secrets Act. Today at about 10.10 am I met with Detective Chief Inspector GRAY and Detective Inspector MORRISSEY who showed me various articles in marked bags. Having examined drawings, specifications and assembly schedules together with a number of components it is evident that they relate to the OCF of the Rapier system. The OCF, the Operators Confidence Facility, forms part of the test equipment for the operational Rapier system. The Mark 2 version being applicable to Field Standard B1, FSB1, and the Mark 3 version to Field Standard B2, FSB2. The last FSB2 system to be produced will be available to enter service in September this year. I am of the opinion that the loss of this information would be prejudicial to the interests of the UK, and the other users of the Rapier system, that is to say our

 

Signed             G. S. Smith                 Signature witnessed by            M. Morrissey DI

 

No. 991A

 


Witness Statement Page 107

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF                Gordon Stephen SMITH

 

Allies. In my view this information has only a military application. In my view this information might also be useful to an enemy.

 

Signed             G. S. Smith                 Signature witnessed by            M. Morrissey DI

 

No. 991C

 


Witness Statement Page 108

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Gordon Stephen SMITH

Age of Witness (date of birth)            17 July 1939

Occupation of Witness                       Project Manager, Ministry of Defence

 

Dated 24 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 11th August 1992. Today Detective Inspector MORRISSEY has shown me drawings, specifications and assembly schedules which I have previously seen on the 11th August 1992. I notice that these are in plastic envelopes marked with the following exhibit identification marks JS/22, JS/23, JS/24, JS/25, JS/26, JS/27, JS/28, JS/29, JS/30, JS/31, JS/32, JS/33, JS/34, JS/35, JS/36 and JS/37. These are the same items I refer to in my previous statement, with the exception of some blueprints which I have been told are not available to be seen today.

 

Signed             G. S. Smith                 Signature witnessed by            M. Morrissey DI

 

No. 991A

 


Witness Statement Page 109

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Peter Leonard KNOWLTON

Age of Witness (date of birth)            Over 21 (16 September 1939)

Occupation of Witness                       HPTO, Ministry of Defence

 

Dated 10 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am Project Officer working within the Ministry of Defence and have worked on the Rapier Project for approximately 3½ years. Today, I was asked to meet Det. Ch. Insp. GRAY at the Ministry of Defence HQ, Metropole House, Northumberland Road and was asked to examine articles marked JS/14 to JS/38 inclusive. I was asked to express an opinion on the sensitivity of these articles in the context of national security and their usefulness to a foreign power. In my opinion, the articles seen do not on their own expose the country to any risk or exposure should they or the information reach a foreign power. However should the same information be added to other information known to be from the same Rapier or other system they could and would be able to be used for a purpose which may be of use to a foreign power.

 

Signed             P. Knowlton                Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 110

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Andrew WALSH

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Police Officer

 

Dated 26 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Tuesday 11th August 1992, in company with DS STAFFORD, I attended the Defence Research Agency, (DRA) which is based in Malvern, Worcestershire, in connection with enquiries into an alleged offence against the Official Secrets Act 1911. In my possession were exhibits AW/2, AW/3, AW/4, AW/5 and AW/6. These exhibits are true copies of the exhibits identified as JS/16, JS/17, JS/18, JS/19 and JS/20 respectively. I prepared these copies in advance as the original exhibits, JS/16 to JS/20 inclusive, were to be examined elsewhere, and the pressing nature of the enquiry due to the prisoner’s continued detention in custody indicated that it would be inappropriate to delay my enquiry to be in possession of the original exhibits. Whilst at the DRA, between approximately 10.15 am and 3.20 pm I presented the exhibits AW/2 to AW/6 inclusive for examination by various scientific personnel, namely Professor K LEWIS, Mr M LEWIS, Mr LAMBERTON, Mr DEADMAN and Dr BROWN. After their examination each of the scientists prepared a statement regarding his observations on the contents of the documents relating to their areas of speciality.

 

Signed             Andrew Walsh DS                  Signature witnessed by

 

No. 991A

 


Witness Statement Page 111

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Meirion Francis LEWIS

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Civil Servant

 

Dated 11 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am currently responsible for the optical signal processing section at DRA Malvern. Prior to this I was in charge of research into surface acoustic wave (SAW) devices at RSRE Malvern in the period from 1977 to 1985. Today I was shown a number of documents labelled AW/2 to AW/6 inclusive by DS Walsh and asked to comment on their sensitivity in relation to an alleged offence under the Official Secrets Act. One of these documents labelled AW/6 relates to the use of surface acoustic wave and bulk acoustic wave devices as detectors of gas. The principles of operation, the device sensitivity, and principles of gas identification mentioned in this document have been published in the open literature. The document indicates, however, that device fabrication is now reproducible, and briefly indicates the fabrication process and form of the response of the device to exposure to a gas. The particular gas or gasses studied are not revealed. This information might be of use to a foreign power as gas sensors are of value in both civilian and

 

Signed             M. F. Lewis                 Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 112

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Meirion Francis LEWIS

 

military applications. In my opinion the knowledge that such sensors can be made reproducibly, and processed to reveal the make-up of a gas sample, could be prejudicial to the interests of the United Kingdom. If details of the gasses involved have been or were to be revealed this would further compromise the United Kingdom. I am willing to attend court and give evidence in camera if necessary.

 

Signed             M. F. Lewis                 Signature witnessed by            A. Walsh DS

 

No. 991C

 


Witness Statement Page 113

 

Form MG 11(T)

 

STATEMENT OF                  Meirion Francis LEWIS

Age if under                            Over 21

 

Dated 3 November 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to the statement given on 11th August 1992 in which I assessed documentation identified as AW/6, I have today been shown document JS/20, the original of AW/6, a further quantity of documents contained in JS/15, and six SAW devices in JS/14. I make the following observations on these documents and devices. Most of the documents and all the devices relate to surface acoustic wave (SAW) devices. These operate by converting an electrical signal to the form of an acoustic wave on the surface of a crystal like quartz, and then reconverting it to electrical form. The surface acoustic waves are similar to waves on the sea. During the device operation the electrical signal is modified, for example delayed, or filtered so as to pass only frequencies of interest. These devices are of considerable commercial importance, for example there is one in every TV set and video recorder. They are also of military importance because they work at appropriate frequencies, provide a high-fidelity response, and are small, rugged and reliable. The six examples I have examined from JS/14 are all narrowband filters and quite possibly have a military purpose. None is related to gas-sensing. The notes in JS/15 comprise a set of intimate details on the processing of SAW devices, and their mounting and packaging, and test procedures. They also indicate the personnel involved. The details included relate to the substrates, their orientations, polishing, backface preparation, packaging, electron beam evaporation procedures for the metallization, bond formation, the mask alignment jig operation, tuning circuits, and mounting adhesives. One document (Demonstrator Programme Requirement Specification Bandpass Filter Assembly) relates to a filter

 

Signed             M. F. Lewis                 Signature witnessed by            S. Stafford DS

 


Witness Statement Page 114

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Meirion Francis LEWIS

 

developed as a demonstrator for the receiver in an airborne guided weapon. Another relates to an ESA project, and is concerned with space qualification of the SAW devices. One document (ABSTRACT FOR INCLUSION IN PD9002) relates to a spinel delay line providing 30 microseconds delay at 3 GHz. This is not a SAW device, but a bulk acoustic wave device used in RAPIER. This information is valuable to a foreign power as it provides intimate details of the manufacturing processes of SAW devices, and the means of testing same. The applications of these devices are diverse, but some are definitely military applications as is clear from these notes.

 

Signed             M. F. Lewis                 Signature witnessed by            S. Stafford DS

 


Witness Statement Page 115

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Harry Alexander DEADMAN

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Government Service

 

Dated 11 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am section leader of the millimetre-wave radar section for seeker applications. I have been working in this field for 10 years. I have been shown exhibits AW/2 to AW/6 by Det. Sgt. Walsh. My professional expertise extends to AW/4 and AW/5 only. I have been asked to express an opinion on exhibits AW/4 and AW/5 as to their sensitivity and possibility of contravening the Official Secrets Act. Exhibit AW/4 describes a millimetre-wave quasi-optical car radar technology aspect. The application of the technology to car radars is strictly commercial. However, the exhibit contains a paragraph which identifies the specific application of this technology to missile systems and therefore would be of use to an enemy. Exhibit AW/5 describes a specific part of technology for micron valves. It is a statement of technology for which there are no specific applications planned at the moment. In my professional opinion exhibit AW/5 does not contravene the Official Secrets Act.

 

Signed             H. A. Deadman           Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 116

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Keith Loder LEWIS

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Government Service

 

Dated 11 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am Head of the Thin Fibre Optics Section at DRA Malvern and Project Officer for an SDI sponsored programme researching advanced concepts for spacecraft sensor protection. Today I was shown a group of documents labelled AW/2 to AW/6 inclusive by DS Walsh and asked to comment on their sensitivity in relation to an alleged offence under the Official Secrets Act. Of these documents, the one labelled AW/2 referred to a programme of work currently being carried out at GEC Hirst Research, for which I am technical sponsor. The document highlights the current state of progress on this contract and identifies the fact that an extension has been agreed until 1994. Whilst many of the technical details have been published in the open scientific literature, document AW/2 makes a connection between the devices produced and their application for laser protection particularly in the SDI context. It also identifies a major point of contact in the USA. Taken as a whole, the document identifies certain aspects of the laser

 

Signed             K. L. Lewis                 Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 117

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Keith Loder LEWIS

 

threat and methods for its countermeasure and in so doing compromises the security of the State. It also prejudices the UK government’s relationship with the US, particularly in respect to the US government’s views of the UK’s ability to protect the dissemination of information in a classified area of work. If necessary I would be willing to attend court and give evidence in camera.

 

Signed             K. L. Lewis                 Signature witnessed by            A. Walsh DS

 

No. 991C

 


Witness Statement Page 118

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Hugh Murdoch LAMBERTON

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Government Service

 

Dated 11 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am Head of ERI division at DRA Malvern, responsible for research on Electro-Optics sensors, a topic which includes cooling technology for infra-red detectors (cryogenic cooling). I have 25 years experience in research, mainly in Electro-Optics. Today I have been shown a series of documents marked AW/2 to AW/6 by DS Walsh in connection with an enquiry under the Official Secrets Act. I am only qualified to comment on document AW/3. The section on Cryogenic Refrigeration has some ambiguity in that the achieved performance “19 K cooling in 1 sec” could refer to a rate of change, in which case it is unremarkable. If however, it refers to a final temperature of 19 K achieved in 1 second, the technique would be outstanding. The cooling loads quoted are not sufficient by about 2 orders of magnitude for military use as an IR detector cooler. I consider that the data is of industrial or civilian relevance rather than military. I consider that the work reported is at the leading edge of technology. I do not feel qualified to assess how much value this would be to a foreign power.

 

Signed             H. M. Lamberton                    Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 119

 

Form MG 11(T)

 

STATEMENT OF                  Hugh Murdoch LAMBERTON

Age if under 21                       Over 21

 

Dated 3 November 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement made on 11 August 1992 I have today been shown a set of documents marked SR4, which was opened in my presence. I have inspected the contents and I have made the following assessment. One of the documents in SR4 is entitled ‘Infra-Red Detector Configuration Flow Chart’ and is dated June 1988. This document discloses commercially confidential industrial information, giving full details of the process, in flow chart form, for the production of Cadmium Mercury Telluride (CMT) TED IR detectors. These are state of the art military components. GEC-HRC manufacture these devices for incorporation in UK military Thermal Imaging equipment (UK Thermal Imager Common Modules - UK TICM). These equipments are state of the art military systems, in an area where the UK is a world leader (with the USA). Although not specifically classified, this information would be very valuable to foreign powers and disclosure would be damaging, in that it could be used to develop a military capability, which did not previously exist. This would reduce the current UK Technological Military Advantage. I suggest that PD/TASS, MOD, as the procurement office for Thermal Imagers should be consulted. A second document in SR4 concerns Joule-Thomson (JT) minicoolers, and is dated 23 February 1984. These devices are used in the UK TICM to cool IR detectors. JT minicoolers are largely, but not exclusively, military components. The document details, in general terms, the handling processes required when installing JT minicoolers into Thermal Imaging equipments. Most of the information is readily available in manufacturers open literature and hence disclosure would not be damaging.

 

Signed             H. M. Lamberton        Signature witnessed by            S. Stafford DS

 


Witness Statement Page 120

 

Form MG 11(T)

 

STATEMENT OF                  Alison Meryl HODGE

Age if under 21                       Over 21

 

Dated 3 November 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Today, Tuesday, 3rd November 1992, I was shown documents contained in SR4 and objects contained in JSl4. I make the following observations: The information includes documents and samples from a specific silicon microelectronic technology, namely silicon on sapphire. Device fabrication and research was undertaken at the GEC Hirst Research Centre but has now been terminated at that site. Production continues at the GEC Plessey Semiconductors site in Lincoln, their technology is based on that developed at HRC but has been modified and advanced since. Silicon on sapphire technology has been developed with considerable support from MOD over a period of 15 years or so, with a view to its incorporation in military systems specifically. Technically there are claimed benefits of the technology for civil applications, but in practice the technology has been exploited almost exclusively for its tolerance to radiation so that it has remained a military specific technology predominantly. Commercial, as well as military satellites, also use this technology. Specific information in the documents such as Design Rules of Standard Linewidth Measurement Structures, CD Specification, indicate the state of the technology at the document date. The specifications for incoming material 100mm silicon on sapphire wafers, 100mm p-type epi wafers for Cmos show the characteristic of the starting material used for device manufacture. This is important as the start material can influence device performance, especially in the military specific applications such as those requiring radiation tolerance. These specifications also include approved suppliers implying that these have been selected for some reason.

 

Signed             A. M. Hodge               Signature witnessed by            S. Stafford DS

 


Witness Statement Page 121

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Alison Meryl HODGE

 

Two documents are drafts of what a typically used as marketing literature. These are the video line buffer and signal stream product family. This, or a later draft, may therefore have been released openly. The ‘Advance Information’ sheet on the Cascade ACU is similar but the attached detailed description may have been retained as company information. Allied to the technical process information referred to above, the product information (of the same era) can be used to deduce the possible capability of the company at the time. Technically, their capability is now a generation or more behind that being produced by the GEC Company as their state-of-the-art. However, as military systems are developed over periods of many years and remain in service for tens of years, then the technology discussed is likely to be in military systems and hence of military relevance for some time to come. The latest state of the art is described, at least superficially, for another part of the GEC organisation concerned with the manufacture of silicon devices (not silicon on sapphire) in the centre spread of the “Topic GEC newspaper” June 1992 issue. It is hence possible to deduce how the company is advancing its technology since about 1986-87, if one is aware of the general developments in the field. The objects SLC3, SLC4, SLC5 are all individual SOS chips. These have been produced with equipment similar to that at GEC HRC in the period up to mid 1980s. They appear, at first sight, to be test structures rather than functional circuits. These could, if functional, still yield valuable information about the performance of the process and any devices made using it. More detailed examination, by experts could be used to deduce the specific problems being addressed by such test structures and hence where there were technical concerns at the time. The characters CQC3 near the chip identifies (only visible with a microscope) may relate to quality control. The chip SLC6 is marked MEDL CELLSOS MA931A. This suggests that Marconi Electronic Devices Limited were involved with the design and/or manufacture of this circuit.  This could therefore be used to

 

Signed             A. M. Hodge               Signature witnessed by            S. Stafford DS

 


Witness Statement Page 122

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Alison Meryl HODGE

 

indicate the state of the manufacturing capability rather than that at this research laboratory. As a circuit, an expert may be able to deduce information about its function and performance.

 

Signed             A. M. Hodge               Signature witnessed by            S. Stafford DS

 


Witness Statement Page 123

 

Form MG 11(T)

 

STATEMENT OF                  Michael ALLENSON

Age if under 21                       Over 21

 

Dated 3 November 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have examined the following documents from SR4 today Tuesday 3rd November 1992 at DRA Malvern

1. AN/102 Monolithic microwave integrated circuits storage, handling precautions.

2. Advance and preliminary information sheets on the following MMICs:

M1208A 8-12 GHZ mixer, GP1208A 4 bit phase shifter 8-12 GHZ, GA1801A 0.5-18GHZ amplifier, GS1802A PIN diode switch, GM9888A 94 GHZ balanced mixer.

These documents represent part of a venture by GEC to launch these chips for sale on the open commercial market, and I judge the information would be freely available on request or at trade exhibitions. The chips have application in both military and commercial systems. No link with military systems was found in SR4, generic military application data has appeared in the public domain for example GEC Journal of Research Vol 4 No 2 1986. (1) For GM9888A the commercial applications are limited, reference (1) identified Terminally guided sub munitions as a potential application for chips at this frequency.

I also examined at DRA Malvern on 3rd November 1992 five packages of devices from JS14. These contained MMIC chips as follows.

1. SLC1 - Blank proforma label. Contains 1 chip, a travelling wave amplifier GEC17 - 11a 1987 probably 0.5-18GHZ, either an early or final version of GA1801A.

2. SLC1 ceramic carrier with two bonded up chains of chips. One made up from 1 x GEC 17 - 11a, 2 x GEC 17 - 11 b one from 3 x GEC 17 - 11a.

 

Signed             A. M. Hodge               Signature witnessed by            S. Stafford DS

 


Witness Statement Page 124

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Michael ALLENSON

 

3. SLC1 labelled: Bender rejects from T-CSF 2 x DC6001 contains two travelling wave amplifier chips both GEC manufacture probably DC to 12GHZ. It is probable that the T-CSF referred to on the label is the French company Thomson - CSF.

4. SLC1 labelled 5 of D6001 for photo’s. Similar devices to 3, a slightly different design.

5. SLC2 Box labelled GM9888A, contains a single chip with bond wires attached. This is the 94 GHZ mixer GM9888A in its waveguide probe version.

The MMIC technology research programme and specific chip designs were funded by MOD and by GEC companies, including the military system companies, this was primarily with military application in mind.  The chips were being offered for sale, it is probable the most likely market would be in military system, commercial applications also exist. There may be limitations on the export of this technology to former Eastern Block countries, I am not familiar with the detail. The chip samples could be used to gain some very limited information on the commercially sensitive semi conductor process methods. However, this is a field where the circuit design methods and the general elements of the technology have been published worldwide in the scientific literature.

 

Signed             M. Allenson                Signature witnessed by            S. Stafford DS

 


Witness Statement Page 125

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              John Richard WEATHERLEY

Age of Witness (date of birth)            Over 21

Occupation of Witness                       IFF Programmes Executive

 

Dated 24 August 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a Programmes Manager for Cossor Electronics Ltd. having been employed at Cossor since 1980. Primary work involves Identification Friend or Foe (IFF) related to military projects. Today DS Walsh visited my place of work and asked me to examine two packages of exhibits which were identified as JS21 and JS38. I recognise these to be documents relating to the purchase and specification of a component developed in conjunction with GEC Hirst for the Rapier OCF product. All documents are copies. The documents would normally be provided to GEC Hirst in order to assist with the purchase of component items. I recognise the letter dated 30th September 1982 (from exhibit JS21) as being generated by myself during specification discussions. JS21 are documents defining the component specification requirements. JS38 are copies of Cossor drawings used to confirm requirements as part of procurement exercise. JS21 and JS38 both relate to the delay line component at various build standards. The component is used to provide a delay

 

Signed             J. R. Weatherley          Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 126

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    John Richard WEATHERLEY

 

in time for received radio frequency signals. Applications can include both military and civil radar systems of the appropriate frequency band. The frequency band specified is appropriate to the Rapier primary radar frequency. This information in conjunction with classified product and system information may be useful for establishing Rapier system performance parameters. The use of delay line with the OCF application as a test system could only be useful to a competitor or foreign power as a minor element of a much larger data base. The documents were produced as part of a development contract for HMG as part of a performance upgrade programme for Rapier build standards. The OCF product which uses the delay line is defined by a classified document. None of the documents JS21 and JS38 are classified within Cossor Electronics Ltd. In conclusion I would suggest that the data contained within the documents does not cause any security problem in its own right. However frequency information of a general nature may be useful in conjunction with other system data gathered.

 

Signed             J. R. Weatherley          Signature witnessed by            A. Walsh DS

 

No. 991C

 


Witness Statement Page 127

 

Form MG 11(T)

 

STATEMENT OF                  Dr David Ian WEATHERLEY

Age if under 21                       Over 21

 

Dated 7 November 1992

 

This statement, (consisting of   4   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I currently occupy the post of Scientific Adviser (Land) within the MOD, in which capacity one of my responsibilities is that of maintaining a technical overview of all Land systems-related research and procurement programmes, operational requirements and operational capabilities.

On Thursday 5th November 1992, in my office at the Ministry of Defence, Whitehall, London, SW1, I met with Detective Inspector Nicolson and Detective Sergeant Stafford, both of Special Branch, New Scotland Yard, who advised me that they were investigating offences against the Official Secrets Act. I was asked to examine a number of documents and devices contained in sealed bags, with a view to assessing their significance. In making my assessment I made reference to statements, each dated 3rd November 1992, which had been made by Michael ALLENSON, Alison HODGE, Hugh LAMBERTON and Meirion LEWIS, all of whom I know to be scientists employed at the Defence Research Agency in Malvern, and to a statement, dated 28th October 1992, which had been made by Squadron Leader Colin BAGLEY who I know to be a project officer in the Procurement Executive of the Ministry of Defence. The documents and devices which I examined are broadly dealt with in six categories:

 

1. Handwritten Notes (Exhibit Nos. JS16, JS17, MN15 - a photocopy of JS18, JS19 and JS20).

(a) Olfactory Research: The technique described has applications in Chemical and Biological Defence, and in the detection of substances for Internal Security purposes.

 

Signed             D. I. Weatherley         Signature witnessed by            M. Nicolson D/I

 


Witness Statement Page 128

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr David Ian WEATHERLEY

 

The statement of achievable sensitivity is of concern, since it provides an indication of the likely performance of future UK detection systems.

(b) Rugate Filters for SDI: The Rugate filter process is well known, but the provision of information on the number of rejection notches realisable with UK design processes, and the description of the techniques which are necessary to increase the radiation hardness of filters, have significance because they enable some performance characteristics of possible future UK defence systems to be deduced.

(c) Quasi-Optical Car Radar: The technique described has potential military applications for example in robotics, automatic route-finding and obstacle avoidance, and smart weaponry, but I believe that the information presented is not of a sensitive nature.

(d) Micron Valve Project: The Micron Valve technology is of Defence relevance because it offers the prospect of providing a means by which future sensors and systems might be hardened against radiation weapons. The information presented describes how specific fabrication techniques improve device performance, and gives an indication of the degree to which future UK military systems might be protected.

(e) Micromachining Project: This is another technology which has potential application to the radiation-hardening of future sensors and systems. The performance details are sufficient to indicate the UK state-of-the-art, and to indicate the likely feasibility of Defence applications.

In general the level of technical detail is relatively low, but all items have Defence or Internal Security relevance. There is some indication of an underlying theme of providing information on fabrication techniques and processes, a theme which recurs in the further assessments described below.

2. Rapier Missile System - Build specifications and blueprints for the F-band Delay Line MK III for use in the OCF (Exhibit Nos. JS21 to JS38 inclusive). The material examined provides details of techniques employed to fabricate a delay line based on a technology which has now been rendered obsolete by technological advances. I

 

Signed             D. I. Weatherley         Signature witnessed by            M. Nicolson D/I

 


Witness Statement Page 129

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr David Ian WEATHERLEY

 

consider that the benefits to the recipient of this information would be purely military ones, for instance to allow a deduction of some Rapier operating parameters in order to aid the development of technical and operational countermeasures for use against a system which is operationally deployed.

3. Silicon On Sapphire Technology (Documents contained in Exhibit No. SR4, and devices contained in Exhibit No. JS14). This is another technology of considerable Defence relevance because of its ability to provide radiation-hardened components for sensors and weapons systems, and its high cost mitigates against wide commercial exploitation. The information examined could be used to provide an estimate of the likely degree of radiation hardness of future UK systems, and could aid development of improved hostile weapon systems.

4. Gallium Arsenide Technology (Documents contained in Exhibit SR4, and devices contained in Exhibit No. JS14). This is another highly-relevant area of technology, because it offers the prospect of signal processing devices which are much more capable than those currently available. Potential applications are in many areas, but particularly those of smart weapons, radars and Electronic Warfare systems. The information examined provides an indication of UK device capabilities and of the likely performance of future military systems. It also provides details which could help potential future adversaries develop countermeasures or equivalent capabilities.

5. Surface Acoustic Wave Technology (Documents contained in Exhibit No. JS15, and devices contained in Exhibit No. JSl4). Surface Acoustic Wave (SAW) devices are widely used in a variety of military systems. Details of design and fabrication processes could be used to enhance the performance of devices available to a potential aggressor, thus to allow the development of more capable military systems.

6. Thermal Imager Technology (Documents contained in Exhibit SR4). The UK is in the forefront of Thermal Imager technology, and thus our military platforms

 

Signed             D. I. Weatherley         Signature witnessed by            M. Nicolson D/I

 


Witness Statement Page 130

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr David Ian WEATHERLEY

 

have a significant performance advantage over their likely adversaries. The UK lead stems from unique capabilities in the exploitation of materials and fabrication processes, in particular with regard to Cadmium Mercury Telluride (CMT) which is used for high performance detectors. The information examined, in particular the production process flow chart, could provide a potential aggressor with sufficient guidance to be able to develop a comparable capability which would erode the UK military advantage.

I believe that the documents and devices which I have examined comprise a set of information which could be damaging to UK Defence capabilities if it were to be provided to any one of a number of potential future aggressor nations. This belief is based on my knowledge and experience of a wide range of Defence requirements, priorities, programmes and operational procedures, and on my regular contact with the technologies represented by the information assessed.

Many of the technologies are the subject of restricted technology transfer, as defined in the COCOM procedures. Of particular concern is the underlying theme of fabrication technologies and processes relating to integrated circuit production, an area in which the UK is at the forefront of world capabilities. This is an area which has a direct bearing on the ability to develop and produce sophisticated weapons systems, and which is protected by the COCOM restrictions. The appearance of information related to the UK military Thermal Imager programme is of particular concern.

 

Signed             D. I. Weatherley         Signature witnessed by            M. Nicolson D/I

 


Witness Statement Page 131

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              James Frederick WILDISH

Age of Witness (date of birth)            24 September 1939

Occupation of Witness                       SSO Ministry of Defence

 

Dated 10 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a Senior Scientific Officer employed with the MOD Scientific and Technical Security Branch and have been so employed for the past 26 months, prior to which I have been employed with the MOD for 26 years. Today I was asked to meet Detective Chief Inspector GRAY at the MOD HQ Metropole Building and was asked by him to examine articles marked JS/14 to JS/38 inclusive. I was asked to express my opinion as to the sensitivity of these articles in the context of national security. Having examined these articles it is my opinion that individually they do not pose a threat to the security of the nation. However, combined with more detailed information and technology of weapon systems in particular, they could be of benefit to a foreign power.

 

Signed             J. F. Wildish                Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 132

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Karl Adrian GEHRING

Age of Witness (date of birth)            54 (21 February 1938)

Occupation of Witness                       Unemployed

 

Dated 27 August 1992

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

My formal scientific qualifications are, B.A Physics 1962, and a D. Phil 1966 in Physics. I held research fellowships for a total of twelve years at two Oxford Colleges in succession. This involved mostly research in Solid State Physics. (Solid State is that branch of physics which seeks to understand why solids behave the way they do). From approximately 1978 to 1984, I worked for Thor Cryogenics Ltd, Oxford, as development manager and later technical director. One of Thor’s major products was super conducting magnets. I was a research scientist at Thor Cryogenics in respect of new technology. I left Thor Cryogenics in September 1984 and joined G.E.C. Hirst Research Centre. Initially, I was a research scientist, however, by about 1986 I was the Divisional Manager for super conductivity devices. This made me responsible for both methods of fabricating super conducting devices, using thin-film technology. (Thin-film technology is the deposition of a very thin film of a useful material on to a clean surface of a carrier material, thus enabling useful devices to be manufactured). The other responsibility was developing applications of these super conducting devices. The major applications were in the fields of

 

Signed             K. A. Gehring             Signature witnessed by            R. Gilbertson DS

 

No. 991A

 


Witness Statement Page 133

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Karl Adrian GEHRING

 

military and medical technology. Whilst employed as Divisional Manager at G.E.C. Hirst Research Centre, I was managing the biggest industrial research effort in the field of thin film super conductivity in the country. I am an expert in following areas respecting the technology of super conductivity. i) Super Conducting materials These are materials which conduct electricity without electrical resistance. ii) Thin Film Super Conducting Devices These I have previously explained. iii) Electronic Applications of Super Conductors The application of super conducting devices in a military, medical and commercial sense.

I have lectured on both the science and technical/industrial applications of super conductivity. (super conductivity in a very basic sense is the property of a material, which when cooled to a very low temperature enables electrical current to pass through it without electrical loss). The entire field of super conductivity was revolutionised in 1987 when a new family of materials which become super conducting at temperatures significantly higher than temperatures of previously known super conductors was discovered. This was because the impediment to the commercial exploitation of the previously known super conductors was the cost and complexity of the cooling mechanism. The new super conductors could be cooled conveniently and cheaply. As a result of that it made the technology of super conductivity i) more compact and lighter for military application. ii) Viable for commercial exploitation. During my time as Divisional Manager of G.E.C. Hirst Research Centre I was concerned in the development of the applications of these new materials. The best example of a novel device employing super conductors is an ultra sensitive detector of magnetic fields. This could be used

 

Signed             K. A. Gehring             Signature witnessed by            R. Gilbertson DS

 

No. 991C

 


Witness Statement Page 134

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Karl Adrian GEHRING

 

for military applications, such as the detection of submarines, and for medical applications such as the detection of electrical signals in the human brain. In my opinion the discovery of these new super conducting materials has immensely important implications for future electrical and electronic technologies. Products made with these materials will command markets worth billions of pounds. I have been asked if I know a Mr Michael John SMITH, who worked at the G.E.C Hirst Research Centre. I did know him because I met him professionally over the past five or six years. I did not know him well, I never met him at any social occasion whatsoever. I know no more about his professional responsibilities, other than the fact that he worked in the Quality Control Department of G.E.C. Hirst, and it is in this capacity that I met him. The ‘West’, including Japan are the leaders in the field of super conductivity. Eastern Europe has a small effort in the field which is poorly equipped and financed.

 

Signed             K. A. Gehring             Signature witnessed by            R. Gilbertson DS

 

No. 991C

 


Witness Statement Page 135

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Malcolm MacLEOD

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Chief Superintendent

 

Dated 1 September 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Friday 7th August, 1992 as a result of information received in Special Branch concerning an alleged breach of the Official Secret Act, I conducted separate briefings in respect of a proposed police operation which was to be put into effect on Saturday 8th August 1992. The first briefing was with Detective Chief Inspector MacKENZIE concerning a surveillance requirement in the vicinity of 48A Burton Road, Kingston-Upon-Thames. The second briefing was with Detective Inspector MORRISSEY and concerned the execution of a search warrant in respect of the premises at 48A Burton Road and two vehicles namely a Peugeot motor car index number D 514 BLD and a Datsun motor car index number KJH 249W. The third and final briefing was with Detective Inspector NICOLSON and concerned specific instructions concerning the arrest and subsequent removal to Paddington Green Police Station, Michael John SMITH and his wife Pamela Avril SMITH. These instructions were put into effect on Saturday 8th August 1992. As the senior investigating officer I attended Paddington Green Police Station where I took charge of the investigation. Between Saturday 8th and Tuesday 11th August, 1992, I conducted a series of interviews with Michael John SMITH, born 22.9.48, formerly a Quality Systems Audit manager with G.E.C., Hirst Research Centre,

 

Signed             M. MacLeod               Signature witnessed by

 

No. 991A

 


Witness Statement Page 136

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Malcolm MacLEOD

 

North Wembley. The interviews, which were recorded on audio tape, were conducted in Interview Room 2 of the Secure Unit at Paddington Green Police Station in strict compliance with the Police and Criminal Evidence Act. The tape recording machine was operated by Detective Sergeant BEELS who assisted me in the interviews. Mr SMITH was legally represented throughout by the Duty Solicitor Mr Richard JEFFRIES of Tucker Solicitors. The interviews took place as follows:

1) Saturday 8th August 1992, 5.50pm to 6.41pm

2) Saturday 8th August 1992, 7.13pm to 7.34pm

3) Sunday 9th August 1992, 2.08pm to 3.36pm

4) Sunday 9th August 1992, 4.15pm to 6.47pm

5) Sunday 9th August 1992, 9.12pm to 9.21pm

6) Monday 10th August 1992, 4.57pm to 5.55pm

7) Monday 10th August 1992, 8.19pm to 9.16pm

8) Monday 10th August 1992, 9.52pm to 10.08pm

9) Tuesday 11th August 1992, 10.20am to 10.23am

10) Tuesday 11th August 1992, 10.26am to 11.24am

11) Tuesday 11th August 1992, 12.21pm to 12.58pm

12) Tuesday 11th August 1992, 5.27pm to 6.33pm

13) Tuesday 11th August 1992, 8.23pm to 9.50pm

14) Tuesday 11th August 1992, 10.20pm to 10.48pm

I was present in the custody room at 11.24pm on Tuesday 11th August 1992, when the Custody Officer formally charged SMITH with offences of espionage contrary to Section 1 of the Official Secrets Act, 1911. The charges were read over to SMITH by the Custody Officer. He was cautioned but made no reply.

 

Signed             M. MacLeod               Signature witnessed by

 

No. 991C

 


Witness Statement Page 137

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Stephen John BEELS

Age of Witness (date of birth)            34 years

Occupation of Witness                       Detective Sergeant 59/171167 (S.O.12)

 

Dated 23 August 1992

 

This statement, (consisting of   6   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Between Saturday, 8th August 1992 and Tuesday, 11th August 1992 at Paddington Green Police Station, as part of an investigation into suspected offences against the Official Secrets Act, 1911, I was present at a series of interviews of Michael John SMITH, a man who I knew to have been arrested in connection with the investigation. The interviews were recorded on audio tape cassette and the recording equipment was operated throughout by myself. All interviews took place in interview room number two of the secure unit of Paddington Green Police Station and all times stated were taken from my own wristwatch. Each master tape cassette was sealed in the presence of SMITH and signed by him.

 

1. On Saturday, 8th August 1992 between 5.50 pm and 6.41 pm an interview took place which was tape recorded. Present throughout the interview were Michael John SMITH, Richard JEFFERIES (Solicitor representing SMITH, from ‘TUCKERS’ solicitors), Detective Superintendent Malcolm MACLEOD and myself. Two master tape cassettes were used. I identify these master cassettes as SJB/1 and SJB/2.

 

Signed             S. Beels D/S                Signature witnessed by

 

No. 991A

 


Witness Statement Page 138

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Stephen John BEELS

 

2. On Saturday, 8th August 1992 between 7.13 pm and 7.34 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. One master tape cassette was used, I identify this master cassette as SJB/3.

 

3. On Sunday, 9th August 1992 between 2.08 pm and 3.36 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Three master tape cassettes were used. I identify these master cassettes as SJB/5, SJB/6 and SJB/7.

 

During this interview an audio tape cassette was played and at the end of the interview the tape cassette was sealed and signed by me in the presence of SMITH, his solicitor and Detective Superintendent MACLEOD. I identify this tape cassette as SJB/4.

 

4. On Sunday, 9th August 1992 between 4.15 pm and 6.47 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Five master tape cassettes were used. I identify these master cassettes as SJB/8, SJB/9, SJB10, SJB/11 and SJB/12.

 

Signed             S. Beels D/S                Signature witnessed by

 

No. 991C

 


Witness Statement Page 139

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Stephen John BEELS

 

5. On Sunday, 9th August 1992 between 9.12 pm and 9.21 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. One master tape cassette was used. I identify this master cassette as SJB/13.

 

6. On Monday, 10th August 1992 between 4.57 pm and 5.55 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Two master tape cassettes were used. I identify these master cassettes as SJB/14 and SJB/15.

 

7. On Monday, 10th August 1992 between 8.19 pm and 9.16 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Two master tape cassettes were used. I identify these master cassettes as SJB/16 and SJB/17.

 

8. On Monday, 10th August 1992 between 9.52 pm and 10.08 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. One master tape cassette was used. I identify this master cassette as SJB/18.

 

Signed             S. Beels D/S                Signature witnessed by

 

No. 991C

 


Witness Statement Page 140

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Stephen John BEELS

 

9. On Tuesday, 11th August 1992 between 10.20 am and 10.23 am an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. One master tape cassette was used. I identify this master cassette as SJB/19.

 

10. On Tuesday, 11th August 1992 between 10.26 am and 11.24 am an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Two master tape cassettes were used. I identify these master cassettes as SJB/20 and SJB/21.

 

11. On Tuesday, 11th August 1992 between 12.21 pm and 12.58 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Two master tape cassettes were used. I identify these master cassettes as SJB/28 and SJB/29.

 

During this interview a series of five photographs were shown to SMITH and these were sealed in exhibit bags and signed by me in his presence. I identify these photographs, in order shown, as SJB/22, SJB/23, SJB/24, SJB/25 and SJB/26.

 

Signed             S. Beels D/S                Signature witnessed by

 

No. 991C

 


Witness Statement Page 141

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Stephen John BEELS

 

12. On Tuesday, 11 August 1992 between 2.56 pm and 3.47 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Constable Jonathan SAY and myself. Two master tape cassettes were used. I identify these master cassettes as SJB/30 and SJB/31.

 

13. On Tuesday, 11th August 1992 between 5.27 pm and 6.33 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Four master tape cassettes were used. I identify these master cassettes as SJB/32, SJB/33, SJB/34 and SJB/35.

 

During this interview at about 5.58 pm the recording machine stopped, approximately one minute after a change of tapes. The two tapes were removed from the machine and, in order to preserve their integrity, were placed in an exhibits bag and sealed in front of all present. The seal was signed by Richard JEFFRIES and myself.

 

14. On Tuesday, 11th August 1992 between 8.23 pm and 9.50 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. Three master tape cassettes were used. I identify these master cassettes as SJB/36, SJB/37 and SJB/38.

 

Signed             S. Beels D/S                Signature witnessed by

 

No. 991C

 


Witness Statement Page 142

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    Stephen John BEELS

 

15 On Tuesday, 11th August 1992 between 10.20 pm and 10.48 pm an interview took place which was tape recorded. Present throughout the interview were Michael SMITH, Richard JEFFERIES (Solicitor), Detective Superintendent MACLEOD and myself. One master tape cassette was used. I identify this master tape as SJB/39.

 

On Tuesday, 11th August 1992 I was present in the custody suite of Paddington Green Police Station when, at 11.24 pm, Michael SMITH was charged with offences against the Official Secrets Act, 1911, the charges were read over to him and he was cautioned by the Custody Officer. SMITH made no reply.

 

Signed             S. Beels D/S                Signature witnessed by

 

No. 991C

 


Witness Statement Page 143

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Jonathan Peter SAY

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Detective Constable 03/172857 (SO12)

 

Dated 14 October 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Tuesday 11th August 1992 I was at Paddington Green Police Station involved in the investigation into suspected offences against the Official Secrets Act 1911.

 

Between 2.56 pm and 3.47 pm I was present at an interview which took place in interview room number two of the Secure Unit of Paddington Green Police Station. The interview was tape recorded. Present throughout the interview were Michael John SMITH, Richard JEFFERIES, (solicitor representing SMITH, from ‘Tuckers’ solicitors), Detective Sergeant BEELS and myself. Two master tape cassettes were used. Each master tape cassette was sealed in the presence of SMITH and signed by him.

 

Signed             Jonathan Say DC                    Signature witnessed by

 

No. 991A

 


Witness Statement Page 144

 

Form MG 11(T)

 

STATEMENT OF                  Jonathan Peter SAY

Age if under 21                       Over 21

 

Dated 6 November 1992

 

This statement, (consisting of   15   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Following the arrest of Michael John SMITH on 8th August 1992, I have examined financial documents found at his home, 48A Burton Road, Kingston-upon-Thames, Surrey and report here my findings and conclusions as to his financial dealings.

 

Michael John SMITH is the owner and is resident at 48A Burton Road, Kingston-upon-Thames, Surrey, KT2 5TF, a first floor maisonette consisting of one hallway, one lounge, one bedroom, one bathroom/toilet and one kitchen. The mortgage on the property is of the endowment type and is held by the Abbey National Building Society (account no. KT 20989) in the names of Mr M.J. and Mrs P.A.SMITH. It was taken out on 31st August 1979 for the amount of £17,081.00. The current monthly repayment is £114.22. This is paid out of the National Westminster Joint account. There does not appear to have been any cash payments to the Abbey National mortgage account. Between 02.12.85 and 31.07.92, when his employment was terminated, SMITH has been paid a salary by GEC Marconi Ltd. In April 1989 his salary was increased to £15,325.00 and in April 1990 to £16,700.00. In April

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 145

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

1991 his annual salary was raised to £18,200.00 and remained at this level until his redundancy (Exhibits PMS/34, PMS/32, RH/33, PMS/10). SMITH has contracted out of the state earnings related pension plan and currently has a personal pension plan no. ********** with Standard Life Assurance Company, PO Box No. 4, 23 Annandale Street, Edinburgh, EH7 4BP. This plan does not require payments from the holder other than his normal National Insurance contributions. A percentage of these are transferred by the Department of Social Security in an annual payment to the Assurance Company. A payment of £1002.08 was received for the tax year ending April 1992 and has been invested with the ‘pension with profits’ fund. No total value of the fund has been found for 1992, however the total value of units at 1st September 1991 was £3391.63 (Exhibits PMS/32, PMS/34, RH/33). Neither SMITH nor his wife have any County Court judgements recorded against them. SMITH has the following bank accounts. Two at the National Westminster Bank, Feltham Branch (a current account no. ********, and a joint account no. ******** with his wife Pamela). He has a savings account no. X3997760 at the Abbey National Building Society, 59 Eden Street, Kingston-upon-Thames. He is also the holder of a National Westminster Access card no. 5224 0061 2943 4243. Authority to apply for Production Orders was granted by Superintendent M. MacLeod on 09.08.92. On the same day Notices of Application were sent by fax to:

 

a) The Manager, National Westminster Bank Plc,

48, The Centre, Feltham, Middlesex.

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 146

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

b) The Secretary, Abbey National Plc,

21 Prescot Street, London, El.

 

c) The Fraud Manager,

National Westminster Bank Access

Premier House, Victoria Avenue,

Southend on Sea.

 

At 11.00 on Tuesday 11.08.92, at the Central Criminal Court, the Orders were granted, uncontested, in chambers by Judge Michael Coombe. Copies of these applications and orders I produce as Exhibit JPS/9. An examination of his current account no. ******** reveals it to be an extremely well run account £1,677.45 in credit on 11th August 1992. The credit turnover in the 6 months to June 1992 was £6,719.00. The credit turnover for 1991, 1990 and 1989 is as follows:

 

            1991    £13,105.20

            1990    £12,995.67

            1989    £13,178.06

 

There have been only two deposits into the current account in 1992 other than his regular payments from GEC Marconi Research. These were a deposit of £5.41 on 18.03.92 and a deposit of £200 on 20.03.92. Enquiries reveal this latest transaction to be a cash deposit of the following notes: two by £50, four by £20, and two by £10. In 1991 there was only one deposit into the

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 147

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

account other than his wages. This was for the sum of £300 on 04.01.91 and was a cheque drawn on Norweb Plc. In 1990 there were six deposits, totalling £527.59, other than wage credits. These were as follows:

 

            09.01.90          £45.23

            05.03.90          £15.16

            19.03.90          £50.00

            20.04.90          £55.00

            11.07.90          £12.20

            17.10.90          £350.00 (cheque drawn on Abbey National Plc)

 

The current account pays five regular standing orders as follows:

 

Amount

Payable to

Direct Debit/ Standing Order

£160.00

£26.00

£25.00

£25.00

£ 23.20

Joint account

Institute of Quality Assurance

AB Trust Management

Royal Bank of Scotland

Royal Borough of Kingston

Monthly Standing Order

Annual Standing Order

Monthly Standing Order

Monthly Standing Order

Monthly Direct Debit

 

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 148

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

The £25.00 per month payment to ABTRUST Management refers to a savings plan managed by Abtrust Unit Trust Managers Ltd of 99, Charterhouse Street, London, EC1M 6AB. The chosen plan is Abtrust Far East Emerging Economies Fund: FEEE 297. A statement dated March 1992 shows a February 1992 total of 1895.35 units held including reinvested dividend (Exhibits PMS/32, RH/33). The £25.00 per month payment to the Royal Bank of Scotland refers to a regular savings plan with Save and Prosper Securities Ltd, Sovereign House, 16-22 Western Road, Romford. The chosen fund is The Save and Prosper European Smaller Companies Fund (Exhibits PMS/32, RH/33). The handling of the account follows a regular pattern. The salary cheque goes into the account and the account gradually dwindles through cheques issued, and standing orders paid, to a small balance. Excess amounts at the end of the pay period are transferred by cheque to the Abbey National Savings account. A noticeable feature of the account is the lack of recent cash withdrawals. None of the cheque stubs (dating back to the beginning of 1990} show any cheques made out to “self” or “cash”. No cash withdrawals have been made via Automatic Till Machines (A.T.M.) from this account in 1992. In 1991 there were 16 withdrawals from A.T.M.s totalling £820.00. These occurred only in the first half of the year ending on 12th August 1991 after which no cash withdrawals appear to have been made. However, in 1990 the A.T.M.s were used fairly regularly throughout the year (Exhibits PMS/10, SC/1). In 1990 there were regular cheques to Sainsbury’s (20) and Savacentre (5) grocers from SMITH’S current account. No cheques were issued to these

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 149

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

concerns from this account in 1991 or 1992. Joint account no. ******** currently holds £953.73. Four regular payments are made from the account as follows:

 

Amount

Payable to

Standing Order/ Direct Debit

£114.22

£12.50

£30.36

£13.69

Abbey National B.S.

Hickman and Bishop

Legal and General

Thames Water

Monthly Standing Order

Annual Payment

Monthly Direct Debit

Monthly Direct Debit

 

The account is paid £160.00 by monthly transfer from the account of Michael John SMITH and £130.00 by monthly transfer from the account of Pamela Avril SMITH. These deposits, with the exception of two cheques, one for £5.41 and one for £2.93 on the 18th and 25th March respectively comprise the total input into the account in 1992. In 1991 these transfer payments were the only deposits into the account. The highest balance of the joint account in 1992 was £1,048.10 and in 1991 £826.78. The lowest balance in 1992 was £707.78 and in 1991 £329.11. Cheques are issued from the account fairly infrequently and mainly for small amounts. The highest value cheque in 1992 being £226.34 and in 1991 £180.32. The Abbey National Savings account no. X3997760 SMI currently holds £8406.54. It was opened on 22.03.91 with

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 150

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

£1566.26 which was the closing balance of a previous account number X2066509 SMI. Since account no. X3997760 was opened on 22.3.91 cheques to the amount of £6,142.56 have been paid into the account mostly transferring money from his National Westminster current account. Cash deposits have also been paid in. These cash deposits cannot be accounted for as withdrawals from his National Westminster Current or Joint account. Nor have they been withdrawn from his Access account. These payments are as follows:

 

            19.02.91          £200.00

            21.03.91          £300.00

            18.05.91          £200.00

            07.06.91          £200.00

            08.06.91          £50.00

            03.08.91          £100.00

            17.08.91          £200.00

            28.09.91          £300.00

            26.10.91          £50.00

            07.12.91          £100.00

            18.12.91          £150.00

            08.06.92          £75.00

 

            TOTAL           £1925.00

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 151

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

The previous account, number X2066509, was opened on 28.11.88 with £2050.68 (which is the closing balance of a previous account no. R5194231 SMI which had been in existence since at least 1985 with a balance of about £2000.00). Small credits of between £100 and £700 paid in by cheque took the balance to £3950.68 on 21.06.89. On 02.07.89 two tranches of Abbey National shares were purchased at a cost of £1007.50 each which took the balance to £1935.68. On 19.02.91 cash (£200) is deposited in the account for the first time. This was followed by a cash deposit of £300 on 21.03.91 which was just before that account was closed and reopened on the same day as X3997760. Michael SMITH has a National Westminster Bank Access Card no. 5224 0061 2943 4243. The credit limit is fixed at £1300. His average expenditure on the card for the first six months of 1992 was £131.00 and his balance owing varied from a high of £525.77 in February to a low of £40.00 in June. In 1991 his average monthly expenditure was £323.00 and his balance owing varied from a high of £1415 in February to a low of £32.32 in November. The vast majority of the transactions refer to the purchase of publications, with hi-fi and sundry purchases also recorded. All payments to Access for 1991 and 1992 have been made by cheque from his current account. The following shareholdings have been revealed in documents, Exhibits PMS/32, RH/33:

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 152

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

Company

Holding

Certificate No.

Registrar

British

Telecom PLC

 

Tarmac PLC

 

 

East Midlands

Elec

 

Scottish

Power PLC

 

Eastern

Electricity

 

Seeboard PLC

340 part paid

 

 

400

 

 

100 part paid

 

 

160 part paid

 

 

100 part paid

 

 

100 part paid

Z0175314

 

 

708807

 

 

Z0732607

 

 

10145681

 

 

0434375

 

 

Z0881301

Lloyds Bank Plc,

BN99 6DA

 

Nat West Bank,

BS99 7NH

 

Lloyds Bank Plc,

B30 3ER

 

Bank of Scotland

EH7 4AL

 

Nat West Bank,

BS99 7ZF

 

Lloyds Bank Plc,

BN12 6DA

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 153

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

London

Electricity

 

Southern

Electricity

 

Yorkshire

Electricity

 

Midlands

Electricity

 

Scottish

Hydro

 

Powergen

 

 

National

Power

100 part paid

 

 

100 part paid

 

 

100 part paid

 

 

100 part paid

 

 

90 part paid

 

 

114

 

 

186

Z0917554

 

 

Z0758734

 

 

3223045

 

 

2257041

 

 

105995

 

 

0419767

 

 

Z0633860

Lloyds Bank  Plc,

B30 3ER

 

Lloyds Bank  Plc,

B30 3ER

 

Nat West Bank,

BS99 7ZF

 

Nat West Bank,

BS99 7ZF

 

Royal Bank of Scotland

EH11 4BR

 

Nat West Bank,

BS99 7ZG

 

Lloyds Bank Plc,

B30 3ER

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 154

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

The following receipts have been recovered in Michael SMITH’s property. They cannot be accounted for by cash withdrawals from his National Westminster accounts nor by cheques from either account. They have not been paid for from the Access account, although a cash withdrawal of £900.00 was made from the Abbey National account on 3rd February 1990 which may relate to the first entry on the following list.

 

 

Date

Amount

Exhibit

Receipt for cash

(16 x £50)

 

Receipt for cash

Visionworld Ltd

 

Receipt for cash

Visionworld Ltd

 

Receipt for cash

balance, ABC Music

 

(main payment of

above not accounted

for elsewhere)

03.02.90

 

 

19.10.90

 

 

23.11.90

 

 

24.11.90

£770.00

 

 

£290.00

 

 

£385.00

 

 

£189.00

 

 

£720.00

SC3

 

 

SC3

 

 

SC3

 

 

SC3

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 155

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

Receipt for cash

London Guitar Studios

 

Receipt for cash

The Synthesizer Company

 

Receipt for cash

The Synthesizer Company

 

Receipt for cash

Project Music

 

Receipt for cash

Bentalls

 

Receipt for cash

John Lewis, Kingston

 

Receipt for cash

(2 x £50)

Soho Soundhouse

 

Receipt for cash

ABC Music

13.12.90

 

 

05.02.91

 

 

26.02.92

 

 

09.03.91

 

 

16.03.91

 

 

06.04.91

 

 

13.04.91

 

 

 

11.05.91

£1795.00

 

 

£4800.00

 

 

£138.00

 

 

£180.00

 

 

£199.00

 

 

£145.00

 

 

£79.00

 

 

 

£145.00

PMS32

 

 

RRl

 

 

RRl

 

 

SC3

 

 

SC3

 

 

PMS32

RH33

 

SC3

 

 

 

SC3

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 156

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

Receipt for cash

Callhaven

 

Receipt

SYCO

 

Receipt for cash

Project Music

 

Receipt for cash

Riverside Hi-Fi

 

Receipt for cash

Seeboard

 

Receipt

Unilet Products

 

Receipt

SYCO

 

Receipt

Wembley Commercial

Centre

 

Receipt

Project Music Store

03.07.91

 

 

19.07.91

 

 

27.07.91

 

 

05.10.91

 

 

30.11.91

 

 

06.02.92

 

 

18.02.92

 

 

07.04.92

 

 

 

11.04.92

£58.75

 

 

£351.33

 

 

£459.00

 

 

£210.00

 

 

£119.99

 

 

£93.00

 

 

£581.63

 

 

£240.00

 

 

 

£45.00

PMS32

 

 

SC3

 

 

SC3

 

 

SC3

 

 

PMS32

RH33

 

SC3

 

 

SC3

 

 

SC3

 

 

 

PMS32

RH33

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 157

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

Receipt

Wembley Commercial

Centre

 

27.07.92

£150.00

PMS32

RH33

 

TOTAL

£12,143.70

 

 

Michael SMITH has been the registered owner of a 1981 Datsun Cherry 3 door saloon registration mark KJH 249W since 14.05.83. The August 1992 Glass’s Car Price Guide does not go back as far as 1981, but shows a 1983 model with average mileage to be worth between £400.00 (trade price) and £1000.00 (in good condition). His wife has been the registered owner of a December 1986 Peugeot 305 5 door saloon registration mark D514 BLD since 09.08.89. The August 1992 Glass’s Car Price Guide shows this to be valued at between £1850.00 (trade price on a 1986 “C” plate) to £3275.00 (a good condition 1987 “D” plate). £2000.00 in £50.00 notes was found at SMITH’s home address (Exhibits PMS/24 and PMS/25). This money is not accounted for by cash withdrawals from any of the known bank accounts. Enquiries reveal that none of the notes in this collection were issued from the Bank of England prior to 06.06.90. The total of hidden income identified in this report is £16,018.70 composed as follows:

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 158

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Jonathan Peter SAY

 

Cash found and seized at SMITH’s address

 

Unaccounted for deposits at Abbey National

 

Unaccounted for cash receipts

£2,000.00

 

£1,875.00

 

£12,143.70

 

The lack of cash withdrawals after the middle of August 1991 coupled with the ceasing of cheques made payable to food retailers suggests access to other cash resources.

 

I produce a chart of SMITH’s financial transactions, Exhibit JPS/10, and a chart of the credits, debits and balances of SMITH’s bank accounts, and cash purchases, between 1st January 1990 and 11th August 1992, Exhibit JPS/11.

 

Signed             J Say                            Signature witnessed by

 


Witness Statement Page 159

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Kevin John HALL

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Retail Branch Manager

 

Dated 6 October 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am employed as the Branch Manager for W.H. Smith Ltd at Unit 14, St. Anns shopping centre, Harrow, Middx and have been employed as such since November 1989. On checking my stock record for an American magazine called ‘Keyboard’ for the month of August, 1992, during week ending 11th July 1992, we had fourteen copies delivered. On the 22nd August 1992, we had four copies of this magazine remaining unsold. This would show that it is highly probable that there were copies of ‘Keyboard’ on display at this store on the 6th August 1992. Normally with this quantity they would all be placed on display, however occasionally if the shelves are crowded a limited quantity would be placed in the stockroom. If this is the case the magazines are regularly replenished by the sales staff. It is normal practice if a customer requests a magazine that is not on display. Staff will check the stockroom for reserve stock. This stock record which I referred to earlier in my statement I have handed to DS Hudson and produce it as exhibit KJH/1.

 

Signed             Kevin J. Hall   Signature witnessed by            Roseline M. Hudson D/S

 

No. 991A

 


Witness Statement Page 160

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Arthur Stephen TRIMBEE

Age of Witness (date of birth)            28 January 1936

Occupation of Witness                       Assistant Director MOD Security/5

 

Dated 25 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been the assistant Director of Ministry of Defence Security, with responsibility for security in industry for nearly two years. This involves direct liaison with British companies involved with Defence contracts including those which concern classified material. I am responsible for ensuring that companies which handle classified material apply appropriate safeguards to protect it. Today I met with Detective Chief Inspector GRAY and Detective Inspector MORRISSEY who told me they were conducting an Official Secrets Act investigation, which involves GEC/HIRST RESEARCH CENTRE, East Lane, Wembley, Middlesex. I can say that the GEC/HIRST RESEARCH CENTRE at East Lane, Wembley, Middlesex is a ‘prohibited place’ under the provisions of Section 3(b) Official Secrets Act 1911, as amended by the Official Secrets Act 1920, and has been designated as such since before 1977. It is so designated because it receives and holds classified material for the purpose of fulfilling Ministry of Defence contracts. These contracts cover a range of military equipment including the Rapier Missile System.

 

Signed             A. S. Trimbee              Signature witnessed by M Morrissey DI

 

No. 991A

 


Witness Statement Page 161

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              John Michael CAMP

Age of Witness (date of birth)            9 December 1931

Occupation of Witness                       Security Executive, Thorn EMI

Address and Telephone Number        Blyth Road, Hayes, Middlesex UB3 1DL

                                                            081 573 3888

 

Dated 20 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday 20th August 1992, at THORN EMI premises in Blyth Road, Hayes, I handed to Det. Sgt. P Smith an original Official Secrets Acts declaration signed M J Smith on 28th July 1976. The further declaration was signed by M J Smith on 28th April 1978. This document was removed from security files held in my office under my direct control. I exhibit this document as Exhibit JC1.

 

Signed             J. M. Camp                  Signature witnessed by            P. Smith DS

 

No. 991A

 


Witness Statement Page 162

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Ernest George Stephen LEY

Age of Witness (date of birth)            28 January 1936

Occupation of Witness                       Group Security Manager, TEE

 

Dated 6 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the group security manager for THORN EMI Electronics. I am responsible for maintaining a database of employees, past and present. From the information held on this database I can confirm that Mr Michael John SMITH, born in London on 22.9.48, payroll number M97422 commenced employment on 26.7.76. He ceased employment with the company on 30.9.85. I can also say that on 28.7.76 he signed the certificate under the Official Secrets Act acknowledging that he was briefed and bound under the terms of that Act. From this record I can also say that on 2.6.76 the company received approval to allow him access to Government classified information up to “SECRET”.

 

Signed             E. G. S. Ley                Signature witnessed by            M Morrissey DI

 

No. 991A

 


Witness Statement Page 163

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              John Stewart McMICHAEL

Age of Witness (date of birth)            Over 21

Occupation of Witness                       Retired

 

Dated 21 October 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Between October 1966 and February 1989, I was employed at EMI Electronics, latterly Thorn EMI, at Hayes, as Manager, Defence Security Department for the whole of the company. I was responsible for all aspects of defence security in relation to the company. I have been shown Exhibit JMC/2, which is described as one (1) company security document in the name of Michael SMITH. I recognise it as a Security Department Personnel file of the type kept personally by me. It relates to Michael John SMITH, born 22/948. I have studied the file and can say that the items of correspondence held in it are those that were held by me. The file includes correspondence between myself and the Ministry of Defence (MOD), Security Service and EMI Feltham. I recall Michael John SMITH, because there was a problem with his security vetting which was withdrawn by the MOD. At EMI Feltham SMITH was a Quality Assurance Engineer, engaged on project XN715. Contained in the file is a transcript of an interview of Michael SMITH with myself, which took place in my office on Monday, 12th November, 1979. I taped the interview covertly because I expected it to be a lengthy interview and I can say that the transcript, contained in Exhibit JMC/2, is a true and accurate record of that interview. The cassette tape was later destroyed. The Interview was carried out at the request of the MOD (SY5) as his security clearance had been withdrawn and he

 

Signed             John McMichael          Signature witnessed by            Christine Robson DC

 

No. 991A

 


Witness Statement Page 164

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

CONTINUATION OF STATEMENT OF    John Stewart McMICHAEL

 

had been seeking an interview with the head of security. In summary, my impression of SMITH is that he was being evasive, not answering questions directly and was unable to remember surnames of certain persons. I remember that when I informed him that if he went to the MOD for an interview he would be asked questions of a similar nature as if he were being positively vetted. His reaction indicated to me that he was concerned at having to face those sort of questions in an official capacity. He went quiet and went physically pale. He contacted me several times after this interview trying to find out what was happening re his security status. He also tried to ingratiate himself with the MOD by reporting a lack of security at Feltham. He was certainly very persistent. I would be willing to attend court and give evidence if necessary. I have read through this statement and would like to add that the idea to tape record SMITH’s interview was entirely my own, it was not normal practise.

 

Signed             John McMichael          Signature witnessed by            Christine Robson DC

 

No. 991C

 


Witness Statement Page 165

 

Form MG 11(T)

 

STATEMENT OF                  Frank TAYLOR

Age if under 21                       Over 21

 

Dated 23 November 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I was employed as a Deputy Director Security Ministry of Defence, Procurement Executive, from 14th January 1975 until my retirement on 18th September 1981. I was responsible for vetting of personnel whose cases were referred to M.O.D. (PE) as contracting department. I have today been shown exhibit MR/20, a quantity of correspondence. I note in particular on M.O.D. (PE) headed letter to M J SMITH esq, dated 25th January 1980. I identify the signature on that letter as being my own. The letter refers to a request for an interview and an enclosed Security Questionnaire. I also note that the quantity of correspondence contains a Security Questionnaire, form E93A, in the name of Michael John SMITH and dated 6th February 1980. I vaguely recall the last page of handwritten notes. I see at section 11 of the form, at subsection (a) in reply to the question, “Have you ever been a member of or in sympathy with any Communist, Trotskyist or Fascist organisation in the United Kingdom or elsewhere?” the reply is “No”. I also see that in subsection (b), in reply to the question, “Have you ever had any connection with any group or movement associated, or in sympathy, with a Communist, Trotskyist, or Fascist organisation?”, the answer is “No”. I note that the quantity of correspondence also includes a letter from myself to Mr M J SMITH, dated 30th May 1980. I identify the signature as being my own. The letter refers to arrangements for an interview at Fleetbank House at 10.15 am on Tuesday, 10th June, 1980, where Mr Maloney will be the interviewing officer. From my experience it was unusual to receive a request from an employee of M.O.D. contractors for interview about security clearances. I have some recollection of the circumstances surrounding the case. I vaguely recall setting up

 

Signed             F. Taylor          Signature witnessed by            S. Beels DS

 


Witness Statement Page 166

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Frank TAYLOR

 

the interview between Mr MALONEY and SMITH but was not myself present at it.

I would be willing to attend court and give evidence if required.

 

Signed             F. Taylor          Signature witnessed by            S. Beels DS

 


Witness Statement Page 167

 

Form MG 11(T)

 

STATEMENT OF                  Mr ‘D’

Age if under 21                       Over 21

 

Dated 9 December 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Between April 1962 and January 1985 I was employed as a member of the Security Service. In 1980 I was working in a section of the Service specifically concerned with individuals who had come to notice in a security context whilst employed with commercial companies undertaking classified government contracts. On 10th June 1980 I interviewed Michael John SMITH at Fleetbank House, 2-6 Salisbury Square, London, EC4, resulting from his request to have his security clearance for his employment at EMI reinstated. I introduced myself as Mr Maloney and the interview lasted for approximately an hour. At the outset of the interview I presented SMITH with a Form E93A that he had completed. This is a security questionnaire. SMITH confirmed that he had both completed and signed it. Today, Detective Sergeant Beels opened a sealed bag marked MR/20 in my presence and showed me a copy of a completed E93A security questionnaire. This appeared to be a copy of the one that was completed by SMITH prior to the interview. During the course of the interview SMITH initially claimed that he had never been a member of the Communist Party of Great Britain or Young Communist League and had never knowingly attended any meetings of these groups or knowingly associated with any members of these groups. He further claimed that he had a general lack of interest in politics apart from “a normal day to day interest in current affairs”. I then put to him that in fact I knew him to have been actively involved in Communist Party activities for a number of years. Thereafter Mr SMITH admitted his involvement with the Communist Party

 

Signed             Mr ‘D’             Signature witnessed by            S. Beels DS

 


Witness Statement Page 168

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mr ‘D’

 

and Young Communist League since about 1971. He claimed that he had resigned from these groups in late 1975 or 1976 and that his resignation was not prompted by his Joining EMI but rather because of growing disillusionment with the Communist Party and the YCL in general. I made a report of this interview on 17 June 1980. This was prepared from a recording of the interview that I had made at the time without SMITH’s knowledge. I do not recall what happened to this recording. Normal procedure at that time would have been to destroy the tape after a report had been made, but I cannot recall whether in fact this was done. I now produce a copy of the report made by me on that date as Exhibit D/1. My name has been removed from this report.

 

Signed             Mr ‘D’             Signature witnessed by            S. Beels DS

 


Witness Statement Page 169

 

Form MG 11(T)

 

STATEMENT OF                  Edgar George HILL

Age if under 21                       Over 21

 

Dated 18 November 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I was employed with the Ministry of Defence between 1947 and July 1987. I was Director of Security for the MOD Procurement Executive between September 1977 and September 1982. As Director of Security (PE) I was responsible for security within the Procurement Executive, certain Defence Research establishments and list x firms.

I have been shown Exhibit MR/20, which consists of a quantity of correspondence. I note in particular a letter dated 30th June 1980 from myself to Mr M.J. Smith Esq. I identify the signature as being my own. I recall certain aspects of this case, in particular Mr Smith being interviewed at Fleetbank House (which was unusual), and the decision to withdraw his security clearance. I note, especially in paragraph two, that I have written “we note in particular your admission that you had in fact been a member of the Young Communists League between 1971 and 1976, and that you had denied such membership both in your answers to the security questionnaire and also in the early part of your interview.”

I would be willing to attend court and give evidence if necessary.

 

Signed             E. G. Hill         Signature witnessed by            Christine Robson DC

 


Witness Statement Page 170

 

Form MG 11(T)

 

STATEMENT OF                  Jeffrey SINGLETON

Age if under 21                       Over 21

 

Dated 2 December 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am exhibits officer in. the case of R v Smith and have been employed in this role since 8th August 1992. I have been asked to explain why only part of the contents of exhibit SR4, a quantity of correspondence and components, were split to exhibit J.S.14 to J.S.38 inclusive and examined by people judged competent to explain their significance while the remaining part of SR4 was left unexamined. On 9th August 1992 I received exhibit SR4 at Paddington Green Police Station along with a large number of other exhibits. All these exhibits had to be booked in and then initially examined to assess their worth to the investigation. Exhibit SR4 was opened during the evening of 9th August at Paddington Green Police Station by myself and the contents systematically copied and resealed and given other exhibit numbers viz J.S.14 to 38 inclusive. Whilst this process was being carried out copies of the documents above were examined and other investigating officers judged that they may be significant to the investigation although they were not competent or qualified to assess their true worth. With expedience of the investigation an issue people judged competent to explain the documents already examined were contacted and an appointment made to show such documents to them. By the time it became necessary for Detective Chief Inspector GRAY and Detective Inspector NICOLSON to leave for this appointment only documents, exhibits J.S.14 to J.S.38 inclusive had been examined and these were handed to Detective Inspector NICOLSON for initial assessment by competent examiners. The remaining documents were resealed, left unexamined as SR4 for assessment at a later date.

 

Signed             J. Singleton                 Signature witnessed by

 


Witness Statement Page 171

 

Form MG 11(T)

 

STATEMENT OF                  Martin MORRISSEY

Age if under 21                       Over 21

 

Dated 1 December 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday 17th September 1992 I visited the area of Harrow-on-the-Hill, Middlesex. Whilst there I directed Detective Sergeant Phillip ATKINSON to photograph those places that Michael John SMITH had indicated, in interviews with Detective Chief Superintendent Malcolm MACLEOD, that he had visited on Thursday 6th August 1992. Certain of these photographs are exhibited under reference PA/1 by Detective Sergeant ATKINSON. The remainder are exhibited under reference PA/5 by Detective Sergeant ATKINSON. It is by reference to these photographs and my own observations of Harrow-on-the-Hill that this statement is made. Photographs 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13 are views along PETERBOROUGH ROAD, from KENTON ROAD, up the hill towards the HIGH STREET, Harrow-on-the-Hill. Photographs numbered 14, 15 and 16 are views in the opposite direction, down PETERBOROUGH ROAD towards Harrow. Photographs numbered 17 and 19 show the view towards CHURCH HILL and photographs 20, 21 and 22 show the Junction of PETERBOROUGH ROAD, CHURCH HILL and HIGH STREET. Photograph number 24 is a water hydrant which is in PETERBOROUGH ROAD on the west footway some three feet from the junction with CHURCH HILL. Photograph number 26 is a view down CHURCH HILL from the entrance to St Mary’s church which sits on the top of Harrow-on-the-Hill. Photographs number 28 and 29 are of the lych gate at the entrance to St Mary’s Church. Photographs 30 and 31 show the church’s main door. The photograph numbered 32 shows the two benches which are situated on a viewing platform which is at the far side of the church if one entered by the lych gate (photographs 28 and 29). Photograph 33 shows one of the two paths on that side of the church. This one leads to

 

Signed             M. Morrissey DI                     Signature witnessed by

 


Witness Statement Page 172

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Martin MORRISSEY

 

ROXBOROUGH PARK to the north west of Harrow-on-the-Hill. Photograph number 34 shows a third bench which is to the left of those in photograph 32 as one views the photograph. Finally photograph 35 shows the second path down to the west of the church, this leads to BESSBOROUGH ROAD.

 

Signed             M. Morrissey DI                     Signature witnessed by

 


Witness Statement Page 173

 

Form MG 11(T)

 

STATEMENT OF                  Martin MORRISSEY

Age if under 21                       Over 21

 

Dated 8 January 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my last statement of 1st. December 1992, I have read the notes which were recovered from Michael John SMITH’s house and exhibited under references JS/4l, JS/42, JS/43 and JS/44. As far as I am able to discern the content of these notes, I have transcribed them into a typewritten form. I produce these four typewritten copies of the originals as exhibits MSM/2, a transcription of JS/4l, MSM/3 a transcription of JS/42, MSM/4 a transcription of JS/43 and MSM/5 a transcription of JS/44.

 

Signed             M. Morrissey DI                     Signature witnessed by

 


Witness Statement Page 174

 

Form MG 11(T)

 

STATEMENT OF                  Philip ATKINSON

Age if under 21                       Over 21

 

Dated 26 November 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday 17th September 1992 in company with Detective Inspector MORRISSEY, I visited the vicinity of Harrow-on-the-Hill, Middlesex. In my statement of 6th November I produced a number of photographs which I took on this day as exhibit PA/l. I now produce the remainder of the photographs which I took of this area on the 17 September 1992 as exhibit PA/5. The unretouched negatives are retained in my possession.

 

Signed             P. Atkinson DS                       Signature witnessed by

 

 

 

 

Witness Statement Page 174A

 

Form MG 11(T)

 

STATEMENT OF                  Philip ATKINSON (Det Sgt. 158766)

Age if under 21                       Over 21

 

Dated 6 November 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

 

On Thursday 22nd September 1992, together with Security Officer Mrs ‘C’ I travelled to Oporto in Northern Portugal. There, in the vicinity of a camp site and in various parts of that town, I took a quantity of photographs, PA/2 refers.

 

Signed             P. Atkinson DS                       Signature witnessed by

 


Witness Statement Page 175

 

Form MG 11(T)

 

STATEMENT OF                  Oleg GORDIEVSKY

Age if under 21                       Over 21

 

Dated 10 December 1992

 

This statement, (consisting of   5   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

From 1962 until 1985 I was an officer in the KGB, The Committee of State Security for the USSR. This is a security and intelligence organisation, since December 1991 renamed the SVR, the Service of External Intelligence and MB, the Ministry of Security. For the first nine years, until 1972, I was a member of Directorate ‘S’ of the First Chief Directorate which was responsible for the training and organisation of KGB officers who operated abroad under false foreign identities, these people are known as “illegals”. As a result I became thoroughly familiar with, and indeed was involved in the development of, tradecraft and secret communications including the use of clandestine meetings, visual signals and dead letter boxes. I finished my KGB career in 1985 as head of KGB operations in London. From 1976 I had been working secretly for the British Intelligence Services. In 1985 my role was discovered by the KGB but I managed to escape from Moscow to Britain. Since 1985 I have maintained my expertise in intelligence matters, studied large quantities of material from the former Soviet Union relating to intelligence matters and been the co-author of three books on intelligence matters. I would say that I have good current knowledge of the SVR and MB organisations because I keep myself well informed through the information which is now leaking from the former Soviet Union, and since the individuals in the two organisations are very much the same as in the KGB and use the same tradecraft techniques. Today Detective Inspector MORRISSEY has shown me some photocopies of an envelope and five pieces of paper.

 

First, I have looked at the envelope RH/22 and it immediately strikes me that this was written by a Russian. The unsteadiness of the writing is a familiar sign

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 176

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg Gordievsky

 

when they acquire the ability to write in Latin script usually in their late twenties. Also I notice that the letters ‘n’ and ‘r’, but particularly ‘n’ are written in capital letters where the rest is in small letters this results from the method they are taught where they copy the letters from examples in different books and so on, coupled with the difficulty in changing from Cyrillic to Latin script. They often get confused between capital and small letters.

 

Now to the letter marked JS/40. This type of letter is familiar to me. It is typical of a summons to an agent for a clandestine meeting, usually after an accidental break in communications with an agent. It is deprived of any specific details like a date, time and place of the meeting because the agent and KGB officer know from previous agreement what they are. Secondly, tradecraft doesn’t permit one to reveal vital details in case the note was intercepted or lost. Also the writing and the wording reminds me very much of the way Russian officers would do it.

 

The note JS/41. I find this very interesting and striking. It looks very much like a note made by an agent listening to the instructions of his case officer. On the fourth line down he makes a note about the signalisation, as it is called in the KGB, to be used in the course of clandestine meetings. A vertical line is a signal of danger, which means the agent must take special measures because either he or the officer may be under hostile observation. The horizontal line with the words “come next day” means that today’s clandestine meeting for some reason cannot take place and for some reason is being postponed to the next day, usually the same time and the same place. Those two visual signals are the most usual ones used by the KGB in the communication both with the agents and the above mentioned “illegals”. Practically speaking today only the SVR and the GRU (Russian Military Intelligence Service) would use these signals in intelligence operations. These signals are put by chalk or marker pen on a lamp post or gate post or telephone wiring box or something like that, so that they can easily be seen by the agent, even while driving in a car past the site. The last two lines are very typical for the KGB clandestine communication agreements. For me, the first words mean the date and place of the next meeting and the following words mean if it will not be possible to carry out the meeting, then to carry it out at the same place and time the next week.

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 177

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg Gordievsky

 

I have never visited Horsenden Hill, but I know where it is and it is a typically suitable place for KGB clandestine meetings. It is within the 25 mile limit and also not in the centre of London. There are no police stations or similar that would make for a difficult climate for such a meeting. The last line on this note is a very important one, it is a typically traditional KGB arrangement where if the contact between the agent and the case officer is broken, the agent will have to turn up at a previously appointed time and place until contact is re-established. In this case, according to the note, every second and third Wednesday of each month.

 

The note JS/42 is full of messages for me as a former KGB officer. It looks for me like a note made by a well disciplined agent, listening carefully to the instructions of his case officer, in order not to miss or forget anything. By disciplined, I mean an agent who uncritically receives the instructions of the officer and follows them precisely. From the point of view of the KGB only it’s best agents are disciplined. The first half of the note is the officer explaining the best route to the meeting place. The agent has underlined the word “suggest”" twice which means that the officer emphasised these words so that in effect they are orders and that is why the agent underlines them. The officer gives these orders with an objective in mind and this is usually to control the route taken to the meeting by the agent so that counter-surveillance can be used by the officer and his colleagues from the Russian residency to see if the agent is being followed by the British security authorities. A second reason for arranging a route to the meeting for the agent in advance is so visual signals can be left for him. On the next lines is the ritual reminder of what to do if contact is broken as I have previously explained on the note JS/41. At each meeting the case officer discusses the agent’s professional future with him because the KGB is interested in continuing to enjoy the agent’s access or, better, to improve it or expand it. So, the last two lines may be about the future of the agent, or about the work that the agent has access to, and what will happen to that in the future.

 

With regard to note marked JS/43 there is a difference between this note and the others, JS/41, JS/42 and JS/44. The signalisation is different, in that colours are indicated

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 178

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg Gordievsky

 

and the use of a magazine or newspaper probably as an indicator or a sign of identity. While I feel that the note indicates communication in the intelligence field, qualitatively the difference indicates that this note refers to a different stage in the case officer/agent relationship either before or after the period represented by the other notes.

 

The note JS/44 I regard as the most interesting, because it looks like a memo where the agent has recorded the most important elements of his conversation with the case officer. On the left side it states “1. get Karl’s Address and telephone number” which is an instruction from the case officer. The KGB uses its agents for “talent spotting”, that is in order to recruit more agents, they ask for people’s details to be obtained by the established agent so that they may be approached by KGB officers. After this at number 2, the agent is trying to draw the object where the case officer is telling him that the signals will be put but it is not clear what the object is. The signals are the same as on JS/41 which are typical elements of KGB signalisation. On the next line is the location Abbotsbury Road/Melbury Road and a coke can at bollard. Since the 1970’s the KGB slowly introduced disposable items, such as empty cigarette boxes, empty cans, orange and banana skins, as signals. They would be left in places where they would be unlikely to be removed too soon. The system of graphic signals and disposable items are often used together. The location Abbotsbury Road/Melbury Road like the rest of the area between Holland Park and Holland Road has been used regularly by the KGB for signal sites, because it was conveniently on the route of KGB officers living in the block of flats in Edith Road on the way to their Embassy in Kensington Palace Gardens. I myself was responsible for reading signals from different “illegals” which they left in this area in the 1980’s. The last two lines are instructions to follow a route and as I have explained before this allows for example counter-surveillance by the case officer, and for signals to be left on the route. On the right hand side is the tasks to be done for the next meeting. I recognise the words biosensors, micron valve and HTSC which I have been told by D.I. MORRISSEY represents high temperature super conductivity, as frequently on the requirements

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 179

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg Gordievsky

 

lists of the line-X of the KGB work. Line-X is concerned with illicit acquisition of high technological industrial and scientific secrets, usually important or relevant to the military production. About a third of all KGB officers belong to this line-X branch and their job is the acquisition, usually through agents, of that information. On note JS/44 under the requirements list I see the discussion of the delivery of something substantial, like a bundle of documents or a bulky item. Finally a reminder of the standing arrangements if contact is lost.

 

I have been asked why an agent would keep such notes, well according to the tradecraft an agent is not supposed to keep incriminating notes but the case officer’s interest is that the agent complies with the instructions he is given and turns up at the meetings and remembers what to do before the next meeting. This interest overrides the consideration of the agent’s security. The case officer is interested in short term success for his own career, allowing the agent to make notes thus jeopardising the long term future of the agent. Throughout this statement “case officer” refers to an officer of the KGB or SVR, which are effectively the same thing, who is responsible for all aspects of the control of the agent which would include meeting him and receiving information from him. The GRU is very similar to the line-X KGB and uses similar tradecraft.

 

From my experience of 23 years in the KGB I can confidently state that these notes JS/41 to JS/44, were made in response to the instructions of a KGB case officer, or possibly GRU. It was impossible for the person making the notes not to realise he was dealing with an intelligence service, because of the numerous elements of the paraphernalia of espionage which are the signalisation, the directions to follow a specific route, the contact and fall back arrangements, the sophisticated requirements list and the possible evidence of talent spotting.

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 180

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              D. G. BARLOW

Age of Witness (date of birth)            44 (3 March 1948)

Occupation of Witness                       Quality Manager

Address and Telephone Number        Hirst Research Centre

                                                            East Lane, Wembley, Middx. HA9 7PP

 

Dated 20 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been employed at HRC for eight years. For the last seven years I have headed the QA Department. From Dec. 1985 Michael John SMITH was employed in my department. Throughout this period he usually arrived by car between 8.45 and 9.15 am, and left after 5.15 pm. His normal lunch break was one hour at any time between 12.00 and 2.00 pm. He was not a regular user of the canteen at lunch times and quite often listened to music in his car. If he left the site, by car or on foot, he was obliged to sign an attendance record although there was no check on it. This applied to any absence during the working day.

 

Signed             D. G. Barlow              Signature witnessed by            A. Walsh DS

 

No. 991A

 


Witness Statement Page 181

 

Form MG 11(T)

 

STATEMENT OF                  Mrs C (Stella Rimington)

Age if under 21                       Over 21

 

Dated 9 December 1992

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated the 9th day of November 1992. I have examined JS/45, a street map of Oporto, Portugal with four crosses marked thereon, two of the crosses with adjacent arrows, and read the relevant part of the Defendant’s statement. I visited Oporto in September 1992 and identified the four places marked. Three of the crosses are very specific, that is at a particular point on a particular side of the road. At each of these sites there are bus stops and telephone boxes but nothing of obvious tourist interest. The fourth cross marks a square, Largo de San Joao Novo, where there is a church, a museum, a restaurant and a pub. These locations were photographed and are shown in Exhibit PA2. Having visited these sites it is my opinion that the marked map is typical of the sort of instructions given by Soviet/Russian Intelligence officers to their agents to follow a specific route; in this case passing either telephone boxes where further instructions could be received or bus stops where anti-surveillance measures could be used and ending in a busy tourist place where a meeting or contact could take place which would be difficult for any surveillance to monitor. Instructing agents to follow a particular route is an established tradecraft practice of Soviet/Russian Intelligence officers as stated in my previous statement. It is also established tradecraft practice for Soviet/Russian intelligence officers to arrange meeting with agents in particularly sensitive or important cases, in third countries. For cover reasons this is often combined with a holiday or other reason for travel. Both PRIME and GERHARDT had meetings with their case officers in third countries. Also third countries are sometimes used for training agents in communication or anti-surveillance techniques. I have examined

 

Signed             Mrs “C”                       Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 182

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mrs C (Stella Rimington)

 

JS/66, a street map of Honfleur, France, marked with three crosses, two joined by a line. I visited Honfleur in November 1992 and identified the places marked. Two are hotels and the third a restaurant. The two marking hotels are joined by a line. I was assisted by a member of the Direction de la Surveillance du Territoire (DST) who took photographs. Whilst it is possible that these markings indicate a specific route and meeting places, I do not consider I have sufficient information to draw a firm conclusion that they have an intelligence significance.

 

Signed             Mrs “C”                       Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 183

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Philip Raymond BEAUCHAMP

Age of Witness (date of birth)            10 May 1931

Occupation of Witness                       Retired Quality Manager

 

Dated 2 September 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

From 1951 until 1991 I worked at Thorn EMI, Feltham, in the Quality Assurance field, mainly on the weapons projects carried out at the establishment. At about the beginning of the 1970’s I became Chief Quality Engineer. In 1976 I recall Mike SMITH joining the company; I put him onto the XN715 Fuze project as a Test Engineer with expectation that he would become a Quality Engineer. His job involved getting to understand the XN715 system; assisting the engineers in testing the development product; assessing the testability of the product; processing fault data associated with the product. To achieve these requirements he needed full access to XN715 data, comprising drawings, specifications (requirements and test) and physical hardware. He worked on the project for two years until I was asked to arrange his removal from the project on to other work. Today Detective Sergeant SMITH has shown me a number of documents in marked bags: RH/26, RH/17, PMS/23. In respect of these, there is nothing relating to the XN715 project or any other classified weapons related work at EMI Feltham to my knowledge. However, I have been shown a sheet of paper RH/13; I am unable to determine any significance to it.

 

Signed             P. R. Beauchamp        Signature witnessed by            Paul Smith D/S

 

No. 991A

 


Witness Statement Page 184

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Alan RENNIE

Age of Witness (date of birth)            28 September 1938

Occupation of Witness                       Senior Scientific Officer, Ministry of Defence

 

Dated 6 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a senior scientific officer in the Ministry of Defence, and have worked for this Ministry and its predecessors since 1960. I am aware that in about 1975 and 1976 EMI Electronics Limited, now known as THORN EMI Electronics Limited, were commissioned by the Ministry of Defence to develop a production model of a radar fuse for use in the British free fall nuclear bomb WE177. The THORN EMI development code for this fuse is XN715. The production of this fuse ceased in about 1988 but THORN EMIE continue to refurbish the fuses which are still in operational use. This fuse was manufactured solely in the United Kingdom for the exclusive use of British armed forces. The project was and still is, classified “SECRET”, I judge this to be the correct classification. “SECRET” means ‘information and material the unauthorised disclosure of which would cause serious injury to the interests of the nation’. The communication of information regarding this fuse to a foreign agent would be useful to an enemy, could enable them to take counter measures and the interests of the United Kingdom would be prejudiced.

 

Signed             A. Rennie        Signature witnessed by            M. Morrissey DI

 

No. 991A

 


Witness Statement Page 185

 

Form MG 11(T)

 

STATEMENT OF                              Jeffrey SINGLTON

Age of Witness (date of birth)            Over 21

 

Dated 7 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am exhibits officer in the case of Regina v Smith and have been employed in such position since 8th August 1992. On 11th August 1992 I opened exhibit RH5 and split part of the contents, maps and an itinerary relating to Oporto, Portugal to become exhibits JS45, JS46 and JS47. These were sealed and labelled as such. The remaining documents were replaced and resealed as exhibit RH5. The exhibit RH5 was split so that those maps which had markings upon them and the itinerary, which may have been pertinent to the timing of any visit by Mr SMITH to Portugal could be examined more easily, and if required be examined by more than one person in different locations. On 24th September 1992 I split exhibit SR13 and removed a map of Honfleur, France which was sealed as exhibit JS66 and labelled as such. The remaining part of the exhibit was replaced and resealed as exhibit SR13- The reason for this split is that the map was required as part of the investigation while the remainder of SR13 was not deemed pertinent to a particular avenue of enquiry and the split allowed for ease and clarity of investigation.

 

Signed             J. Singleton DS           Signature witnessed by

 


Witness Statement Page 186

 

Form MG 11(T)

 

STATEMENT OF                  Mrs C (Stella Rimington)

Age if under 21                       Over 21

 

Dated 10 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I refer to my previous statements dated 9 November and 9 December 1992. I have been asked to expand on my expertise. I joined the Security Service in October 1969 and for the following five years was a member of the section studying the operational methods and techniques of intelligence services of countries hostile to the U.K.  My work involved the study of information gained from defectors and from Security Service investigations and observations of such intelligence officers in the U.K. and worldwide. During this period I took part personally in the debriefing of a number of Soviet defectors. Between 1976 and 1987 I was involved in the research and preparation of a number of Official Secrets Acts prosecutions. From 1987-1990 I was head of Security Service training department and as such involved in the training of Security Service officers in methods to counter the operational techniques of hostile intelligence services. From 1990-1993 I was head of the section of which I was a member when I first joined the Security Service. During this period I was involved in the study and assessment of the effects of the changes in the Soviet Union and the break-up of the Warsaw Pact on the intelligence services of those countries. I have also been asked to expand on the assertion in my statement of 9 November 1992 that the intelligence services of the Russian Federation (RFIS) have inherited most of the resources and assets of the Soviet Intelligence Services following the break-up of the Soviet Union in 1991. Despite the lessening of tension between Russia and the West the RFIS have continued to be active against Western, including British, interests. RFIS officers en poste in the UK and worldwide continue to gather information by clandestine means.

 

Signed             Mrs “C”                       Signature witnessed by            M. Gray DCI

 


Witness Statement Page 187

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mrs C (Stella Rimington)

 

Intelligence gathering is like completing a jigsaw, every piece, while not necessarily of high value in itself, can be of great value in building up the whole picture. This is particularly true in the Science and Technology (S&T) field, where classification of individual pieces of information is not necessarily a true reflection of their worth to an enemy. Sometimes a small, seemingly innocuous piece of information, can be of value in adding to information already received or ongoing research. RFIS remain active also in Europe and North America and information gained in these countries as well as the UK, could be valuable in adding to knowledge of joint UK/US/European research. In these circumstances information of a low classification or even unclassified could prove extremely valuable to those receiving it. I have been asked about the circumstances in which Viktor OSCHENKO arrived in the UK last summer. On 20 July 1992 Viktor OSCHENKO, a colonel in the SVR (formerly KGB), sought asylum at the British Embassy in Paris. He was given leave to enter the UK, which he did on 25 July 1992, when he was granted indefinite leave to remain. Previously OSCHENKO had served in the UK as Third then Second Secretary at the Soviet Embassy from 29 August 1972 to 22 September 1979. During this period Security Service investigations identified OSCHENKO as a member of the KGB.

 

Signed             Mrs “C”                       Signature witnessed by            M. Gray DCI

 


Witness Statement Page 188

 

Form MG 11(T)

 

STATEMENT OF                  Oleg Gordievsky

Age if under 21                       Over 21

 

Dated 5 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of the 10th December 1992 I have been asked by Detective Inspector Morrissey to provide some documentary evidence of my previous employment in the KGB, the Committee of State Security of the USSR. I produce my KGB identity card, which is the main and the only document identifying me as a member of the KGB and as a member of the Soviet Union’s armed forces. It was issued to me in the year 1978 in Moscow after my return from my assignment in Denmark. It was issued because in my time in Denmark I had been promoted from the rank of Major to the rank of Lieutenant-Colonel, thus needing a new identity card. Because the officers of the KGB wear plain clothes I had to visit the photo studio of the KGB in Moscow to be photographed in the uniform of a Lieutenant-Colonel for the card. In February 1985 I was promoted to the rank of Colonel but because I was posted at that time in London I was not in a position to get a new identity card before I finished my KGB career in May 1985. The photograph is not on this identity card because when my book “KGB: The Inside Story” was to be published, the publisher wanted to use my identity card as an illustration in the book, and in fact it appears on the dust jacket. At that time, 1990, for reasons of personal security I did not allow my photograph to be seen in public and so the photograph of me in my Lieutenant-Colonel’s uniform was removed from the card. On the inside left hand of the identity card it says: on the ink stamp is the national emblem and the words “Committee of State Security of the USSR”, on the printed KGB emblem the words “KGB of USSR”. In ink my personal number as member of the armed forces: D-895525. In the upper right

 

Signed             O. Gordievsky                        Signature witnessed by            M. Morrissey DI

 


Witness Statement Page 189

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg Gordievsky

 

corner the series of the identity card NK-4. A line on the right hand side says “valid until 31st December 1985”. On the right hand side of the card the text says “Committee of State Security of USSR. Identity card NK No. 3406 Lieutenant-Colonel GORDIEVSKY Oleg Antonovich. Holding the office of Senior Assistant of Department Head. The owner of this card is permitted to store and to carry arms. Deputy Chairman of State Security” (signed). On the right hand side is the same emblem as on the left of the card. I produce this card as exhibit OG/1. When I was escaping from Russia in July 1985 I had it with me as a precaution in case I was arrested in the border area. I have also been shown exhibits marked JS/45, JS/46, JS/47 and a series of photographs exhibit PA/2. In the light of my previous statement I have been asked for my opinion on these maps. The marks on the map of Oporto marked JS/45 look to me as if they could have an intelligence purpose. They could have been marks of dead letter boxes, signal sites or agent meeting places. Most likely these places, three of which have a well protected and transparent bus shelter, are perfect meeting places or visual contact places, while the fourth place looks like a cosy and convenient meeting place. Another possibility is that the crosses on the map are marks of the route which a KGB contact is supposed to follow probably stopping for a short period of time at bus-stops before his meeting with a case officer in order to be checked as to whether he is being followed by hostile surveillance. It is the bus-stops that are marked in this small area that lead me to this conclusion. Having said this, that the marks could have an intelligence purpose, I have not sufficient information to be certain that they are.

 

Signed             O. Gordievsky                        Signature witnessed by            M. Morrissey DI

 


Witness Statement Page 190

 

Form MG 11(T)

 

STATEMENT OF                  Michael Anthony BYRNES

Age if under 21                       Over 21

 

Dated 26 April 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On April 23rd 1993 the financial controller of the company which employs me, Jacqueline Beck, asked me, in my capacity of credit controller, to gather all the available paperwork and computer held records on the financial transactions between The Synthesizer Company Limited and Mr Mike Smith of 48A Burton Road, Kingston-Upon-Thames, Surrey. This was, she said, in response to a request from police to obtain a statement from a representative of the company in regard to monies received from Smith and products purchased by him. On Monday, 26th April 1993 DC Richards of New Scotland Yard attended my office and showed me two exhibits marked JS/39 and RR/3, and asked me to explain the difference in prices quoted on JS/39, a preliminary quotation, and RR/3 a handwritten receipt. He also asked me to list all items purchased by Smith from The Synthesizer Company. Exhibit JS/39, described as two pieces of paper, ignoring that headed ‘SYCO Invoice’, is in essence a preliminary quotation prior to the making of a contract, the prices found thereon are all approximate and open to negotiation. All the items listed on the quotation, except that described as ‘CNI RMCD, 44MBHD and CD ROM’ were purchased by Smith under Order number S7253. RR/3, a handwritten receipt, is a document in confirmation of Smith’s payment of £10,062.50 for these and other goods under Order number S7253. The discrepancies between prices quoted and those paid by Smith are a result of haggling between Smith and the representative with whom he dealt. A list of items purchased by Smith on this occasion is held on invoices, copies of which I gave to DC Richards on the 26th April 1993 and which I submit as

 

Signed             M. Byrnes       Signature witnessed by            R. Richards DC

 


Witness Statement Page 191

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Michael Anthony BYRNES

 

exhibit MAB/1. These all relate to Order No. S7253 but two bear different Order numbers being S16847 and S7488. This can be accounted for by our warehouse being out of stock of the products listed at the time of ordering and their having to be recorded under another reference. The invoice total for the goods is £10,062.49, a difference of £0.01 which is a rounding up of the VAT charged on the deal. I was also shown by DC Richards an exhibit marked RR/1, a statement of the account of Mr Mike Smith. This is a true record of his account as relates to Order S7253 but is not a full record of all Smith’s transactions. I produce a full account of Smith’s dealings with The Synthesizer Company as exhibit MAB/2 and include in this exhibit invoices relating to the balance of his dealings with my company outside those dealt with in exhibit MAB/1. I am willing to attend Court as a witness if necessary.

 

Signed             M. Byrnes       Signature witnessed by            R. Richards DC

 


Witness Statement Page 192

 

Form MG 11(T)

 

STATEMENT OF                  Michael Anthony BYRNES

Age if under 21                       Over 21

 

Dated 27 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 26th April 1993, DC Richards re-attended my office on 27th April 1993 at 10.30. DC Richards packaged and sealed exhibits MAB/1 and MAB/2 in my presence and I signed the labels affixed to both. MAB/1 I describe as five (5) sheets of invoice paper relating to purchases by Mike Smith. MAB/2 I describe as the history of transactions of Mike Smith plus four (4) sheets of invoice paper. Both exhibits were as I had handed them to DC Richards on 26th April 1993.

 

Signed             M. Byrnes       Signature witnessed by            R. Richards DC

 


Witness Statement Page 193

 

Form MG 11(T)

 

STATEMENT OF                              Ronald GILBERTSON

Age of Witness (date of birth)            Over 21

 

Dated 7 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday, 7th May 1993 I attended an annex of the Metropolitan Police Forensic Laboratory at Denmark Hill, London. By making reference to exhibit MAB/1, an invoice from The Synthesizer Company addressed to Mr Mike Smith, 48A Burton Road, Kingston Upon Thames, Surrey, I found that exhibit PMS/2 - a Macintosh computer monitor, exhibit PMS/4 - a Diki Devices hard disk and cartridge unit, exhibit PMS/5 - a Macintosh computer keyboard, exhibit PMS/6 - a Macintosh computer, and exhibit PMS/8 - a Toshiba compact disk drive, are the same makes and types of those items described on exhibit MAB/1. Exhibits PMS/2, PMS/4, PMS/5, PMS/6 and PMS/8 have been in police possession since 8th August 1992.

 

Signed             R. Gilbertson DS        Signature witnessed by

 


Witness Statement Page 194

 

Form MG 11(T)

 

STATEMENT OF                  Marcia Anita ASHWOOD-LUCK

Age if under 21                       Over 21

 

Dated 22 April 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the owner of two florist shops in the Kingston-upon-Thames area. Ashwood Florists at 83 Surbiton Road, Kingston-upon-Thames and Tudor Florists at 172 Tudor Drive, Kingston-upon-Thames, which I have owned for roughly four years. I employ 2 full time staff, both women, who each work at one or other shop, and two part-time staff, again both women, who fill in at whichever shop I need them to. I have been asked who would have been working at Tudor Florists on the morning of Saturday August 8th 1992 and if there would have been any men on the premises. That would have been one of my full time staff, Katherine GOULD, who would have been there from 8.30am to 5.30pm. I don’t actually employ any male staff, however, there are three men who help out delivering flowers on an ad-hoc basis, Colin BUTLER, Frederick WHEELER and his son David WHEELER. Of these three, it would most likely have been David WHEELER who would have been at Tudor Florists that day. David’s wife Susan is one of my part-time staff, and he helps her out as and when he is needed. Obviously, delivering flowers means he would have been in and out of the shop, and my shop at Surbiton Road, most of the day. I understand that I may

 

Signed             M. A. Ashwood-Luck                        Signature witnessed by            C Robson DC

 


Witness Statement Page 195

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Marcia Anita ASHWOOD-LUCK

 

have to attend court and give evidence if required. I would like to add that whoever is delivering flowers would usually take a full load of flowers and only come back to either shop once or twice during the day.

 

Signed             M. A. Ashwood-Luck                        Signature witnessed by            C Robson DC

 


Witness Statement Page 196

 

Form MG 11(T)

 

STATEMENT OF                  Colin BUTLER

Age if under 21                       Over 21

 

Dated 20 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have assisted selling flowers, generally helping out, in Tudor Florists at 172 Tudor Drive, Kingston-upon-Thames, Surrey, for about the last four years. I also help out at Ashwood Florists, which is also owned by Mrs N. Ashwood-Luck, the owner of Tudor Florists. I have, today, been approached by DC Robson, from New Scotland Yard, who is investigating offences against the Official Secrets Act committed by a Michael John SMITH. She has asked me if I can remember whether or not I was working at the Tudor Drive Florists on the morning of Saturday 8th August 1992 and if a man wearing a purple T-shirt, blue jeans and blue canvas shoes asked me for directions to Cardinal Drive. I cannot remember specifically if I did help out in the shop that day, but I can say that I have never been asked for directions to Cardinal Drive. I understand that I may have to go to court and give evidence regarding this matter.

 

Signed             C. Butler                     Signature witnessed by            C Robson DC

 


Witness Statement Page 197

 

Form MG 11(T)

 

STATEMENT OF                  David WHEELER

Age if under 21                       Over 21

 

Dated 20 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am employed as a storeman for Albright Engineering, Red Lion Road, Surbiton, however, on most Saturdays for the last four years I have helped my wife out in her Saturday job at Tudor Florists, 172 Tudor Drive, Kingston Upon Thames, Surrey. Today, I have met with DC Robson from New Scotland Yard, who is investigating offences committed under the official Secrets Act by Michael John SMITH. I have been asked if I was helping out in the shop on the morning of Saturday, 8th August 1992, and if a man, Michael SMITH, dressed in a purple T shirt, blue jeans and blue canvas shoes came in and asked directions to Cardinal Drive, Kingston. I think I most probably was in the shop that morning, but I do not remember anyone asking for directions to Cardinal Drive. I’m sure I would remember-if anyone asked for that road, because it doesn’t exist in that area. I understood that I may have to attend court and give evidence.

 

Signed             D. Wheeler                  Signature witnessed by            Christine Robson DC

 


Witness Statement Page 198

 

Form MG 11(T)

 

STATEMENT OF                  Frederick Albert WHEELER

Age if under 21                       Over 21

 

Dated 22 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been retired for just over four years, however, to help my daughter-in-law, Susan WHEELER, I help to deliver flowers for Ashwood and Tudor Florists on an ad-hoc basis. Both shops are owned by Mrs Marcia ASHWOOD-LUCK. The Tudor Florists shop is at 172 Tudor Drive, Kingston-upon-Thames, however, I tend to deliver from the Ashwood Florist’s shop more often than not. I have met DC Robson from New Scotland Yard who is investigating offences committed against the Official Secrets Act by Michael John SMITH. I have been asked if I would have been working at the Tudor Florists on the morning of Saturday, 8th August 1992 and if I can remember a man dressed in a purple t-shirt, blue jeans and blue canvas shoes asking directions to Cardinal Drive. It is very unlikely that I would have been at Tudor Florists that morning as my son, David WHEELER, tends to help Susan on Saturday’s. To my recollection no-one has ever asked me for directions to Cardinal Drive. I do not know Michael John SMITH. I understand that I may have to attend court and give evidence.

 

Signed             F. A. Wheeler              Signature witnessed by            C Robson DC

 


Witness Statement Page 199

 

Form MG 11(T)

 

STATEMENT OF                  Stephen John BEELS

Age if under 21                       Over 21

 

Dated 4 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have examined exhibits RH/21, PMS/14 and RH/20, British passports issued to Michael John SMITH, born 22nd September 1948, in particular the entry and exit stamps, and visas, entered on the various passport pages. Exhibit RH/21, passport No. P498414 issued at Peterborough passport office on 6th July 1970 which expired on 6th July 1980, contains the following entry and exit stamps, and visas, which are discernible to me and which I have listed chronologically:

 

DATE

 

STAMP

LOCATION

20(?)-07-70

14-08-70

17-08-70

17-08-70

17-08-70

20-08-70

20-08-70

09-09-70

09-09-70

12-07-71

20-07-71

05-08-71

19-10-72

02-11-72

Entry

Entry

Exit

Visa

Entry

Exit

Entry

Exit

Entry

Entry

Entry

Exit

Entry

Exit

Ostend, Belgium

Bulgaria

Bulgaria

Turkey

Turkey

Turkey

Greece

Greece

Italy

Calais, France

Andorra

Madrid, Spain

Alicante, Spain

Alicante, Spain

 

Signed             S. Beels DS                 Signature witnessed by

 


Witness Statement Page 200

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Stephen BEELS

 

DATE

 

STAMP

LOCATION

27-07-73

01-09-73

15-09-73

16-08-74

21-06-76

19-08-76

26-08-76

Entry

Entry

Exit

Entry

Visa

Entry

Entry

Ostend, Belgium

Athens, Greece

Athens, Greece

Pula, Yugoslavia

U.S.A. visa issued London

Chicago, U.S.A.

Windsor, Canada

 

Exhibit PMS/14, passport No. 611898B issued at London passport office on 22nd July 1977 which expired on 22nd July 1987, contains the following entry and exit stamps which are discernible to me and which I have listed chronologically:

 

DATE

 

STAMP

LOCATION

11-08-77

11-08-77

13-08-77

20-09-78

21-09-78

21-07-79

08-06-80

24-06-80

07-09-86

Exit

Entry

Exit

Entry

Exit

Entry

Entry

Exit

Entry

Spain

Portugal

Portugal

Caia, Portugal

Caia, Portugal

Ibiza

Crete, Greece

Crete, Greece

Malaga, Spain

 

Exhibit RH/20, passport No. 516314L issued at Newport passport office on 2nd June 1988 which expires on 2nd June 1998, contains the following entry and exit stamps which are discernible to me and which I have listed chronologically:

 

DATE

 

STAMP

LOCATION

10-09-88

24-09-88

Entry

Exit

Sevilla, Spain

Sevilla, Spain

 

Signed             S. Beels DS                 Signature witnessed by

 


Witness Statement Page 201

 

Form MG 11(T)

 

STATEMENT OF                  Judith Elizabeth RUSHTON

Age if under 21                       Over 21

 

Dated 29 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a personnel assistant for Eli Lilly and Company, a pharmaceutical manufacturers with whom I have worked for two years. I have today met with Detective Constable Christine Robson regarding Michael John SMITH who, I have been informed, has been charged with offences under the Official Secrets Act. SMITH was due to begin employment with our company on the 10th August 1992, as a Temporary Procedures Writer, the anticipated duration of his employment was to November 1992, although this could have been extended. SMITH’s C.V. was faxed to us on the 17th June 1992 by Lab Staff Ltd, an employment agency, I now refer to this fax as JER/1. I am also in possession of a letter of confirmation of employment from Lab Staff Ltd dated 24th July 1992, setting out SMITH’s contract with us, I now refer to this as JER/2. I have been asked to retain both originals of these exhibits pending court proceedings. I understand that I may have to attend court and give evidence.

 

Signed             Judy E. Rushton                     Signature witnessed by            C Robson DC

 


Witness Statement Page 202

 

Form MG 11(T)

 

STATEMENT OF                  James Edward SYKES

Age if under 21                       47

 

Dated 21 April 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have today spoken with Detective Sergeant BEELS from New Scotland Yard regarding a Michael John SMITH who I have been informed has been charged with offences under the Official Secrets Act. I am Advisor of Pharmaceutical Training for Lilly Industries. I have examined my records and can confirm that a Michael J. SMITH attended two introductory G.M.P. (Good Management Practice) programmes on Thursday 6th August 1992. The two courses are entitled ‘GMP For New Employees’ and ‘You’ll Soon Feel Better’. These courses are held at our training rooms at Lilly Industries, Kingsclere Road, Basingstoke, Hants. The courses on that day commenced at 9am and ended at 12 noon. I can confirm that Michael J. SMITH was to be employed as a Procedures Writer and would have been working for Mr Robbie BOOTH. Each employee would be required to enter his name before each course on a GMP attendance form. I am in possession of two GMP attendance forms for the two above-mentioned courses and can confirm that the name Michael J. SMITH is entered on them. I refer to ‘GMP Attendance Form (GMP For New Employees) dated 5th August 1992’ as exhibit JES/1. I refer to ‘GMP Attendance Form

 

Signed             J. E. Sykes                   Signature witnessed by            S. Beels D/S

 


Witness Statement Page 203

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    James Edward SYKES

 

(You’ll Soon Feel Better)’ as exhibit JES/2. This second form was also dated 5th August 1992. Although both forms are dated 5.8.92 I have examined my business diary and can confirm that the relevant courses in fact took place on 6th August, 1992, a Thursday. I have photocopied the relevant page (6.8.92) from my diary and now refer to this as exhibit JES/3. JES/1 and JES/2 are also photocopies and were photocopied by myself. I have been requested to retain the originals of all three exhibits pending future court proceedings. I can recall hearing of Michael SMITH being arrested over the following weekend probably on the radio or television. It was on the following Tuesday that I was informed that it was the same gentleman who was meant to commence employment with us.

 

Signed             J. E. Sykes                   Signature witnessed by            S. Beels D/S

 


Witness Statement Page 204

 

Form MG 11(T)

 

STATEMENT OF                  Raymond WRIGHT

Age if under 21                       Over 21

 

Dated 29 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am Security Manager for Eli Lilly and Company, pharmaceutical manufacturers with whom I have worked for almost 30 years. I have met with Detective Constable Robson from New Scotland Yard regarding Michael John SMITH who, I have been informed, has been charged with offences under the Official Secrets Act. I can confirm that at no time did Eli Lilly & Co. place SMITH or his address at 48A Burton Road, Kingston-upon-Thames, under any form of surveillance prior to the 8th August 1992.

 

Signed             R. Wright                    Signature witnessed by            C Robson DC

 


Witness Statement Page 205

 

Form MG 11(T)

 

STATEMENT OF                  Martin Charles GRAY

Age if under 21                       Over 21

 

Dated 21 April 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a Detective Chief Inspector attached to Metropolitan Police Special Branch at New Scotland Yard. Special Branch did not place Michael John SMITH or his home address at 48A Burton Road, Kingston-Upon-Thames, Surrey, under surveillance prior to his arrest on 8th August 1992.

 

Signed             M. Gray                       Signature witnessed by

 


Witness Statement Page 206

 

Form MG 11(T)

 

STATEMENT OF                  Stephen John BEELS (Detective Sergeant)

Age if under 21                       Over 21

 

Dated 4 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have examined exhibit MN/13, a GEC Hirst Research Centre Audit Schedule, and identified from the initials MJS appearing under the heading Auditors those audit areas in which Michael John SMITH was the auditor, alone or with another. I produce this chronological list for the period 24th April 1986 to 23rd July 1992 as exhibit SJB/44.

 

Signed             S. Beels DS                 Signature witnessed by

 


Witness Statement Page 207

 

Form MG 11(T)

 

STATEMENT OF                  Dr. Steven Langford CUNDY

Age if under 21                       Over 21

 

Dated 26 April 1993

 

This statement, (consisting of   14   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been asked to provide evidence that GEC Hirst Research Centre is a prohibited place within the meaning of the Official Secrets Act. I am not aware that the Ministry of Defence or Her Majesty’s Government issue certificates to confirm such a status. However, my belief that HRC is a prohibited place, and has been for many years, is based on the following facts: (a) A reading of the OSA Section 3(b). HRC has sketches, models, plans and documents relating to the repair, manufacture and development of munitions of war where the ultimate customer, through chains of subcontractors, is MoD. (b) HRC has direct contacts with various establishments of the Defence Research Agency who may be managing MoD’s extra-mural research procurement or who may be procuring components, subsystems or information directly for their own work on behalf of the MoD. (c) HRC has a Security Adviser appointed by MoD to oversee the implementation of security related procedures in its work, (d) HRC has had, almost certainly at any point in time, at least one contract from the MoD which was classified in accordance with security procedures. Such classification identifies material which the MoD regards as sensitive and which, by definition, confirms that some contracts relate to munitions of war. I have been asked to comment about the classification of documents held at HRC and to discuss the fact that not all documents, rightly regarded as sketches, plans, or information relating to munitions of war, bear the security classification appropriate to the final munition of war. The Rapier air defence missile system almost certainly is a classified system, yet Cossor delivered blueprints to HRC for the manufacture of a component of the Rapier

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 208

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

system that were not classified and HRC created related documentation, to enable that manufacture, which was not classified.  Such occurrences are normal and are encouraged by MoD. They form an essential demonstration of the ‘need to know’ principle by minimising the number of people who have complete knowledge about a system. ‘Freeing up’ the manufacturing chain, so that relatively lowly tasks are not encumbered by draconian security precautions, ensures secrecy of ultimate use by requiring people in the chain to recognise (or be told) what is sensitive and structure the next lower level tasks in a way which does not reveal the sensitive information. If every task bore the classification of the ultimate objective then the manufacture of certain nuts and bolts would be ‘top secret’. The objective is to stop that reductio ad absurdum and reduce the number of people who have access to classified information to an absolute minimum. Note that even I cannot assert that the Rapier system is classified; I can only surmise that is the case. I have been asked to comment on the suggestion that the Rapier documentation found in Smith’s possession might have been the result of some hasty clearing by him of his place of work. This is an unbelievable assertion. The sheer bulk of the documentation including folded blueprints, which do not sit easily in a pile of A4 size paper, makes it beyond belief that the removal of documentation was a ghastly error. Moreover, the documentation was removed from a filing cabinet to which Mr Smith did not have or need regular access although the filing cabinet was in the shared office that Mr Smith ended up occupying alone. Associated with the above suggestion I have been asked to comment whether Mr Smith left HRC in haste. This is certainly not the case. As is our normal practice in cases of redundancy, Mr Smith had consultation with his immediate superior and the Personnel Manager prior to the issue of a formal letter declaring the redundancy and was permitted to work out his statutory notice period of at least 4 weeks before the redundancy took effect. He was paid for work for the month of July and redundancy payment by cheque was sent on 31st July to his home address. Detective Sergeant Beels has shown me Smith’s personnel file at HRC, marked MN/9, which contains a copy of a letter dated May 29 1992 from the HRC

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 209

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Personnel Manager to Mr Smith formally confirming his position as Quality Audit Manager redundant and his last working day at HRC as 31st July 1992. There was certainly enough time between the declaration of a leaving date and that date for a collection for a leaving present to be organised and a departmental party to be arranged. This was not a hasty departure. Detective Sergeant Beels has shown me completed time-sheets, marked SLC/1, for Quality Assurance Unit personnel at HRC, including Mr Smith, covering the period 1st April 1990 to 31st July 1992. The time-sheet for 30th July 1992 shows that Mr Smith signed in at 9.20am and out at 12.28pm and the one for 31st July 1992 shows he signed in at 9.27am although no leaving time is entered. Detective Sergeant Beels has shown me an Audit Schedule list at 30th July 1992, marked MN/13. He has asked me to examine a chronological sequence of reports issued by the Q.A. department (marked SJB/44), drawn up by Special Branch from MN/13, relating to audits undertaken by M.J. Smith either alone or with another auditor. I have identified each report by its report number and commented on the military sensitivities in the relevant areas. My commenting system consists of: Y (Yes) - Known military contracts in the area. Contracts visible. P (Part) -Known military subcontract work in the area, often surrounded by similar work not of military significance, but contract chain well disguised. N (No) - No known military contract subcontract work in the area.

 

Report

number

Date

Audit Area

Sensitivity

636.01

633.01

631.01

635.01

628.01

628.02

628.03

629.01

627.01

23.7.92

18.6.92

11.6.92

9.6.92

21.5.92

21.5.92

21.5.92

19.5.92

14.5.92

Optical Spectroscopy

Photonics Division Blue Book Review

Micro Machining

Biosensors

Vacuum Micro Electronics Test Area

Vacuum Micro Electronics Test Area

Vacuum Micro Electronics Test Area

Analytical  Chemistry

Millimetre Wave

P

Y

P

P

Y

Y

Y

P

P

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 210

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

9203.01

9203.02

626.01

625.01

621.01

621.02

621.03

619.01

618.01

620.01

620.02

617.01

616.01

615.01

614.01

614.02

613.01

612.02

612.01

609.01

608.01

607.01

607.02

9201.01

606.01

605.01

604.01

603.01

8.5.92

8.5.92

7.5.92

30.4.92

15.4.92

15.4.92

15.4.92

15.4.92

15.4.92

14.4.92

14.4.92           

9.4.92

9.4.92

9.4.92

2.4.92

2.4.92

2.4.92

26.3.92

26.3.92

20.2.92

13.2.92

13.2.92

13.2.92

31.1.92

23.1.92

17. 1.92

17.1.92           

13.1.92

Display & Optical Research Lab (SC)

Display & Optical Research Lab (SC)

Quality Support Environ Montrng

Systems Theory

Safety

Safety

Safety

Goods Inwards Despatch

Stores

Personnel & Training

Personnel & Training

Polymer Technology

Vacuum Micro Electronics

Electronics (Liquid Cryst)

Calibration System

Calibration System

Metallurgical Services

Deviation Report System

Deviation Report System

Crystallography

Thick Film Unit

Lighting

Lighting

Quality Assurance Unit

Crystal Growth

Photonics Division Blue Book Review

Purchasing

Metallurgical Technology

Y

Y

N

P

N

N

N

N

N

N

N

Y

Y

N

N

N

P

N

N

P

Y

P

P

N

Y

Y

N

P

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 211

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

602.01

602.02

9112.01

600.01

9111.01

599.01

598.01

597.01

596.01

596.02

595.01

594.01

593.01

590.01

590.02

588.01

586.01

9110.01

9110.02

584.01

582.01

583.01

583.02

581.01

580.01

580.02

580.03

9108.01

9.1.92

9.1.92

19.12.91

18.12.91

11.12.91

11.12.91

10.12.91

10.12.91

5.12.91

5.12.91

5.12.91

22.11.91

21.11.91

12.11.91

12.11.91

7.11.91

6.11.91

29.10.91

29.10.91

11.10.91

9.10.91

7.10.91

7.10.91

4.10.91

4.10.91

4.10.91

4.10.91

24.9.91

IC Assembly

IC Assembly

Device Applications Lab

Applications Group

LAN Analyser

Design Office Operating System

Special Projects

BAW Delay Lines

Metallurgical Services Meniscograph

Metallurgical Services Meniscograph

TACAN repairs

Electrochemistry Group

Software Control QDA DC 158

LCD Supermarket Displays

LCD Supermarket Displays

Olfactory Research Project

Device Failure Analysis

Chemistry & Materials FAB LAB (MB)

Chemistry & Materials FAB LAB (MB)

Laser Testing

Holography and Backplanes

RP004 236

RP004 236

Quality Doc Operating Procedure

Information Services Division

Information Services Division

Information Services Division

Long Range Research Lab (LR)

P

P

Y

P

N

P

P

Y

N

N

Y

P

Y

N

N

P

P

P

P

Y

N

Y

Y

N

N

N

N

P

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 212

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

573.01

573.02

573.03

572.01

571.00

574.01

569.01

569.02

569.03

569.04

568.01

567.01

566.01

9105.01

565.01

564.01

563.01

562.01

561.01

561.02

561.03

561.04

560.01

560.02

560.03

559.01

9103.01

558.01

553.01

29.8.91

29.8.91

29.8.91

28.8.91

28.8.91

20.8.91

19.8.91

19.8.91

19.8.91

19.8.91

15.8.91

15.8.91

14.8.91

13.8.91

13.8.91

12.8.91

6.8.91

31.7.91

31.7.91

31.7.91

31.7.91

31.7.91

26.7.91

26.7.91

26.7.91

25.7.91

24.7.91

16.7.91           

26.6.91

Gamma Calibrators

Gamma Calibrators

Gamma Calibrators

Active Matrix Group

Picker Hammersmith Group

Image Processing Group

Chemical Services Gases & Chems

Chemical Services Gases & Chems

Chemical Services Gases & Chems

Chemical Services Gases & Chems

Applied Chemistry

Superlattices

Silicon Group

Telecomms Local Systems Lab (TL)

Speech Processing Group

Computer Vision & Perception

Accounts

Engineering Workshop

Applied Chemistry Battery Test

Applied Chemistry Battery Test

Applied Chemistry Battery Test

Applied Chemistry Battery Test

Product Safety

Product Safety

Product Safety

Optical Spectroscopy

Telecomms Systems Integration Dept (TS)

Oscilloscope Maintenance

ESD Precautions

Y

Y

Y

Y

N

P

N

N

N

N

P

P

Y

N

P

P

N

P

Y

Y

Y

Y

N

N

N

P

Y

N

N

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 213

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

553.02

552.00

9101.01

550.01

550.02

550.03

550.04

550.05

550.06

550.07

549.01

547.01

547.02

545.01

545.02

539.01

539.02

539.03

538.01

538.02

537.01

537.02

536.01

535.01

533.01

533.02

533.03

26.6.91

11.6.91

7.6.91

17.5.91

17.5.91

17.5.91

17.5.91

17.5.91

17.5.91

17.5.91

16.5.91

15.5.91

15.5.91

18.4.91

18.4.91

9.4.91

9.4.91

9.4.91

19.3.91

19.3.91

19.3.91

19.3.91

14.3.91

14.3.91

13.3.91

13.3.91

13.3.91

ESD Precautions

Test & Inspection

Signal Processing Systems Lab (IP)

Central Computing Unit

Central Computing Unit

Central Computing Unit

Central Computing Unit

Central Computing Unit

Central Computing Unit

Central Computing Unit

High Temp Superconducting Devices Div

CPNS

CPNS

Polymer Technology

Polymer Technology

Large Area Micro Electronics Division

Large Area Micro Electronics Division

Large Area Micro Electronics Division

Top Management Quality System

Top Management Quality System

Liquid Crystal Devices Division

Liquid Crystal Devices Division

Evaluation of CFC Alternatives

Image Intensifiers H002056323

Biosensors

Biosensors

Biosensors

N

P

P

P

P

P

P

P

P

P

Y

N

N

Y

Y

Y

Y

Y

N

N

P

P

N

Y

P

P

P

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 214

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

532-01

531.01

531.02

531.03

531.04

531.05

529.01

530.01

528.01

528.02

528.03

527.01

526.01

525.01

522.01

522.02

522.03

522.04

520.01

519.01

519.02

524.01

524.02

524.03

518.01

517.01

516.01

516.02

12.3.91

8.3.91

8.3.91

8.3.91

8.3.91

8.3.91

7.3.91

6.3.91

5.3.91

5.3.91

5.3.91

4.3.91

20.2.91

8.2.91

29.1.91

29.1.91

29.1.91

29.1.91

24.1.91

23.1.91

23.1.91

22.1.91

22.1.91

22.1.91

18.1.91

17.1.91

17.1.91

17.1.91

Micro Machining

SBE & AM Assembly Group

SBE & AM Assembly Group

SBE & AM Assembly Group

SBE & AM Assembly Group

SBE & AM Assembly Group

Goods Inward Despatch

Vacuum Micro Electronics Test Area

Deviation Report System

Deviation Report System

Deviation Report System

Metallurgical Services

Safety

Crystallography

Calibration System

Calibration System

Calibration System

Calibration System

Laboratory General System (DAL)

Site Engineer

Site Engineer

Vacuum Micro Electronics Processing

Vacuum Micro Electronics Processing

Vacuum Micro Electronics Processing

Personnel & Training

Stores

Crystal Growth

Crystal Growth

P

Y

Y

Y

Y

Y

N

Y

N

N

N

P

N

Y

N

N

N

N

Y

N

N

Y

Y

Y

N

N

Y

Y

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 215

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

516.03

513.01

513.02

513.03

513.04

513.05

513.06

509.01

511.01

512.01

510.01

508.01

506.01

506.02

504.01

504.02

503.01

507.01

505.01

505.02

505.03

501.01

501.02

501.03

501.04

501.05

500.01

499.01

17.1.91

3.1.91

3.1.91

3.1.91

3.1.91

3.1.91

3.1.91

18.12.90

18.12.90

13.12.90

13.12.90

3.12.90

29.11.90

29.11.90

29.11.90

29.11.90

29.11.90

28.11.90

27.11.90

27.11.90

27.11.90

13.11.90

13.11.90

13.11.90

13.11.90

13.11.90

13.11.90

8.11.90

Crystal Growth

Systems Theory

Systems Theory

Systems Theory

Systems Theory

Systems Theory

Systems Theory

IC Assembly

AMSYS

Vacuum Micro Electronics

GPT Proposal 90108

Lighting

Quality Support Inspection Procs

Quality Support Inspection Procs

Materials Processing Dept

Materials Processing Dept (DAL)

Trident X Ray Orientation

Purchasing

Electro Chemistry Group

Electro Chemistry Group

Electro Chemistry Group

BAW Delay Lines

BAW Delay Lines

BAW Delay Lines

BAW Delay Lines

BAW Delay Lines

Software Control QDA DC 158 (DAL)

Design Office Operating System

Y

P

P

P

P

P

P

P

P

Y

N

P

N

N

Y

Y

Y

N

P

P

P

Y

Y

Y

Y

Y

Y

P

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 216

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

499.02

499.03

498.01

496.01

496.02

497.01

495.01

494.01

494.02

494.03

494.04

486.01

486.02

486.03

484.01

481.01

480.01

480.02

480.03

482.01

482.02

482.03

482.04

482.05

479.01

479.02

479.03

479.04

8.11.90

8.11.90

8.11.90

1.11.90

1.11.90

19.10.90

15.10.90

9.10.90

9.10.90

9.10.90

9.10.90

29.8.90

29.8.90

29.8.90

10.8.90

8.8.90

7.8.90

7.8.90

7.8.90

3.8.90

3.8.90

3.8.90

3.8.90

3.8.90

25.7.90

25.7.90

25.7.90

25.7.90

Design Office Operating System

Design Office Operating System

Metallurgical Technology

TACAN Repairs

TACAN Repairs

Management System (EEV)

AB Dick Contract CB46015

Device Failure Analysis

Device Failure Analysis

Device Failure Analysis

Device Failure Analysis

GPT Proposal 90301

GPT Proposal 90301

GPT Proposal 90301

Photography

Applications Group

Laser Systems

Laser Systems

Laser Systems

Quality Doc Operating Procedure

Quality Doc Operating Procedure

Quality Doc Operating Procedure

Quality Doc Operating Procedure

Quality Doc Operating Procedure

Chemical Services Gases & Chems

Chemical Services Gases & Chems

Chemical Services Gases & Chems

Chemical Services Gases & Chems

P

P

P

Y

Y

Y

N

P

P

P

P

N

N

N

N

P

Y

Y

Y

N

N

N

N

N

N

N

N

N

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 217

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

478.01

474.01

474.02

474.03

474.04

474.05

474.06

473.01

472.01

470.01

470.02

470.03

470.04

470.05

468.02

468.01

467.01

467.02

467.03

466.01

465.01

465.02

464.01

463.01

463.02

463.03

463.04

463.05

25.7.90

3.7.90

3.7.90

3.7.90

3.7.90

3.7.90

3.7.90

2.7.90

22.6.90

21.6.90

21.6.90

21.6.90

21.6.90

21.6.90

31.5.90

31.5.90

31.5.90

31.5.90

31.5.90

24.5.90

24.5.90

24.5.90

21.5.90

9.5.90

9.5.90

9.5.90

9.5.90

9.5.90

Engineering Workshop

Metallurgical Services Meniscograph

Metallurgical Services Meniscograph

Metallurgical Services Meniscograph

Metallurgical Services Meniscograph

Metallurgical Services Meniscograph

Metallurgical Services Meniscograph

Digital Optical Systems

Speech Processing Group

Glass Fabrication

Glass Fabrication

Glass Fabrication

Glass Fabrication

Glass Fabrication

Image Processing Group

Image Processing Group

Thick Film Unit

Thick Film Unit

Thick Film Unit

Optical Spectroscopy

Applied Chemistry

Applied Chemistry

EBMF Facility General System

Picker Hammersmith Group

Picker Hammersmith Group

Picker Hammersmith Group

Picker Hammersmith Group

Picker Hammersmith Group

P

N

N

N

N

N

N

N

P

N

N

N

N

N

P

P

Y

Y

Y

P

P

P

Y

N

N

N

N

N

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 218

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

462.01

461.01

460.01

460.02

460.03

460.04

459.01

459.02

459.03

455.01

451.01

451.02

450.01

450.02

450.03

447.01

447.02

446.01

446.02

446.03

445.01

445.02

445.03

445.04

444.01

443.01

443.02

443.03

2.5.90

30.4.90

30.4.90

30.4.90

30.4.90

30.4.90

24.4.90

24.4.90

24.4.90

5.4.90

20.3.90

20.3.90

8.3.90

8.3.90

8.3.90

1.3.90

1.3.90

26.2.90

26.2.90

26.2.90

22.2.90

22.2.90

22.2.90

22.2.90

16.2.90

16.2.90

16.2.90

16.2.90

Laser Interactions GP OPT MATS ASS

Quality Support Environ Montrng

Plasma Deposition

Plasma Deposition

Plasma Deposition

Plasma Deposition

Analytical Chemistry

Analytical Chemistry

Analytical Chemistry

Fibre & I/O Devices

Laser Energy Meters

Laser Energy Meters

Polymer Technology

Polymer Technology

Polymer Technology

Deviation Report System

Deviation Report System

Metallurgical Services

Metallurgical Services

Metallurgical Services

Molecular Beam Epitaxy

Molecular Beam Epitaxy

Molecular Beam Epitaxy

Molecular Beam Epitaxy

Superlattices

Accounts

Accounts

Accounts

Y

N

Y

Y

Y

Y

P

P

P

N

P

P

Y

Y

Y

N

N

P

P

P

Y

Y

Y

Y

P

N

N

N

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 219

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

Report

number

Date

Audit Area

Sensitivity

440.01

440.02

439.01

439.02

439.03

438.01

437.01

437.02

436.01

436.02

435.01

434.01

433.01

433.02

433.03

432.01

428.03

428.02

428.01

31.1.90

31.1.90

31.1.90

31.1.90

31.1.90

30.1.90

29.1.90

29.1.90

24.1.90

24.1.90

24.1.90           

22.1.90

19.1.90

19.1.90

19.1.90

19.1.90           

11.1.90

11.1.90

11.1.90

Goods Inwards Despatch

Goods Inwards Despatch

Stores

Stores

Stores

Crystal Growth

Data Communications Group

Data Communications Group

Crystallography

Crystallography

Top Management Quality System

Device Physics & Circuits

Systems Integration Group

Systems Integration Group

Systems Integration Group

LANS Group

Calibration System

Calibration System

Calibration System

N

N

N

N

N

Y

N

N

P

P

N

P

P

P

P

N

N

N

N

 

The audit report schedule provides a clear insight to the type of work undertaken at HRC. Some of that work is classified, some relates directly to military systems and much is of a dual purpose - the technology is applicable to both military and civil markets. The knowledge that certain military related operations are carried out at HRC must be of use to an enemy of the State since that knowledge forms part of an overall picture of the procurement and assembly of military related material. Whilst the audit schedule per se might appear innocuous there are overt references to military hardware (Trident, CMT, Tacan, Image Intensifiers, Gamma calibrators) and so the list itself must be regarded as sensitive. I was asked to comment on

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 220

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Steven Langford CUNDY

 

whether Mr Smith would have recognised the documentation found in his possession relating to an F-band delay line as being part of the Rapier missile system. Mr Smith was personally involved in the audits of procedures and schedules in the relevant production area (Bulk Acoustic Wave Delay Lines). All documentation carries a NATO type number identifying the device as a military device. Amongst those with a need to know at HRC - the manufacturing staff and Q.A. personnel - the F-band delay line was colloquially referred to as the Rapier delay line. Mr Smith had a need to know as part of his job and therefore it is certain he was aware of the military significance and that the device and documentation related to Rapier.

 

Signed             S. L. Cundy                Signature witnessed by            S. Beels D/S

 


Witness Statement Page 221

 

Statement of Witness (C.J Act, 1967, S.9; M.C. Act, 1980, S.102; M.C. Rules, 1981, r.70)

 

STATEMENT OF                              Dennis Geoffrey BARLOW

Age of Witness (date of birth)            44 (3 March 1949)

Occupation of Witness                       Quality Manager

 

Dated 14 August 1992

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Today, Friday 14th August 1992, at the Hirst Research Centre, East Lane, Wembley, Middlesex, I handed DI Nicolson a yellow folder containing sixteen sheets of paper stapled together, left for me by Mike Smith on the last day of his employment at the Hirst Research Centre. The contents represent the type of draft document normally compiled by Mike Smith. I also handed to DI Nicolson an audit schedule report dated 30 July 1992. This summarises all audit activities of Quality Assurance Staff of the HRC. The column headed “auditors” indicates by initials the persons who visited the indicated audit area (identified under “AUDAREA”) and who performed the quality audit. The initials “MJS” refer only to Mike Smith, i.e. Michael John Smith. I should emphasise that the above mentioned draft document is typical of what I’d expect to be produced by members of my staff. This contrasts with the documents shown to me previously by DI Nicolson.

 

Signed             D. G. Barlow  Signature witnessed by            M. Nicolson DI

 

No. 991A

 


Witness Statement Page 222

 

Form MG 11(T)

 

STATEMENT OF                  Martin MORRISSEY (Detective Inspector)

Age if under 21                       Over 21

 

Dated 19 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of the 8th. January 1993 I have re-examined the exhibit JS/44 a handwritten note recovered from Michael John SMITH’s house. I have previously produced a typewritten transcript of my reading of this note MSM/5. I consider that the word on the second line on the left hand side of the note is “redundancies”, NOT “redundant”. I have re-drafted a typewritten transcript of this which I produce as exhibit MSM/6.

 

Signed             Martin Morrissey DI               Signature witnessed by

 


Witness Statement Page 223

 

Form MG 11(T)

 

STATEMENT OF                  Andrew WALSH (Detective Sergeant)

Age if under 21                       Over 21

 

Dated 25 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have extracted pages 45 and 54 from the Greater London Street Atlas, published jointly by Geographia Ltd. and the Automobile Association, and joined these pages together to show an area of North West London, North from the Western Avenue to Harrow-on-the-Hill and West from Wembley to South Harrow. The map is drawn on a scale of 3.17 inches to 1 mile. On the map I have affixed eight labels to indicate ‘A’ - GEC Hirst Research Centre; ‘B’ - Harrow-on-the-Hill Underground/BR Station; ‘C’ - Church Hill, Harrow-on-the-Hill; ‘D’ - South Harrow Underground Station; ‘E’ - Roxeth Recreation Ground; ‘F’ - Horsenden Hill; ‘G’ - Perivale Underground Station and ‘H’ - Sudbury Town Underground Station. I produce this map as Exhibit AW/7.

 

Signed             A. Walsh DS               Signature witnessed by

 


Witness Statement Page 224

 

Form MG 11(T)

 

STATEMENT OF                  Robert Felix Treharne RICHARDS

Age if under 21                       Over 21

 

Dated 19 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Wednesday 19th May at 10.30am I went to the Map Centre, Caxton Street, SW1 where I purchased a map (retained in my possession) entitled “Premier Map London” ISBN Number 0 85039-019-2. I took this map to the ‘Xerox Centre’ Buckingham Gate SW1 where I obtained a blown up A4 copy of a section of the map covering W14 and W8 areas of London. This I produce as exhibit RR/4. I have affixed 3 labels to the exhibit, (A) indicates a Russian residency, (B) Abbotsbury Road, Junction with Melbury Road and (C) Russian Embassy.

 

Signed             Robert Richards                      Signature witnessed by

 


Witness Statement Page 225

 

Form MG 11(T)

 

STATEMENT OF                  Robert Felix Treharne RICHARDS

Age if under 21                       Over 21

 

Dated 19 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Wednesday 19 May, I went to the Foreign and Commonwealth Office, Protocol Department at Horseguards Parade. There I was given copies of extracts from the London Diplomatic lists from the years 1972 to 1979 inclusive. These I compared to the original documents, held by the Foreign and Commonwealth Office, and found them to be a fair copy. On reading the copies, I found the following entries:

1972 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1973 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1974 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1975 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1976 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1977 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1978 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

1979 “Monsieur Victor A. OSHCHENKO M. 3rd Secretary, 43 Holland Park, W11”.

I took all of these copies into my possession and produce them as exhibit RR/5.

 

Signed             Robert Richards DC               Signature witnessed by

 


Witness Statement Page 226

 

Form MG 11(T)

 

STATEMENT OF                  Malcolm MacLEOD (Detective Chief Superintendent)

Age if under 21                       Over 21

 

Dated 27 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Monday, 22 February 1993 at 2.30 pm I visited a building in Central London which is occupied by the Security Service where I was introduced to a man whom I now know to be Victor OSHCHENKO. He was the same man as the one in the photograph, Exhibit MM/1, which I showed to Michael John SMITH at Paddington Green Police Station on Saturday, 8th August 1992. Although the photograph had been taken some years earlier and he had aged in the intervening years, he still bore a reasonable resemblance to the photograph.

 

Signed             M. MacLeod DCS                  Signature witnessed by

 


Witness Statement Page 227

 

Form MG 11(T)

 

STATEMENT OF                  Oleg GORDIEVSKY

Age if under 21                       Over 21

 

Dated 26 May 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have been asked to expand upon my career in the KGB. On 1st August 1962 I joined, at the age of 23, as a Lieutenant. I was trained at the special KGB training facility just outside Moscow then known as School Number 101. I was trained as an Intelligence Officer and the training lasted 10 months. In August 1963 I joined the Headquarters Department, the First Chief Directorate of the KGB, responsible for all aspects of intelligence abroad. I started in the department called Second Department of the Directorate ‘S’ of the First Chief Directorate, responsible for the training and running of so called “illegals”. Because “illegals” need to have a very good grasp of tradecraft, through this work I became more familiar with such elements of tradecraft as dead letter boxes, signal sites, meeting places and secret communication than other officers of the KGB. In practice, Directorate ‘S’ led the KGB in the development of these aspects of tradecraft which were used throughout the rest of the KGB. In January 1966 I had been promoted to Senior Lieutenant and I went to Denmark under the cover of Attaché to the Soviet Embassy in Copenhagen responsible for consular affairs. As to the KGB my real task was to look for Scandinavian and other western identities for illegals and clandestinely to meet the KGB illegals in Denmark. During this time I spent many many days looking for signal sites, dead letter boxes and meeting places to report back to Headquarters in Moscow. I was promoted to 3rd Secretary at the Embassy, while for the KGB I became a Captain in about 1968. I returned to Moscow in the last days of December 1969. I returned to the same department still dealing with illegals and their tradecraft for 2½ years. In the summer of 1972 I was

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 228

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg GORDIEVSKY

 

transferred to the 3rd Department of the First Chief Directorate, responsible for the organisation of political espionage and all administrative matters at the KGB stations in Great Britain, Ireland, Australia, New Zealand, Scandinavia and Finland. Political espionage involves penetrating the Government and seeking information on foreign, military and domestic policy. In October 1972 I was posted again to Copenhagen with the entirely different function of engaging in political espionage, again using tradecraft with KGB agents and other contacts. In 1974 I was appointed Head of the Political Section of the KGB station in Copenhagen. I was appointed Deputy Resident or Deputy Head of Station, and during this time I was promoted Major and then Lieutenant Colonel. In 1974 I got in touch with British Intelligence and started regular clandestine co-operation with them in 1975. As Head of Section and Deputy Head of Station I was responsible for using tradecraft myself and also training and supervising the use of tradecraft by my subordinates, of whom there were five. I returned to Moscow and spent four more years in the 3rd Department doing operational and administrative work. I was also seconded to School Number 101, then the Andropov Institute, helping in the writing of some of the manuals of tradecraft. In 1981 I was transferred from the Scandinavian side of the 3rd Department to the British side. I was then able to read a number of files which gave me information about the traditions and experience of the KGB in Britain. In June 1982 I was posted to London under the cover position of Counsellor of the Embassy, responsible for contact with political parties. My real work was political espionage along the same lines as in Copenhagen. After some time I became Deputy Resident, Head of Political Section as in Copenhagen. In 1984 and 1985 for periods of time I was acting Resident. In February 1985 I was promoted to the rank of Colonel. On Sunday 19th May 1985 I returned to Moscow and effectively my KGB career was over. I have been asked about the photograph of the Ballot Box Public House which appears in my book KGB: Instructions From The Centre. I specifically remember this matter because it was an operation I was personally involved in on Saturday 18th May 1985. I had to deliver money in a clandestine manner to an “illegal” and as part of the signalisation he had to place

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 229

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Oleg GORDIEVSKY

 

chewing gum on a bollard in Horsenden Lane near this public house. During my time in Britain I often met with Line-X KGB officers at the Russian Trade Delegation in Highgate Hill and they would discuss how operations had gone and the planning of future operations. I often heard them refer to the areas West of Wembley, Harrow, Sudbury and Perivale. I recall one specific occasion as acting Resident where I had long discussions with the acting Head of Line-X about an operation to be conducted in that very area. As I have said Line-X were responsible for collecting intelligence about science and technology.

 

Signed             O. Gordievsky                        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 230

 

Form MG 11(T)

 

STATEMENT OF                  Dennis Geoffrey BARLOW

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   5   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I graduated from Imperial College, London, with an honours degree in 1969. I am a Fellow of the Institute of Quality Assurance, Chairman of their London North West branch and a member of the Eastern Region Advisory Committee. I am a registered lead assessor, and accredited trainer and examiner of quality system assessors and auditors. My vocational training includes a 3 week Quality Management Course at Portsmouth Management College (1974); a 3 week GEC General Management Programme (1986); a 5 day Quality Auditing Course with Gilbert Associates (1989). My current employment with GEC began in April 1984 when I became Quality Assurance Development Manager with specific responsibilities for devising and implementing a formal quality programme for the silicon integrated circuit R & D facility, and for ensuring effective liaison on quality matters with Marconi Electronic Devices Ltd, Lincoln. In 1985, I assumed responsibility for quality assurance of all activities at the HRC. We achieved the first registration of an industrial R & D organisation to AQAP1, the highest level of NATO quality system approval. I was responsible for the introduction and management of a comprehensive computer-aided manufacturing and engineering capability for process control purposes. In 1985, I formed and chaired a GEC company-wide quality improvement group. I am currently Chairman of the GEC Quality Technology Exchange Group. This body co-ordinates the quality activities of specialist groups and various GEC Quality Councils. I provide quality consultancy and audit various GEC companies. My previous employment was with Northern Telecom in Canada and the USA as Group Director of Quality, and this was in a similar

 

Signed             D. G. Barlow              Signature witnessed by            M Nicolson DI

 


Witness Statement Page 231

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

capacity to my current employment. Between 1969 and 1980, I was employed by the Plessey Company at their central R & D establishment, again in the role of quality management for the majority of my employment. At the HRC, the role of the Quality Assurance department is to ensure that order and contract requirements are satisfied by a systematic management system. Documentation of this system is filed in areas of use and in a central QA library. Although most areas within the HRC have open access to all staff, all sensitive information is locked away. In particular, classified information is issued to individual members of staff on a need to know basis, and MOD issue secure filing cabinets are used to store such documents. The issue, withdrawal and copying of such documents is centrally controlled by the HRC Registry, and records are maintained. Whenever classified documents are withdrawn from the QA MOD secure cabinet, the person using the document signs a book to indicate they have the document, and the same book is signed when the document is returned. The user of the document is responsible for ensuring the information is used on a “need to know” basis, and as the clearance levels of individuals are not generally known, “need to know” is established by discussion with the Project Manager and QA  Manager and Site Security Officer. Unless a member of the QA department is involved with certifying a product or service against a classified document, they would not have a “need to know” the content of the document and their involvement with the project would be solely with the Management System applied to the project. Physical constraints within the HRC are limited to MOD secure filing cabinets, safety-related protections and in a few situations, locked work areas. One example of the latter is the QA documentation area and library, which is kept locked unless QA staff are present. This area contains no classified material and process-related information for the Trident Project is kept in this area in an MOD secure filing cabinet; none of these documents are MOD classified, and the cabinet is controlled by the Documentation Supervisor. All other information generated or used during project activity is recorded in ‘blue books’, which are

 

Signed             D. G. Barlow              Signature witnessed by            M Nicolson DI

 


Witness Statement Page 232

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

formally issued, controlled and uniquely identified notebooks.  Their content is “free form”, and the protection of the content would be consistent with the highest level of classification of the information contained in the blue book. Such documents are reviewed by Project Managers and /or Group Leaders, and may be reviewed during a quality system audit unless they contain sensitive or classified information. For the purposes of a quality system audit, there is no “need to know” classified information unless compliance of a product or service with a contract requirement is suspect. In the latter case, the Quality Manager and Site Security Officer would agree a course of action to resolve the concern. The responsibility for ensuring that classified information is available only on a “need to know” basis is vested in the information holder, and if such information is requested by someone whose “need to know” or clearance is not clear, the Site Security Officer would be advised before information is divulged. The quality audit function of the QA department is planned against an audit schedule which is reviewed and approved by the Quality Manager. Quality system audits, which form the majority, assess compliance with the HRC quality system. A general overview of the area being audited allows the auditor to decide which aspects of the system should be audited, and this does not require detailed discussion of project detail. A ‘profoma’ aide memoire is compiled prior to the audit and this lists the general areas of the quality system to be assessed and may list specific system questions to be asked.  The outcome of the audit is a general statement of the findings and a one-page, proforma report of each system deficiency. These are distributed and agreed with auditors, and the progress and completion of corrective actions are monitored by QA. Major deficiencies are reported to Senior Management, and the Site Director may be asked to resolve any disputes. More recently, contract and product audits were being undertaken. The choice of contracts to be audited was based on an algorithm devised by the Quality Engineering Group leader, and each contract to be audited and the personnel involved were vetted by myself or my deputy

 

Signed             D. G. Barlow              Signature witnessed by            M Nicolson DI

 


Witness Statement Page 233

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

(T. ELSON).  Product audits were very limited, as the HRC has few “off the shelf” products, but they follow a similar pattern. In all cases, the audit activity was reviewed by myself or T ELSON prior to implementation. In the case of the Trident Project, all sensitive areas were audited by Mr W TATHAM, an ex-MOD consultant to the Quality Department, instead of M.J. SMITH as the latter was not cleared without reservation. The Trident X ray orientation audit is an example of an area of work where there was no classified information involved, so M.J. SMITH did participate in this audit. The details covered in the audit are common to all crystals used in this technology, whether for commercial or military application. In my presence, DI NICHOLSON opened a sealed package marked SR4. This contained a mixture of confidential company documents which had been issued to previous employees or to the documentation library. Mr SMITH had no right to have these documents. The library copies are kept in the locked QA documentation area and all QA staff know that they must not remove them from the library. Similarly documents assigned to individuals should be returned, or destroyed and notified, to the QA documentation supervisor when the assigned holder no longer requires them. Mr SMITH did not have a need for these documents in any activity during the last five years of his employment. SR4 also contained copies of company journals and Tech Briefs which are readily available to employees. SR4 also contained a copy of “IR configuration flowchart for manufacturing (CMT JED )” which shows the complete manufacturing route for this product.  It is marked “Commercially Most Secure Authorised Eyes only” and should not have been in Mr SMITH’s possession. In my presence, DI NICHOLSON opened a sealed package marked JS15. This contained extensive manufacturing and design drawings covering the period up to 1983 and mostly issued to D. LEWIS and I CRIGHTON (ex employees of the HRC). It also contained a copy of a document issued to W. TATHAM by T. ELSON, dated April 90. The pre-83 documents are likely to have been filed together, but they would not have been filed with the April 90 document. These documents must have been placed together subsequently,

 

Signed             D. G. Barlow              Signature witnessed by            M Nicolson DI

 


Witness Statement Page 234

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

not as a result of any QA activity. The April 90 document gives extensive manufacturing information and together with the other documents would be invaluable to a competitor seeking to understand or reproduce the manufacturing process. It is possible that the pre-83 documents were filed in the same office as used by Mr Smith, but in a filing cabinet used by his colleagues only. DI NICHOLSON presented SLC/1, after opening it in my presence, timesheets used to record the arrival and working day departures of QA staff. The sheet for his final day of employment (31/7/92) indicated he left without signing out. This was normal practice, when staff left at or after 5.15pm. I can confirm that I spoke to Mr SMITH around 6.00pm and that he left shortly after this time. He was formally advised of his termination of employment by letter dated 29th May, and I had verbally indicated this would happen two weeks prior to this date. During the eleven weeks between receiving verbal notification and actually leaving the HRC, Mr SMITH systematically cleared his outstanding reports and other work. By the final week, his desk was virtually clear, and his last day was spent updating the audit database. He confirmed to me on his last day that he had returned all necessary documents to the documentation supervisor, and had left all of his files in order.  There was no last minute panic.

 

Signed             D. G. Barlow              Signature witnessed by            M Nicolson DI

 


Witness Statement Page 235

 

Form MG 11(T)

 

STATEMENT OF                  Adrian Clement GREENHAM

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a physicist with a Bachelor of Science Honours Degree in Physics from London University and I hold a Masters Degree in Solid-State Physics again from London University. I am a Member of the Institute of Physics and a Chartered Physicist. I have worked at Hirst Research Centre since 1960 in a variety of topics. For the past ten years I have worked on microwave plasma assisted chemical vapour deposition processes. At Hirst Research Centre I am a Senior Research Associate. On Thursday 20th May 1993 I met Detective Inspector MORRISSEY at Hirst Research Centre who, in my presence, opened a sealed bag marked JS/16. I have read the document contained therein, 3 pages of lined A4 paper handwritten and entitled Rugate Filters for S.D.I. dated June 1992. I recall that in June 1992 I was working on a project involving Rugate filter development for the Ministry of Defence. This project was funded by the Strategic Defence Initiative of the USA. I also recall that on 4th June 1992 this project was audited in my presence by the Quality Assurance (QA) department of Hirst Research Centre. In fact the audit was undertaken by Mike SMITH and Bill TATHAM. I remember them coming to the laboratory and I gave a brief outline of what was going on. A topic for audit was selected. On this occasion Rugate filters was chosen, who by I cannot recall, but whoever suggested it we mutually agreed it to be a suitable topic for audit. The document JS/16 appears in general terms to be a summary of the background

 

Signed             A. C. Greenham          Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 236

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Adrian Clement GREENHAM

 

information given by me to Mike SMITH and Bill TATHAM during the course of the audit. It would not have been possible for it to have been written at the time because the process of the audit requires walking around the lab inspecting equipment and documentation. The creation of such a document is not essential to the process of audit and in fact does not cover any of the details required by audit. If it had been deemed necessary to create such a document for QA background information it should have been formally recorded in a blue book. This in itself is a QA requirement. There are some inaccuracies in this document which indicate a lack of expertise on the part of the author. This document is an incomplete summary of the state of the project on Rugate filters at that time. In my opinion this document would be of limited use to a third party. There is insufficient technical detail to replicate the process, however reference is made to the materials which we were then studying which could be of value to another person working in this field. I cannot think of any circumstances whereby a non-expert in the field could compile this information in this form other than from the background information imparted by me during the QA audit. I was in charge of this project from its start in 1989. It was audited in March 1989, and thereafter yearly until the last audit in June 1992. The project was terminated at the end of 1992. I knew Mike SMITH at work only and usually only spoke to him during audits. I do recall speaking with him socially at work a few days before he left. I have only spoken to him about Rugate filters during the audits in 1989, 1990 and 1992. This document is specific to 1992 because of the reference to “reduced oxygen levels by using a better vacuum” on page 2, line 6 which was of concern to me in 1992. Rugate filters have applications in both military and civilian fields. The content of this document is equally applicable to either field.

 

Signed             A. C. Greenham          Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 237

 

Form MG 11(T)

 

STATEMENT OF                  Dr. Guruge Elmo Lakshman PERERA

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a physicist and have a Ph.D in Fluid Mechanics from Huddersfield University. I am a Member of the Institute of Physics. I started work in the field of Upper-Atmospheric Modelling in 1988. In 1989 I came to Hirst Research Centre as a Senior Scientist and was assigned to the Micro-Machining Project which I have led as project leader since then. Micromachining is a technology of processing and fabricating structures with micrometre tolerances, in other words making miniature electomechanical, mechanical devices. It is a new technology, and Hirst Research Centre is amongst the leaders in the world.  It is anticipated that it will have a wide application in both the military and civil fields.  To-day Detective Inspector MORRISSEY opened a sealed bag in my presence labelled JS17 and showed me handwritten notes on 3 pages, of lined paper consisting of micromachining matters. I immediately recognised the sequence of appearance of information written on these papers as extracts from a lecture given by me to a Hirst audience on the 10th June 1992, between 9.30am and 10.30am at the Hirst main lecture theatre. I give a similar lecture about once a year and the purpose is to inform other scientists at the centre of interesting activities. There are so many similarities between these notes and the overheads which I used to illustrate my lecture that they were undoubtedly written by someone who attended my lecture on the 10th June since this is the only occasion I have ever shown

 

Signed             G. Perera         Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 238

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Guruge Elmo Lakshman PERERA

 

the particular overhead on cryogenic refrigeration which is noted on page 3 of the document JS17.  These figures relate to the refrigerating effect and were compiled from my laboratory blue book NT/MM8 which I keep under lock and key and have never shown to anyone else. The overheads have also been kept under lock and key.  I produce this overhead as exhibit GELP/1 and I produce the thirteen (13) other overheads I used on that day as exhibit GELP/2. Because of the sensitive nature, in commercial terms, of these overheads I would not wish these to leave the control of the court. On the 10th June 1992 I recall that Mike SMITH of the QA Department attended my lecture. There were about 25 people present. I particularly remember him being there because he was the only one from QA there, I remember he walked in just after I had started and sat in the last row. All the others present were scientists and physicists mainly from the science area. I didn't notice anything unusual during the lecture. Some people take notes, I didn’t notice if Mike SMITH did or not. On the next day the 11th June my group was audited by Mike SMITH and Bill TATHAM. The audit covered general aspects of procedures, planning and reporting. It did not cover the areas outlined in my lecture. Nothing unusual occurred during the audit.  The information contained in document JS17 would be of interest to another researcher in the field of micromachining and could give them ideas for further lines of research. None of this information has been published in scientific literature to date.  I knew Mike SMITH professionally only at work as a QA man. I also produce the QA report showing the areas audited by Mike SMITH as GELP/3.

 

Signed             G. Perera         Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 239

 

Form MG 11(T)

 

STATEMENT OF                  Peter Miles BRIGGINSHAW

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a Microwave Engineer contracted as a consultant to Hirst Research Centre, GEC-Marconi Limited at East Lane, Wembley, Middlesex. Until September 1992, from September 1953 I was a full time employee of the Hirst Research Centre (HRC). I possess the following qualification, pertinent to my employment as a Microwave Engineer, I am a member of the Institute of Electronic and Electrical Engineers (MIEEE). Since 1953 I have been involved in research and development of microwave materials, components and sub-systems. From 1979 to date I have been engaged almost uniquely in projects involving milli-metric microwave frequencies (i.e. very high frequencies). From around 1974 to September 1992 I was a group leader at HRC finishing my full time employment with the Grade Principal Research Associate. On Thursday 20th May 1993 I was visited at HRC by DC RICHARDS who showed me a sealed exhibits bag, marked JS18 which was opened in my presence, I was thereafter invited to comment on its contents and to commit these comments to a written statement dictated to DC RICHARDS.  The document is headed “Quasi-Optical Car Radar” and refers to a project which has been under development at HRC since 1991, it is still current. The project in this form as represented by JS18 is probably unique to HRC. The project was conceived to develop an effective and cheap cruise control (eventually collision avoidance) radar system for motor vehicles. The millimetric, Quasi-optical technology used in this project has its origins firmly rooted in defence application, specifically, anti armour seeker radars for missile guidance. The “Beam swing scanning-System for missiles”, mentioned at page

 

Signed             P. M. Brigginshaw      Signature witnessed by            R. Richards DC

 


Witness Statement Page 240

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Peter Mile BRIGGINSHAW

 

4 of JS/18 is a system under investigation which employs a similar system of Quasi-optical techniques to that dealt with in this document and is currently being developed for use in an anti-missile radar system. The document is headed “May 1992” and accurately and fully reflects the state of the project at that time.  Indeed, the diagram at page 4, represents a concept under consideration at that time, later experiments showed the concept to be viable, however the circuit details shown on page 4 which at the time was the accepted confirmation later proved in practice to require considerable modification. The content of JS/18 appears to be entirely drawn from knowledge of the HRC Quasi Optical Car Radar project, however related projects are well documented in the technical press. The progress of such projects at HRC, whilst not classified, is logged in notebooks called “Blue Books” which are stored in office filing cabinets. All of the information in JS18 would have been logged in “Blue Books” although not in this sequence. Generally there is very little restriction on any HRC employee viewing these bocks which are classified “Company Confidential”. Any authorised employee of HRC could therefore have been privy to the progress of this unclassified project. The document would appear to be a report of the current status of the Quasi-Optical Car Radar project for a third party. I cannot think of any persons or department in HRC that would create a document in this form, it appears to be neither rough notes nor a properly presented report.  I find the document to be surprising in that outside the project itself diagrams and notes of such selective accuracy should be made. These reflect only the core of the work and do not deal with ID management and administration in any way. The author of these notes would appear to be from outside the project and the notes do not reveal any expertise in the field dealt with. The document would be of interest to other companies involved in this highly competitive area of technology. Motor vehicle products especially would benefit from the techniques revealed. The beam swing

 

Signed             P. M. Brigginshaw      Signature witnessed by            R. Richards DC

 


Witness Statement Page 241

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Peter Mile BRIGGINSHAW

 

scanning system is likely to be of interest to defence industries worldwide. When employed full time by HRC I had sporadic contact with our Quality Assurance Department only as and when required by contract.  My relationship with Quality Assurance (QA) personnel, of whom I know several, is on a business level only, I have no social contact with them. I would meet QA staff only when an audit of a project was required.  This would normally involve them in making notes and in producing a finished report on a company form. The information, style and detail illustrated on JS/18 falls, in my opinion, chiefly outside that required for use in the QA process. The function, as I understand it, of the QA process is to assess the working practices of the project staff and to ensure that certain standards and procedures are adhered to, there is no reference to such functions in JS/18. I have been asked by DC RICHARDS if I know Michael John SMITH. I know that SMITH was employed at HRC on the QA section. I have been aware of SMITH since 1990 when, I believe, he carried out an audit of my project. In May 1992 he was also present at the audit of the project dealt with in JS/18. I have had no contact with him outside these audits. When we met it would be at my office which is situated in my laboratory during which time SMITH would have had access to my Blue Books, and those of my staff, and any models or diagrams used in our experimentation. I am willing to attend court as a witness if absolutely necessary but would, on health grounds and owing to an envisaged absence from the United Kingdom throughout the whole of July and the majority of June 1993, wish that this statement be accepted as my evidence and that I not be called to give evidence before a court.

 

Signed             P. M. Brigginshaw      Signature witnessed by            R. Richards DC

 


Witness Statement Page 242

 

Form MG 11(T)

 

STATEMENT OF                  Dr. Donald James WEIR

Age if under 21                       Over 21

 

Dated 21 May 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am group leader of the Sensors and Control Group in the Long Range Laboratory at the Hirst Research Centre (HRC). My first degree was in natural sciences, B.A., at Cambridge my second degree was in electrical engineering at Imperial College, an M.Sc, I then completed a D.Phil by Research at Oxford University. My first post was a junior research fellow at Trinity College Oxford, from there I joined HRC as a Senior Research Scientist in Machine Vision in 1989. I subsequently initiated the Olfactory Research Project and became a Project Leader. I then initiated further projects which constitute the Sensors and Control Group. I consider that I have expertise in the following areas: Machine Olfaction (chemical sensing), vision, control, biosensors and pattern recognition.  I have been with my current employer for approximately 4 years and 4 months. Earlier today Detective Inspector Martin Nicolson showed me a clear bag marked JS20 which contained a single sheet of A4 lined paper.  On one side of the paper is a set of notes relating to the Olfactory Research Project and dated May 1992.  It is clear that these notes refer to the Olfactory Research Project at HRC. For example the sketch is similar to those that I would draw to explain the project.  Also the frequency of Surface Acoustic Wave (SAW) resonator of 261 MHZ is used by the project and is unlikely to be found in other literature describing the use of these devices for chemical sensing. Also the polysiloxine film, which should be spelled polysiloxane, is an area of activity which to my knowledge has only been

mentioned in open literature once elsewhere than HRC in this application. These

 

Signed             Donald Weir   Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 243

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Donald James WEIR

 

three factors lead me to conclude that the notes refer to the work at HRC. I believe that all this information could have been obtained at a Quality Assurance Audit (QA). While parts of the information are contained in other documents for example patents and reports, or have been mentioned during an internal seminar, the sum of the information has not been documented in this order. This particular project has only been the focus of a QA Audit once. By reference to my diary I believe it was Thursday 7th November 1991 where I had made an entry showing an Audit meeting at 9am. I cannot specifically remember the date but I do remember the meeting. The meeting was between myself, Mr M. SMITH and Mr T. ELSON. The purpose of the meeting was to audit the working practises associated with the project, as part of describing these practises I would have given technical background information concerning materials used and measurements made. The information contained on JS20 is typical of the sort of information I would have imparted. It is my opinion that the notes could not have been written during the meeting as our conversation did not follow a well structured path and all the information of direct relevance to the purpose of the audit, for example methods of storage of measurement data, is absent. The information represents a simplistic overview of the technical status of the project as it was at the end of 1991. The contents suggest a superficial understanding of the information. For example the sketch is of a Bulk Acoustic Wave device which is not mentioned until the end of the page. The word polysiloxane is mis-spelt suggesting unfamiliarity. The sentence describing the sensitivity of Bulk Acoustic Wave devices gives not their sensitivity but only the units of measurement. This suggests a lack of understanding of which elements of information about the project would be useful to a competitor. The make up of the document suggests an attempt to concisely state the technical status of the project by someone who does not fully understand the key engineering issues. The Olfactory Research Project is based and executed at the HRC. The results are disseminated to various GEC companies and one collaborating non-GEC company. A number of elements of the note are “commercial-in-confidence” and would not be discussed outside GEC.

 

Signed             Donald Weir   Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 244

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. Donald James WEIR

 

The project has been running for some 3½ years and continues to the current day. It is a dual technology, having both military and civil applications and is currently part of research and product development activity at GEC. This statement of the technical status of parts of the project would be of interest to other people attempting to develop chemical sensors which have both potential military and civilian applications. I know a number of QA personnel through my work at HRC. My contact with them takes place only at the HRC site. I meet QA personnel in the course of my work for both advice and audit. I know Mr SMITH through his role in QA at HRC and have also met him on a single occasion at a leaving party at HRC.

 

Signed             Donald Weir   Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 245

 

Form MG 11(T)

 

STATEMENT OF                  Martin NICOLSON (Detective Inspector)

Age if under 21                       Over 21

 

Dated 27 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have examined Exhibit JS/8, one page of handwritten numbers and text, and, as far as I am able to discern the content, I have transcribed them into typewritten form which I produce as Exhibit MN/18.

 

Signed             M. Nicolson                Signature witnessed by

 


Witness Statement Page 246

 

Form MG 11(T)

 

STATEMENT OF                  John Arthur PARKER

Age if under 21                       Over 21

 

Dated 27 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Between approximately 1972 until my retirement in 1992 I was an employee of GEC Hirst Research Centre at Wembley in the Quality Assurance (QA) department. The later part of this period, 1985-92, I was Quality Services Supervisor which involved responsibility for Calibration, Tech Prime for various departments and the administration of orders on behalf of the QA department. The latter function deals with listing orders and contracts in the appropriate register. Today at HRC I met with Detective Inspector Nicolson who showed me a sheet of paper contained in a sealed bag marked JS8. I have examined what was written on this sheet of paper.  By reference to two registers which were written by me and returned to HRC I can identify the numbers and text on that sheet of paper as corresponding almost exactly with entries in the Contracts Registers. There are two exceptions: the entries on the first line made against the numbers “8896/7/8” in fact correspond with those in the register at 8996/7/8. Also I note on the third line that the entry under the “78” uses the word Alloy. The register shows only the letter AL which in fact refers to aluminium. I produce photocopies of all the corresponding register entries as exhibits JAP/1. These registers were kept in an unlocked cupboard in the QA area and was accessible to any QA staff member. I cannot recall having seen such a document as the one in JS8 on any previous occasion.  There seems to me to be no obvious reason to create an abstract as in this document. I cannot identify the handwriting. The contents appear to me to be a random extract, not being associated with specific areas of work in HRC.

 

Signed             J. A. Parker                 Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 247

 

Form MG 11(T)

 

STATEMENT OF                  Steven Langford CUNDY

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I was today asked by DI Martin Nicolson to make a statement with respect to my qualifications and experience in matters relating to technologies for electronics and electrical goods. I was educated at Cambridge University where I took a first degree in Natural Science, with Physics being the content of my third year course. My second degree was at the Cavendish Laboratory Cambridge where my training in research for the degree of PhD. was in physical metallurgy and electron microscopy. In 1967-68 I was the holder of a Departmental Research Fellowship at the Cavendish Laboratory. In 1968 I joined the valve research laboratory of Hirst Research Centre; in 1970, I transferred to begin studies of optical communications. In the following years I established the group responsible for the development of optical fibre manufacturing methods and co-ordinated the wide parallel activities associated with electronic equipment, optical sources, cable making, fibre jointing and fibre connectors needed to achieve a working system. By 1980 I was a Division Head responsible for fibre optic communications, flat panel display and laser activities. In 1981 I was a Laboratory Manager responsible for all of HRC’s activities in Opto-electronics. In the period 1982-87 I was the Managing Director of a company established by GEC to manufacture optical fibres. In 1987 I was asked to return to HRC as the Director following the untimely death of the then Director. As Director I am responsible for the activities of approximately 400 scientists and technologists ranging from mechanical engineers, chemists, bio-chemists, electrical engineers, physicists, mathematicians and production engineers. I was also asked to amplify

 

Signed             S. L. Cundy    Signature witnessed by            Martin Nicolson DI

 


Witness Statement Page 248

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

a phrase I previously used in a statement “leading edge technology”. This refers to technology very likely to be innovative in content and pushing the frontier of knowledge and thus intrinsically likely to be of interest to commercial competitors. It is on the basis of leading edge technology that innovative high performance system contracts are often won in the field of high technology.

 

Signed             S. L. Cundy    Signature witnessed by            Martin Nicolson DI

 


Witness Statement Page 249

 

Form MG 11(T)

 

STATEMENT OF                  G. H. SWALLOW

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Qualifications:- HNC Applied Physics

MIEEE

Joined HRC 1958 - Communications Materials Group.

Transferred to Solid Physics Group- 1960 working on Semiconductor Materials.

Transferred to Microwave Semiconductor Group - 1967 working on Microwave Devices.

Became Group Leader - 1975 - Microwave Devices Group.

Became Divisional Head - 1980.

Transferred to MOV to run MOV Laboratory at HRC - 1984

Transferred back to HRC to become Divisional Manager (Special Techniques Division - 1988 until the present time.

Current status: Principal Research Associate, HRC.

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 250

 

Form MG 11(T)

 

STATEMENT OF                  Dr. David Ian WEATHERLEY

Age if under 21                       Over 21

 

Dated 21 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 7 November 1992, my formal qualifications consist of a BSc degree in Physics, and a PhD in experimental solid-state Physics, both awarded by the University of Sheffield.  Since leaving University I have spent 21 years in a variety of MOD posts, beginning as a Scientific Officer and now having reached the grade of Deputy Chief Scientific Officer (now Unified Grade 5). This time has been spent engaged in various aspects of research and technical management in connection with sensors and weapons subsystems. After an initial period of experimental research into radar electronic warfare, during which I gained experience of electronic techniques and technologies, I moved into the field of optics and electro-optics. After a period of experimental work, which this time provided me with expertise in several aspects of electro-optical components, techniques and systems, I took up a senior appointment as Superintendent of a division responsible for army-related research into lasers and optics. This posting provided me with a general oversight of a wide range of UK and foreign weapons systems, of UK Service requirements, and gave me an awareness of the COCOM procedures.  A move to MOD, into the Scientific Adviser (Land) post, provided me with a very broad oversight of the totality of the MOD research, development and procurement requirements and programmes. I have been asked to expand upon my earlier statement which referred to the COCOM procedures. The COCOM organisation (COCOM is an acronym for the Co-ordinating Committee) is responsible for monitoring and controlling the transfer of Western technologies and equipments to those parts of the world in which such transfer might be inadvisable because

 

Signed             D. I. Weatherley         Signature witnessed by            S. J Stafford DS

 


Witness Statement Page 251

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr. David Ian WEATHERLEY

 

of political or other (e.g. defence-related) reasons. Members of my Division at Fort Halstead provided specific advice to the MOD Defence Sales organisation, and via them to DTI, on a range of optical, electro-optical and laser topics.

 

Signed             D. I. Weatherley         Signature witnessed by            S. J Stafford DS

 


Witness Statement Page 252

 

Form MG 11(T)

 

STATEMENT OF                  Gordon Stephen SMITH

Age if under 21                       Over 21

 

Dated 21 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of the 24th August 1992 I today informed Detective Sergeant S Stafford that my formal academic qualifications are Chartered Engineer being a Corporate Member of the Institution of Electrical Engineers.  My experience has developed, in the field of Guided Weapons, since my post apprenticeship work at the Royal Aircraft Establishment Farnborough with employment at Sperry Gyroscope Company on the Seaslug and Sea Dart Missiles (1963-66) and the Blindfire Radar of the Rapier System at Marconi (1967-70). A period of 15 years in the Principal Directorate of Technical Costs then followed with exposure to the broad spectrum of the Defence Industry.  Returning to Project Management in 1985 my work has been in the field of missile technology since July 1989 (on Rapier) until the present time (Seawolf) since November 1992.

 

Signed             G. S. Smith     Signature witnessed by            S. J Stafford DS

 


Witness Statement Page 253

 

Form MG 11(T)

 

STATEMENT OF                  Sqn Ldr C. BAGLEY

Age if under 21                       Over 21

 

Dated 19 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 28 October 1992 I have 32 years of engineering experience in the RAF, 17 years non-commissioned working various aspects of ground radar systems and since commissioning 15 years as an engineering officer of which the last 10 years have been associated with the Rapier system. In the latter respect my experience has been as a squadron engineer, a staff officer and since 1987 a project officer dealing with procurement issues and also as a deputy technical security officer. In this latter capacity I am conversant with the security classification of the Rapier equipment .to which the drawings and diagrams I was shown, as evidence, refer.

 

Signed             Colin Bagley   Signature witnessed by            S. J Stafford DS

 


Witness Statement Page 254

 

Form MG 11(T)

 

STATEMENT OF                  Peter Leonard KNOWLTON

Age if under 21                       Over 21

 

Dated 19 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 10th August 1992 I am a Project Officer with formal qualifications of ONC and HNC including technical endorsements in thermodynamics, electronics and applied mechanics. Over a period of some 30 odd years I have been employed on multi-discipline projects carrying out engineering and project functions to varying degrees of complexity. For most of this period my involvement with highly complex computer and electronics systems has led me to return to college for refresher courses, the most recent being just 6 months ago. For the last four years my work as a Project Officer working on Rapier Systems procuring and controlling the designs of in-service equipment as well as development of enhancements to existing standards of equipment.  I control the Post Design Services aspects within British Aerospace, Cossor Racal and at one time Marconi, Frimley both technically and financially.

 

Signed             P. Knowlton                Signature witnessed by            S. J Stafford DS

 


Witness Statement Page 255

 

Form MG 11(T)

 

STATEMENT OF                  James Frederick WILDISH

Age if under 21                       Over 21

 

Dated 24 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 10th August 1992. I am a Senior Scientific Officer with MOD Sy (S&T), which is the Scientific and Technical Security Branch of the Director of the MOD Security. I have been employed in this Branch since July 1990. I am responsible for publishing Technical Security Classification Grading Guides for Guided Weapons, Nuclear Weapons and Special Weapons (Laser Guided Bombs) for all three of the Armed Forces. I am also the manager of the Classification Private Venture equipment. Prior to this post I was an Instrumentation Officer (Electronics) with the Proof and Experimental Establishment at Shoeburyness for 25 years where I was involved in development trials for a variety of weapon systems.  I have an HNC in Electrical Engineering and a HNC in Computer Studies. Prior to my service with the MOD I was a detail design draughtsman with Handly Page Ltd working on instruments for a missile carrying version of the Victor Bomber.

 

Signed             J. F. Wildish                Signature witnessed by            A. Walsh DS

 


Witness Statement Page 256

 

Form MG 11(T)

 

STATEMENT OF                  Michael Barry ALLENSON

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have a first class honours degree in physics from the University of Durham awarded in 1965. I joined the Scientific Civil Service in 1968 after post graduate research also at Durham. My first appointment was to the Services Electronic Research Laboratory at Baldock and I worked on new photocathodes, intended for military night viewing systems and based on the semiconductor material Gallium Arsenide, the primary material now used in monolithic microwave integrated circuits (MMIC’s). I was promoted to Principle Scientific Officer in 1974 and led a team on the development of an image intensifier technology based on the previous work on GaAs photocathodes. This work was transferred to RSRE Malvern in 1980 and I completed its transfer to industry in 1984.  From 1984 I have led a research team concerned with the design, fabrication and assessment of monolithic microwave integrated circuits and related Gallium Arsenide devices and their application in military systems. From approximately 1985 to 1987 I was the MOD technical sponsor for a number of research contracts placed at GEC Hirst Research Centre and directly concerned with the design and fabrication of MMIC’s at Hirst Research Centre. The progress meeting for these programmes, which I attended were joint meetings at which progress on similar projects funded by the GEC system companies was also reviewed.

 

Signed             M. Allenson                Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 257

 

Form MG 11(T)

 

STATEMENT OF                  H. A. DEADMAN

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I received my first degree from University College of North Wales, Bangor in July 1966, in Electronic Engineering. I then completed an MSc course in epitaxial material growth of Silicon in October 1967. I then took a post of scientific officer with the Ministry of Technology at Signals Research and Development Establishment, Christchurch from October 1967 to October 1968. I then transferred to the Services Electronics Research Laboratories, Baldock, Herts, where I carried out research and development on microwave and millimetre-wave solid state devices for use in radar and satellite communications application. My work covered the establishment of the device/component technology and device performance. My research covered parametric amplifiers, including the development of new varactor diodes, IMPATT oscillators, and low noise FET devices. 3 Parametric amplifiers were delivered to other MOD establishments for use in satellite communication. From November 1979 until November 1982, I worked as a G7 in the Directorate of Components, Valves and Devices (DCVD) in London. My work involved placing MOD contracts with UK industry for research on microwave / millimetre-wave devices, and applied physics and materials. This work also involved placing contracts for the procurement of advanced state of art components for use in numerous MOD project From November 1982 to the present, I have carried out research on the design performance, and technology development of guided weapon millimetre-wave radar sensors for the detection of armoured vehicles (tanks). I also was required to provide advice to other branches of MOD on the use of millimetre-wave radar sensors in MOD project requirements, particularly MLRS-III, SR(A) 1238, and MERLIN.  My research covered

 

Signed             H. A. Deadman                       Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 258

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    H. A. DEADMAN

 

all aspects of millimetre-wave radar sensor design and performance. An important part of this technology development covered the design, use and performance of quasi-optic antenna feeds for these guided weapon sensors. This work was carried out under contract, which I sponsored, at Marconi-Defence Systems (now GEC Marconi Dynamics Ltd), Stanmore, and who have close research links with GEC Hirst Research Labs. The use of this quasi-optic antenna technology has been proposed for SR(A) 1238. I am therefore fully qualified to comment on the security aspects of quasi-optic antenna feeds.

 

Signed             H. A. Deadman                       Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 259

 

Form MG 11(T)

 

STATEMENT OF                  Alison Myryl HODGE

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I graduated in Physics with subsidiary Mathematics with a Class II division (i) honours degree (B.Sc) in 1975 at Reading University. From 1975 to 1978, I continued studies at Reading University which led to the award of a PhD in Physics in 1978. Between 1978 and 1979, I continued a similar line of research in Reading University as a post-doctoral research assistant, and from 1979 to 1980, I continued similar studies in Strasbourg in a French National research laboratory. All these studies from 1979 to 1980 were concerned with studies of the physical properties of polymers. This is not a field directly of relevance to the case. In October 1980 I joined RSRE Malvern, now DRA Malvern, as a Higher Scientific Officer. For 18 months I worked on the fabrication and characterisation of surface acoustic wave devices. In July 1982, I transferred to the silicon team and was given responsibility for establishing a research programme in the field of silicon on sapphire devices, their electrical and material characterisation. This was carried out by myself and a team of graduates and other research scientists, working with me. This programme of work also included the monitoring of extramural research projects placed by MOD with universities and industrial companies including those at GEC HRC and GEC Lincoln. I also attended conferences and other meetings both nationally in the UK and elsewhere in Europe and USA. I am therefore conversant with the technical status of the field internationally. Silicon on sapphire devices, although potentially of interest for a wider range of applications in micro-electronics systems, have almost exclusively been exploited for their benefit to military systems since they offer superior tolerance to doses of

 

Signed             A. M. Hodge   Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 260

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Alison Meryl HODGE

 

ionising radiation than similar circuits fabricated in bulk silicon. During the 1980’s I was promoted successively from High Scientific Officer to Senior Scientific Officer and now Principal Scientific Officer/grade 7. I was also made Process Manager of the Silicon Processing Laboratory in which the principle project was that concerned with silicon on sapphire devices.  Since 1989 I have been made Team Leader of the Silicon Structures Team.

 

Signed             A. M. Hodge   Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 261

 

Form MG 11(T)

 

STATEMENT OF                  Keith Loder LEWIS

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 11 August 1992, the following is a summary relating to my scientific experience. My formal qualifications of BSc (Chemistry & Mathematics) and PhD (Physical Chemistry) were obtained at the University of Bristol. I then spent a period of two years as a Postdoctoral Research Fellow at the University of Oxford before joining the Ministry of Defence in 1974. For a period of 7 years I worked as a Senior Scientific Officer at the Atomic Weapons Research Establishment developing naval fabrication processes for advance infra-red optical materials. In 1981 I moved to the Royal Signals and Radar Establishment at Malvern where I continued on the development of advanced optical materials for application on military vehicles, aircraft and missile seekers. Currently I am a senior Principal Scientific Officer and Head of the Thin Film Optics Section at Malvern, with emphasis on research on electro-optic counter-counter measures. This latter area of work includes the development of devices for the protection of electro-optic systems against the effects of directed energy weapons. My specific activities include the leadership and management of the Intramural work programme and management of a number of research and development contracts in UK industry. I am also Project Manager for a major US funded programme under the Strategic Defence Initiative, in which the UK are developing advanced hardening devices for space platforms. I also act as Chairman of an

 

Signed             K. L. Lewis     Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 262

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Keith Loder LEWIS

 

International Committee co-ordinating aspects of defence research between the government of the UK, US, Canada, Australia and New Zealand. I have held an honorary chair in Physics at Heriot-Watt University since 1991.

 

Signed             K. L. Lewis     Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 263

 

Form MG 11(T)

 

STATEMENT OF                  Dr. Meirion Francis LEWIS

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I received my first degree in physics from Oxford University in 1960. From 1960 to 1964 I studied microwave frequency ultrasonics for my D. Phil in physics, again at Oxford University. In 1964 I joined the GEC Hirst Research Centre, Wembley, where I led a group concerned primarily with acoustic wave devices. These studies involved both bulk acoustic wave devices and surface acoustic wave devices, as well as various other solid state devices. The acoustic wave devices typically operate by converting electrical signals at radio frequencies or microwave frequencies to the form of acoustic waves, and back again to electrical waves. During this process some useful signal processing function is achieved, e.g. the signal is delayed in time, or filtered to remove unwanted frequencies. In 1972 I left GEC and joined the Royal Radar Establishment, Malvern, where I continued to work on surface acoustic wave devices of many kinds. The immediate application of these were mainly military, although such devices often have civilian applications as well. In 1985 my work turned mainly to optical signal processing, but I have continued to maintain a watching brief on surface acoustic wave devices and their applications. I have published well over 100 scientific papers, of which at least half have been on acoustic wave devices.

 

Signed             M. F. Lewis     Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 264

 

Form MG 11(T)

 

STATEMENT OF                  Hugh Murdoch LAMBERTON

Age if under 21                       Over 21

 

Dated 20 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement made on 3rd November 1992 I provide a statement outlining my relevant scientific expertise. My formal academic scientific qualifications include a BSc in Chemistry (1966) and a PhD in Physical and Theoretical Chemistry (1967). Since 1967 I have been involved in scientific research. All but three years have been devoted to electro-optics research. Initially (1967-1980) I was involved in Infra-red laser research. This necessitated the use of Infra-red detectors. Between 1980-1981 and from 1984 to the current day I have been responsible for research on Thermal Imaging Systems. In my current position as Head of the Electro-optic sensors and signatures division at DRA Malvern, I am responsible for all MoD sponsored research on Infra-red detectors and for the use of Infra-red detectors in Thermal Imaging Systems.

 

Signed             H. M. Lamberton        Signature witnessed by            S. J. Stafford DS

 


Witness Statement Page 265

 

Form MG 11(T)

 

STATEMENT OF                  John Richard WEATHERLEY

Age if under 21                       Over 21

 

Dated 26 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 24th August 1992 I have been asked to provide details of my technical background. I graduated with HND and College Associateship in Electrical and Electronic Engineering in 1971 whilst employed as a Student Apprentice with Marconi Communications Systems, Chelmsford. Between 1971 and 1980 my role was as an Electronic Design Engineer working on High Frequency (HF) Communications Equipment for maritime use. I moved to Cossor Electronics in 1980 as a Senior Design Engineer working on the Operator Confidence Facility for Rapier. Since then my role has expanded through Design Engineering, Engineering Management, Marketing and now as Manager for all Identification Friend or Foe (IFF) products in Cossor. This latest role still involves Rapier, other weapons, radar and aircraft equipment. I have therefore been involved with Rapier for 13 years.

 

Signed             J. R. Weatherley          Signature witnessed by            A. Walsh DS

 


Witness Statement Page 266

 

Form MG 11(T)

 

STATEMENT OF                  Stephen John BEELS (Detective Sergeant)

Age if under 21                       Over 21

 

Dated 27 May 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 4th May 1993, I have examined Exhibits RH/20, RH/21 and PMS/14 - three passports in the name of Michael John SMITH, and I produce a chronological list of the entry and exit stamps, and visas, contained in them as far as I am able to discern them, as Exhibit SJB/45.

 

Signed             S. Beels DS                 Signature witnessed by

 


Witness Statement Page 267

 

Form MG 11(T)

 

STATEMENT OF                  Stephen John BEELS (Detective Sergeant)

Age if under 21                       Over 21

 

Dated 4 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statements dated 4th May 1993 and 27th May 1993, the chronological list of the entry and exit stamps, and visas, in the passports of Michael John SMITH, Exhibits RH/20, RH/21 and PMS/14, which I produced as Exhibit SJB/45, was incomplete and I now produce an amended chronological list as Exhibit SJB/46

 

Signed             S. Beels DS                 Signature witnessed by

 


Witness Statement Page 268

 

Form MG 11(T)

 

STATEMENT OF                  Robert RICHARDS (Detective Constable)

Age if under 21                       Over 21

 

Dated 9 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On 10th August 1992 Miss Jacqueline Beck of The Synthesizer Company, 9 Hatton Street, NW8, handed me a one page Statement of Account relating to transactions between the company and Mr Mike Smith of 48A Burton Road, Kingston-Upon-Thames, Surrey, which I produce as Exhibit RR/1.

 

Signed             Robert Richards DC               Signature witnessed by

 


Witness Statement Page 269

 

Form MG 11(T)

 

STATEMENT OF                  Mrs C (Stella RIMINGTON)

Age if under 21                       Over 21

 

Dated 18 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I refer to my previous statements. I have been asked about events in the former Soviet Union leading up to and following the August 1991 coup, in particular their impact on the organisation and responsibilities of the intelligence and security services. I produce as Exhibit C/1 a chronology of events in the former Soviet Union from 1985 to 1992 and an organogram of the evolution of Russia’s current civilian intelligence services from the old KGB, prepared by the section in the Security Service responsible for the study of intelligence services hostile to the UK. This exhibit has been prepared entirely from a variety of unclassified sources.

 

Signed             Mrs “C”           Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 270

 

Form MG 11(T)

 

STATEMENT OF                  Martin MORRISSEY (Detective Inspector)

Age if under 21                       Over 21

 

Dated 17 June 1993

 

This statement, (consisting of   5   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On the 15th and 16th June 1993 I went to PORTO and LISBON, Portugal to make enquiries into the four sites marked on the map of Porto, exhibit JS/45. From east to west on this map the sites are located as follows. Firstly on the south side of the RUA DE SA DA BANDEIRA. Secondly on the west side of the main square at PRACA DA LIBERDADE. Thirdly on the west side of the Praca de Lisboa in RUA DO DR. FERREIRA DA SILVA, and fourthly in the square LARGO DE S JOAO NOVO.

 

On the 15th June I went to Government offices at 164 Rua do Bulhao, the Camara Municipial de Porto, Direcciao des Servicos Tecnicos Especias. There I saw plans of the City of PORTO dated 1956 and 1979. These plans are the only two post-war plans of the city. In my presence, from the 1956 plan, photocopies of the following areas were made and which I exhibit as follows: the edge of the plan dated February 1956, MSM/8 [Exhibit No. 82]; the RUA DE SA DA BANDEIRA marked on JS/45, exhibit MSM/9 [Exhibit No. 83]; the PRACA DA LIBERDADE, west side, exhibit MSM/10 [Exhibit No. 84]; the RUA DO DR FERREIRA DA SILVA, MSM/11 [Exhibit No. 85]. On the 1956 map, the area of LARGO DE S. JOAO NOVO was too faded to reproduce. Copies were also made of the 1979 plan as follows: the edge of the plan dated September 1979, exhibit MSM/12, [Exhibit No. 86]; the RUA DE SA DA BANDEIRA, exhibit MSM/13 [Exhibit No. 87]; the PRACA DA LIBERDADE, exhibit MSM/14 [Exhibit No. 88]; the RUA DO DR. FERREIRA DA SILVA, MSM/15 [Exhibit No. 89]; and the LARGO DE S. JOAO NOVO, MSM/16 [Exhibit No. 90]. Comparison of these items reveals that the geography of the relevant parts of PORTO did not change between 1956 and 1979. With the exception of the PRACA DE LISBOA exhibits MSM/11 and MSM/15, the geography remains the same today. The PRACA DE LISBOA, beside RUA DO DR. FERREIRA DA SILVA has been slightly developed since 1979 to incorporate an underground occasional market area.

 

On the 15th June I also went

 

Signed             Martin Morrissey DI               Signature witnessed by

 


Witness Statement Page 271

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Martin MORRISSEY

 

to the head office of the Portuguese national telephone company TELEFONES DE LISBOA E PORTO (TLP) at 431 Ten Valadim, Porto. There I obtained a 1992-93 telephone directory for the Porto area which I produce as exhibit MSM/17 [Exhibit No. 91]. On the 16th June I went to the offices of ITT-PAGINAS at Marque Lisboa, Lisbon. There I inspected the telephone directory for 1973-74 for the Porto region. I took the following copies of pages from this directory and identify them as exhibits as follows: the front cover, exhibit MSM/18 [Exhibit No. 92]; and pages 85, 388, 88, 186, 157, 206, 102, 40, 93 and 256 which I exhibit as MSM/19 [Exhibit No. 93]. I also took copies of the Porto region directory for 1981-82, the front cover I exhibit as MSM/20 [Exhibit No. 94] and pages 156 and 407 as exhibit MSM/21 [Exhibit No. 95].

 

Inspection of exhibits MSM/17 to MSM/21 shows the following: in respect of the RUA DE SA DA BANDEIRA, the “cross” on map JS/45 is on the south side between numbers 68 and 90. On page 179 of exhibit MSM/17 can be found an entry “[CASA] CAMPIAO-LOTARIAS - 68/70 SA BAND.” These premises are a lottery shop. On page 85 of exhibit MSM/19 can be found an entry “CASA CAMPIAO-LOTARIAS ... 68/70 SA BAND ...” Numbers 72/78 are empty on the ground floor and above on various floors are the premises of the BANCO BORGES and IRMAO (page 85, exhibit MSM/17). These particular offices, above 72/78 are a bank deposit store and not listed in the telephone directory, though bank offices on either side are listed. On page 388 of exhibit MSM/19 is the entry “TABACARIA BORGES and IRMAO COMERCIAL .... 72/8 SA BAND ....” Number 80 is the premises of “CASTILHO PERFUMARIA” a perfume shop, page 183 exhibit MSM/17 shows the entry “CASTILHO & C SUCR LDA 80 SA BAND”. Page 88 of exhibit MSM/19 reads “CASTILHO & C SUCRS LDA ... 80 SA BAND”. The next building, number 84, is offices of IMPERIO, an insurance company, page 443 of exhibit MSM/17 shows “IMPERIO SA, COMPANHIA DE SEGUROS ... 84 SA BAND”. Page 186 of exhibit MSM/19 shows “IMPERIO, COMPANHIA DE SEGUROS ... 84 SA BAND”. Above these premises are offices of CUFTEXTEIS and QUIMIGAL, carpet and chemical companies. Page 266 exhibit MSM/17 reads “CUFTEXTEIS SA .... 84 SA BAND ...” and page 774 “QUIMIGAL ADUBOS SA ... 84 SA BAND ....” There is no entry for these companies in the 1973/4 directory but on page 388 of exhibit MSM/19 is the entry “TABAQUEIRA

 

Signed             Martin Morrissey DI               Signature witnessed by

 


Witness Statement Page 272

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Martin MORRISSEY

 

SARL ... 84, 2° [second floor] SA BAND ...” These companies do appear in exhibit MSM/21 the directory for 1981/2 on pages 156 “CUF-TEXTAIS LAR ... EXPOSICAO E VENDAS [showroom and sales] ... 84 SA BAND ....”, and page 407 “QUIMIGAL-QUIMICA DE PORTUGAL ... 84 SA BAND ... 84 1° [first floor] SA BAND ...” Finally, next door to IMPERIO is an office block with the sign FIDELIDADE thereon. The telephone directory entry for this company refers to other offices at 819 RUA DE SA DA BANDEIRA page 366 exhibit MSM/17 “FIDELIDADE, COMPANHIA DE SEGUROS ...” This is an insurance company. Page 157 exhibit MSM/19 shows “FIDELIDADE, COMPANHIA DE SEGUROS ... 90, 1° (first floor) SA BAND ...” The ground floor of this building is also offices of the company. In conclusion therefore, numbers 68-90 RUA DE SA DA BANDEIRA consist of offices and shops which have remained all but unchanged since 1973. There is no place of any tourist interest in this section of this street.

 

By reference to these exhibits the shops on the west side of the PRACA DA LIBERDADE are as follows. The bank of Portugal is a large building in PLACA DA LIBERDADE to the south side of the junction with RUA DR. DE ARTUR MAGALHAES BASTO, its size and location can be most easily seen on exhibit MSM/14. There are seven premises to the south of this building to the next junction the RUA CLERIGOS, and this is where the “cross” on map JS/45 is located, between numbers 50-68. On page 206 of exhibit MSM/19 an entry reads “LIVRARIA FIGUEIRINHAS 68 PC LIBERD ...” and on page 393 of exhibit MSM/17 it reads “GALERIA PRACA 66 PC LIBERD”. The former bookshop is now an art gallery and the number the shop is known as has changed from 68 to 66. Next to the GALERIA de PRACA is CONFEITARIA ARCADIA a sweet shop, listed on page 219 of exhibit MSM/17 “CONFEITARIA ARCADIA 63 PC LIBERD ...” and on page 102 of exhibit MSM/19 “CONFEITARIA ARCADIA 63 PC LIBERD ...” Next to this is an office of the TLP at number 61. This consists of 12 telephones (coin-operated) in the foyer, and an office beyond. No public telephone number is listed in any directory for these premises. The premises existed in their present form in 1977 (see exhibit MSM/26). The next premises are a sweet and confection shop numbers 57-59. Page 72 of exhibit MSM/17 “ATENEIA CONFEITARIA E PASTELARIA 57/9 PC LIBERD ...” and page 40 of exhibit MSM/19 “ATENEIA CONFITARIA E PASTELARIA 57/9 PC LIBERD ...” Next to this number 54 is listed on page 197 of exhibit MSM/17 “CERVEJARIA

 

Signed             Martin Morrissey DI               Signature witnessed by

 


Witness Statement Page 273

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Martin MORRISSEY

 

SA REIS 54 PC LIBERD ...” a bar, also listed on page 93 of exhibit MSM/19 as “CERVEJARIA SA REIS 54, 10, PC LIBERD ...” The next premises is number 53 a very small newsagents called PORTAL DA ALEXANDRINA which is not listed in any telephone directory. The last premises in this row is at number 50-52 a clothes shop listed on page 634 of exhibit MSM/17 as “NAVARRO LDA 50 PC LIBERD ...” and on page 256 of exhibit MSM/19 as “NAVARRO LDA 50 PC LIBERD ...” In conclusion therefore numbers 50-68 PRACA DA LIBERDADE consist of no site of tourist interest, nor have they since 1973.

 

The third “cross” marked on map JS/45 is in RUA DO DR. FERREIRA DA SILVA. On the opposite side of the street is the University of Porto. On the “cross” side of the street is the PRACA DA LISBOA which was a park in 1977 (see exhibits MSM/11 and MSM/15). Today it has been redeveloped to include an underground pedestrian market and thorough fare.

 

The fourth “cross” is in the LARGO DE S. JOAO NOVO, a square described in previous exhibits and statements. On the 15th June 1993 I also went to the OPORTO TOURIST BOARD at 25 RUA CLUBE FENIANOS. There I took possession of four tourist leaflets which incorporate maps of PORTO. I exhibit these as MSM/22, MSM/23, MSM/24 and MSM/25 [Exhibits No. 96-99], which is in the chronological order in which they were issued on request from before 1969 (MSM/22) to the present day (MSM/25). The map MSM/22 is identical to map JS/45 with the exception that it is in the German Language version showing sites of tourist interest on the map. None correspond with the “crosses” on JS/45 but for the MUSEUM OF ETHNOGRAPHY which is on the north side of the LARGO DE S. JOAO NOVO.

 

I also, at the offices of TLP recovered a document which I exhibit as MSM/26 [Exhibit No. 100]. This is a report of a TLP engineer into the use of telephone boxes in 1977. On page 2 are indicated A-E the 5 sites of telephone boxes in 1977 in areas relevant to the crosses on map JS/45. I have notated on further copies of the 1979 plans of the City of PORTO the sites of these kiosks. In conclusion, in 1977, there was no public telephone in RUA DE SA DA BANDEIRA, there was a public telephone on the north end of the “island” on the west

 

Signed             Martin Morrissey DI               Signature witnessed by

 


Witness Statement Page 274

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Martin MORRISSEY

 

side of the PRACA DA LIBERDADE (B) as well as telephones in the TLP office at 61 PRACA DA LIBERDADE. Finally there was no telephone kiosk in RUA DO DR. FERREIRA DA SILVA.

 

I also visited the offices of SERVICO DE TRANSPORTES COLECTIVOS DO PORTO (STP) the regional bus company at 806 Avenida da Boavista, Porto. With regard to bus stops in 1977 it was possible to confirm that the bus stops in RUA DE SA DA BANDEIRA and RUA DO Dr FERREIRA DA SILVA existed in 1977 and documentary records of bus routes are in existence to this effect. The bus stops on the west side of PRACA DA LIBERDADE also existed in 1977. Shown on the city plan exhibit MSM/10 and MSM/14 and in use today is a ticket office which services these bus stops, located within the “island” on the west side of the square.

 

Signed             Martin Morrissey DI               Signature witnessed by

 


Witness Statement Page 275

 

Form MG 11(T)

 

STATEMENT OF                  Steven Langford CUNDY

Age if under 21                       Over 21

 

Dated 18 June 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Friday June 18 1993 I met with DI Nicolson in my office at Hirst Research Centre and he showed me exhibit ALH/1, a photograph of various microelectronic and electronic devices, and exhibit JS/14, a sealed bag which was opened in my presence and which contained various microelectronic and electronic devices. I have marked a copy of the photograph ALH/1 with capital letters, to the lower left hand corner of each of the 15 items in that photograph, A to P inclusively excluding the letter O. In my statement of 6 November 1992 I reported the examination of exhibit JS/14 and the classification of some of the microelectronics devices as SLC1 to SLC6 inclusively. I now make the following correlation between the items SLC1-SLC6 inclusively and the items on the copy of the photograph ALH/1 which are now marked A to P inclusively, excluding the letter O. Items A, C, F and H are those four items previously classified by me as SLC1. Item B is SLC2. Item D is SLC3. Item I is SLC4. Item G in the main shows the item previously classified by me as SLC6. However I note that for the purposes of the photograph SLC6 was placed on top of a clear plastic lid from a plastic specimen box. It would appear from my examination of SLC5 that the lid used to support SLC6 and shown as Item G in the photograph has come from the specimen box contained in SLC5. Since the microelectronic device which is the real exhibit contained in SLC5 is deliberately stuck to the lid, SLC6 is obstructing a clear view of the device contained in SLC5.  In my statement of 11 August 1992, I identified some of the SAW devices contained in JS/14 by serial numbers or other markings on metal packages. These specifically identified items appear on the copy of the photograph ALH/1 with the following letters of identification. 63-35-B-TT is Item P,

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 276

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

8744-2667 1750(587) is Item L, 63.5 MHZ T1, T2 is Item J, 10/37/B/20 is Item N, 63/35/P/B082 is Item M, 10/37/B/69 is Item K. Item E in the copy photograph is a part finished SAW device which I have not referred to specifically in previous statements. I have thus identified all the items shown in the copy photograph ALH/1 marked up by me which I now produce as exhibit SLC/2. I was further asked to comment on whether the electronic and microelectronic devices present in JS/14 actually work. To the layman the answer is no; many devices are not properly packaged, they being part processed or final product before encapsulation or packaging to render them usable in the general sense of the word. However those skilled in the state of the art would be able to place accurately minute electrical probes onto the surface contacts present in most of the microelectronic devices to prove functionality - i.e. in the technical sense that they do work and have certain characteristics. This process called “probing” is a standard on-line testing employed in semiconductor manufacture to determine which components are worth spending further money on and placing in packages. However to those skilled in the art it is much more advantageous to receive bare (un-encapsulated) chips for it becomes relatively easy to determine functionality and how it is achieved in the design; small sections of each semiconductor chip can be probed to examine each stage in isolation. When staff employed at HRC are asked to determine why certain semiconductor devices have failed in the field (Device Failure Analysis) the second task, after confirming non-functionality, is to remove the encapsulation in a controlled manner so as to reveal the bare chip which can then be examined by a variety of electron optical or optical devices and/or probes to trace the non functional element. It is therefore a matter of fact that those wishing to learn of the state-of-the-art of a competitor or ascertain the technical competence of a competitor would far rather receive un-encapsulated chips known to have come from the relevant production line than completely packaged devices which in commercial terms would be working and subject to guarantees and warranties. We note in this respect that Item A in the exhibit SLC/2 contains items sent to Thomson-CSF in France for evaluation and were apparently rejected by them; the items

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 277

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

were bare chips and presumably, if their rejection of the items was based on technical grounds, they were able to test them. Thomson-CSF are skilled in the art of gallium arsenide components for radar applications.

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 278

 

Form MG 11(T)

 

STATEMENT OF                  Mr “E”

Age if under 21                       Over 21

 

Dated 21 June 1993

 

This statement, (consisting of   4   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I was born in Yorkshire on [censored]. My father was a U.S. Army officer and my mother was an English nurse. In [censored] my parents moved to America and because my father was a career Army officer we moved around and lived at different locations in the USA and Europe. I attended various schools that were supported by the U.S. Army and graduated from High School in [censored]. I joined the US Navy in [censored] on a four year engagement and was trained in the U.S. Navy electronics school and specialised in radar. I left the U.S. Navy in [censored] as a Petty Officer (electronics technician (radar) III class). In [censored] I attended [censored] college, [censored], for 18 months which included work experience with [censored] who were defence contractors [censored]. Both positions were research assistants. After leaving college I held a variety of jobs and relocated to the San Francisco area in [censored]. I married in [censored] and had a son in [censored]. In 1975 we moved to Europe and then settled in London in 1976. After a period of time as a musician I went to work for [censored] Tottenham Court Road, which is a hi-fi accessories speciality retailer. After about 6 months [censored]. This resulted in me relocating my family to Nottingham. After about one year [censored] I was asked to carry on [censored] at [censored] Tottenham Court Road. This move resulted in me having to commute to London during the week, leaving home on Monday mornings and returning on Friday evenings. During the week I stayed at

 

Signed             Mr “E”                        Signature witnessed by            M. MacLeod DCS

 


Witness Statement Page 279

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mr “E”

 

a hotel in Gower Street. At some point in 1978 a man I now know to be “Victor” came into the shop and enquired about accessories for hi-fi systems. Because Tottenham Court Road is internationally renowned as a centre for specialist hi-fi equipment it was not unusual to have customers from abroad. My first encounter with Victor was purely a casual enquiry. About a week or so later Victor came back into the shop and came up to me and was again seeking advice on hi-fi systems. The intriguing thing for me was that [censored] did not sell hi-fi systems but were purely a specialist outlet for hi-fi accessories. It seemed a possible opportunity for me to work on a consultancy basis. I was quite interested and so was he and I think he was confused with my knowledge. This evolved into a situation where Victor invited me out for dinner. I initially believed Victor to have been a Yugoslav but subsequently learned that he was a Russian working at the Soviet Embassy. My initial discussions with Victor concerned hi-fi and personal matters and I would have volunteered the fact that I served in the U.S. Navy as an electronics technician. These meetings covered a whole range of topics including politics, family including life in England. In retrospect there was a level of progression of events leading to Victor sounding me out as to whether I would be interested in making some money in exchange for information. I acknowledged that I would be interested but would have asked specifically if any of the information I was being asked to obtain was illegal. I was aware that there were certain restrictions on the passing of certain types of technology but as far as I was aware I had no access to restricted technology. I cannot remember if I received any assurances from Victor. In the first few months Victor did not specify what information he was seeking. During the first eighteen months I had meetings with Victor, usually dinner meetings at different locations around the Tottenham Court Road area. These were at restaurants rather than pubs. At no time did I pass information to Victor. Victor always paid for the meals but there were no taskings although he did suggest that I seek employment which would allow me access to information. No companies were mentioned. I cannot remember how often the meetings took place but the arrangements were always made at the previous meeting. After about 2 to 3 months I became suspicious and came to the conclusion that Victor was a KGB agent

 

Signed             Mr “E”                        Signature witnessed by            M. MacLeod DCS

 


Witness Statement Page 280

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mr “E”

 

and that I was being recruited. In 1980 I was tired of commuting and left my job in London to take up employment as a rep. for [censored], a London based company. I covered the Midlands which enabled me to travel home every day. This company was a distributor for [censored] hi-fi equipment. My move to the Midlands made it difficult for Victor to meet me because of the travel restrictions imposed on the Soviets. I had to drive towards London and meet up with Victor at train stations. The meetings took place at Watford, Dunstable and Leigh-on-sea among others. During this time I continued to receive a retainer. I cannot remember the amounts but I do remember a single payment of £35. Victor did suggest I set up my own business. I presume it was because they would see me as a procurement vehicle. I never followed this up. Following my move back to the Midlands I do recall some suggestion about using telephone boxes to make contact. During my dealings with Victor he was quite relaxed but in retrospect it is apparent that there was an agenda. The agenda was introduced gradually. When I spoke just now about the single payment of £35 I am not sure if it was a payment for a meal or a retainer but I was paid a retainer at every meeting. All the time that I was acquainted with Victor I did not provide him with any information. I found this quite intriguing but I presumed it was because they viewed me as a long term “mole”. I can’t remember the dates but Victor later handed me over to his successor who was identified as “George”. I continued to meet “George” who was more pointed in his requests than “Victor”. By the time Victor left the relationship was more cordial than that which developed with “George”. It was George who suggested that I should get myself into a company where information could cross my desk. I don’t remember specifically any company being mentioned. The things that I can specifically remember about George were a visit he suggested I make to Lisbon. He provided me with an envelope that he asked me to hand over to a person at a specific time and place in Lisbon. I flew over there at George’s expense and took a taxi to a hotel that had been booked for me in advance. I was given explicit instructions about the arrangements for the meeting in Lisbon. It was made very clear to me that it was a test and that all I had to do was hand the

 

Signed             Mr “E”                        Signature witnessed by            M. MacLeod DCS

 

 


Witness Statement Page 281

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mr “E”

 

envelope over to the contact. I met the contact after going through a little ritual of saying something to him and he had to respond in a particular way. The meeting did not take very long but I did ask him who he was and he indicated that he was with the KGB and involved in European operations. That was not his words but that was what he meant. I handed the envelope over to him but he did not make any comment. When I returned to London I was de-briefed by George and he asked me an outright question as to whether I had opened the envelope. I told him I hadn’t but as it was in my inside jacket pocket the perspiration may have caused it to have come undone. I wasn’t asked to undertake any other courier work. I cannot recall the date of the visit to Lisbon. The second thing I remember about George was that he asked me if I could procure some micro-chips of some sort. I did not follow this up as it did not seem realistic to me and the fact that I was not prepared to procure it in the first place. The meetings with George tended to be more geographically diverse and we would meet at a particular station and we would go off to venues that had been selected. It was always to restaurants that he had been to before or he knew about them. George was a lot more forthcoming about what he did within the Embassy and told me that he was with the commercial branch within the Embassy. My contact with George dried up around 1982. As with Victor I did not pass any information to George during the time that I knew him. I have been shown a selection of twelve photographs by Detective Chief Superintendent MacLeod and I can identify Victor on the second row, second from the right. I have initialled and dated the reverse side of the photo. I am prepared to attend court to give evidence if requested and subject to my identity not being divulged.

 

Signed             Mr “E”                        Signature witnessed by            M. MacLeod DCS

 


Witness Statement Page 282

 

Form MG 11(T)

 

STATEMENT OF                  Mr “E”

Age if under 21                       Over 21

 

Dated 21 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement to Detective Chief Superintendent MacLeod on 21 June 1993, I wish to indicate that about three months after meeting Victor my suspicions were aroused that he was a KGB agent. I went to the U.S. Embassy in London and reported what had happened. I was then put in touch with the British Security Service and operated under their directions from about mid-1978 to about 1982. I wish to reiterate that whilst I am happy to give evidence in court, if required, it will be on the condition that my identity is not divulged. I have two note books which contain notes that I made following my contact with the Security Service. I can produce these in court if required.

 

Signed             Mr “E”                        Signature witnessed by            M. MacLeod DCS

 


Witness Statement Page 283

 

Form MG 11(T)

 

STATEMENT OF                  Simon STAFFORD (Detective Sergeant)

Age if under 21                       Over 21

 

Dated 25 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday 17th June 1993 I was supplied by Det. Chief Supt. MacLeod with a black and white photograph of a man he apparently knows as Victor OSHCHENKO. Det. Chief Supt. MacLeod directed me to produce a copy of this photograph, which I did, and I marked it with the exhibit identification number SJS/3. He further directed me to produce eleven other black and white photographs with which, including the photograph SJS/3, I should construct an evidential grid of twelve photographs for viewing by a witness. I placed the photograph SJS/3 in the second row, second from the right hand side. I then attached the other eleven photographs to the grid which I then marked with the exhibit identification number SJS/4. On Friday 18th June 1993 I passed the completed grid SJS/4 to Det. Chief Supt. MacLeod.

 

Signed             S. J. Stafford DS                    Signature witnessed by

 


Witness Statement Page 284

 

Form MG 11(T)

 

STATEMENT OF                  Malcolm MacLEOD (Detective Chief Superintendent)

Age if under 21                       Over 21

 

Dated 24 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday 17 June 1993, I gave instructions to Detective Sergeant STAFFORD to produce a further copy of a photograph of a man I now know to be VIKTOR OSHCHENKO. The photograph had previously been supplied by the Security Service in August 1992 and copied at my behest to produce exhibit MM/1. This latest copy was required for inclusion in an evidential grid to be shown to the witness Mr “E”. On Friday 18 June 1993, DS STAFFORD produced the new copy photograph which is exhibited as SJS/3. DS STAFFORD also produced at my instigation a further eleven photographs of persons of similar appearance for inclusion on the grid. These eleven photographs together with SJS/3 were placed on the grid and the complete montage is exhibited as SJS/4. The photograph of OSHCHENKO was placed on the second row and second from the right as one faces the grid. On Monday 21 June 1993, I obtained a statement from the witness Mr “E”. At the conclusion I showed Mr “E” the grid containing the twelve photographs (SJS/4) and he positively identified the photograph SJS/3 as the man he knew to be VICTOR as referred to in his statement. At my suggestion Mr “E” endorsed the reverse side of the photograph. The original photograph of SJS/3 and MM/1 is contained on a Security Service file and had been submitted on 3 February 1978, by the Soviet Ambassador to the Foreign and Commonwealth Office for a certificate of identity for VIKTOR ALEKSEEVICH OCHTCHENKO, who at that time was a Second Secretary at the USSR Embassy. This is the same person whom I met at a Security Service building on 22 February 1993. My previous statement of 19 May 1993 refers.

 

Signed             M. MacLeod               Signature witnessed by

 


Witness Statement Page 285

 

Form MG 11(T)

 

STATEMENT OF                  Robin Paul HOW (I.Eng, Graduate I.E.I.E.)

Age if under 21                       Over 21

 

Dated 25 June 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am employed by the Metropolitan Police as a Communications and Electronics Officer. I have been attached to the Metropolitan Police Audio Tape Laboratory since 1988 and in that time I have examined many hundreds of evidential tape recordings.

 

Today, Friday 25th June 1993, 1 received by hand from Detective Inspector Nicolson an exhibit labelled MG/1. I found MG/1 to be a compact cassette type magnetic tape recording. From the speech track of MG/1 I produced four (4) copy tape recordings which I labelled as follows:

RH/1 - For Court Use,

RH/2,

RH/3,

RH/4.

 

After this copying procedure, MG/1 was sealed into a polythene bag and returned to Detective Inspector Nicolson, along with all copy tape recordings.

 

To help improve the quality of the copy recordings, filtering and gain control techniques have been employed in their production.

 

A full record of work carried out in this case is available for inspection. This will include:

a) Documents created at the time of submission,

b) Trail documents,

c) Original notes of work carried out.

 

Please quote Ref: AL/448/93

 

Signed             Robin How                 Signature witnessed by

 


Witness Statement Page 286

 

STATEMENT OF                  Steven Langford CUNDY

Age if under 21                       Over 21

 

Dated 20 July 1993

 

This statement, (consisting of   9   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v M.J. Smith I have previously examined a number of exhibits and provided to Police, statements of my observations about these exhibits. I have now examined a document entitled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 by Dr. E. Maher and the two volumes of appended references document called the Research Bundle. In respect of these I have been asked whether I agree or disagree with the author’s comments, analysis and conclusions and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. I make the following observations:

 

In his overview Dr. Maher has attempted to draw on his earlier experience as a scientist within laboratories similar to HRC and then to make statements of what he perceives as the role of personnel within a Q.A. department of a modern electronics research laboratory and in particular within the Q.A. department of HRC. Whilst expressing admiration at the ability of Dr. Maher to make inferences on the basis of zero information in relation to the specific case he is supposed to be considering, I have to point out that he has made a fundamental error in failing to distinguish the role of a Quality Control officer/manager from that of a Quality Systems Audit officer/manager. The statements on p2 in paras 3 and 4 implying that the Defendant would have access to “enormous quantity of documentation relating to device fabrication ...” and “would have access to even more documentation not directly related to his work in the Q.A. section ...” are wrong in principle and wrong in fact in relation to the Defendant.

            The further inference, in para 5 of p2, that because “many an inquisitive ... engineer would have drawn up such notes ...” the Defendant’s own notes on the various research projects are excusable and possibly encouraged by Management, starts with a false premise and adducts an incorrect implication. The

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 287

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

false premise is that scientists would have drawn up such notes, they would not; they keep printed matter : combinations of published papers, conference proceedings and internal material issued to them and only then if they were relevant to their assigned tasks. The incorrect implication is that the Defendant was such a scientist. He was not. Dr. Maher has misunderstood the purpose of the Annual Research Report in his comments on p3. The note encouraging wide circulation within your Department is addressed to the GEC recipients external to HRC; I am not aware that the Defendant did seek through normal channels the opportunity to read such Reports. Indeed I have no evidence to suggest that the Defendant did see such Reports. Furthermore I would have expected any “inquisitive or frustrated scientist/engineer” wishing to understand “topics outside his/her normal remit”, to use Dr. Maher’s words, would have used the Annual Report as primary material and then used that trail to other reports.

            In his general descriptions on pages 3 and 4 of public information channels used by scientists, technologists and engineers and later, in the more detailed case by case examination of material in evidence, Dr. Maher fails to make clear that scientific and technical papers and publications issued by most research laboratories are deliberately short of detail. There is always a dichotomy between a declaration of achievement or interest and a wish or need to keep precise know-how out of the public domain. Any material for publication issued by HRC is most carefully vetted to prevent immediate uncontrolled passing of key detail to the public domain; it is our experience trying to follow the contents of papers and publications from our competitors that detail enabling immediate reproduction of results is missing. In our policy on patents, we are careful to distinguish a potential product patent from a potential process patent, often forgoing the possibility of achieving a valid process patent because monitoring the use by others of the detail contained in the patent would be impossible. As I shall argue, the existence of public domain material containing the same key words as seen in the Defendant’s notes, for example, is not proof that the information in the notes is in the public domain. Dr. Maher would apparently only be satisfied that information was not in the public domain if the topic under consideration failed to draw a match from a database.

            In para 4 page 5 we have reference to Q.A. in respect of production. In isolation the statement is correct but it is incomplete and certainly in the context of the overview and what is to follow it is further evidence that Dr. Maher has not clearly identified the roles of Q.A. and Q.C.

            I would take issue (in the context of the issue he is supposed to be considering) with the strong categorical statement made by Dr. Maher in para 3 of p6 “It is quite fallacious to suppose that the more fundamental the research the more secret the

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 288

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

work ...” For this statement to have veracity then the nature of the research must be defined as the search of knowledge for its own sake. Dr. Maher has not really made clear in any part of his document that within an Industrial Research Laboratory work of that nature is extremely rare; it is therefore wrong for him to make this statement without qualification in this context. In a customer-contractor driven industrial research laboratory nearly all the work falls into the categories of strategic research or application driven development, that is to say the possible applications are defined and the possible solutions are to be investigated with only a small uncertainty as to the result. In the final sentence of this paragraph we see that Dr. Maher is now admitting what was not explicit in the overview, that public domain information released by companies does not necessarily contain detail. The topic may be declared, the general progress may be declared but details of method etc may be well suppressed. The second sentence of the second paragraph on p8 is much more explicit in this respect and is a statement we need to bear in mind in the later analysis. In discussing the organisation of an R & D establishment pp 8 - 9 the only comment about this attempt to define matrix management is that it is my direct experience over 6 years as Director of HRC that the information flow between scientists across departmental boundaries at HRC is surprisingly low. Dr. Maher has not identified the role of product champions or the leaders of multi disciplinary projects as the agents of need to know across expertise boundaries. However the more serious criticism of this section is as a result of the implication that the Defendant had a need to participate or actually participated in this information undercurrent. He did not.

            In turning his attention to describing the function of a Q.A. department in an R & D environment, Dr. Maher strays into areas in which he is obviously unfamiliar. The opening sentence of the fourth paragraph on p9 “... giving its staff legitimate access to a colossal amount of nitty gritty information” once again betrays the lack of distinction between a Q.A. and a Q.C. operation and, because of the general tenor of previous words about scientific and technical interchange, is tending to reinforce the incorrect message that anyone in the Q.A. department has a right, has a need or should have the initiative to discover any information within the building. We have to repeat yet again that in the context of this case, the Defendant was employed to audit areas of expertise to ensure that site-wide Quality Policies were being implemented. Those Quality Policies are NOT concerned with specific technology, specific products or specific manufacturing operations, they are definitions of procedures to be followed. Local Technology Specific Documents and Management Handbooks interpret those procedures in a manner appropriate to the task in hand. Q.C. inspectors provide independent evidence that objects meet required specifications.

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 289

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

p22 Exhibit No.2 - ALM/1 - Photograph showing components - JS/14

Dr. Maher has expressed his difficulty in drawing conclusions on the basis of this photograph. I sympathise with his predicament and there is no point in reiterating the findings recorded by me on this. I have previously recorded that associated specification sheets for most of the GaAs devices present in this exhibit were present in other exhibits (the SR/4 bundle), but I agree that Dr. Maher has had no opportunity to verify this. However I must take issue with two points. Firstly the throwaway line that “it is certainly not beyond the realms of possibility for these devices to have been collected by anyone in a research establishment for personal interest”. Let us be more honest - it is highly unlikely that the Defendant had a personal interest in such devices - he is not a semiconductor expert, he was not assigned to any Q.C. matters relating to GaAs devices and there has been a selection. The second point is a fundamental disagreement over the conclusions about reverse engineering. There continues to this day vigorous debates about the merits of various manufacturing processes used for GaAs MMIC’s. Evidence as to which process is used to achieve what performance is most readily obtained from destructive analysis of bare ‘chips’.

 

pp23 - 27 - Exhibit No. 3 - JS/15

I concur with the first sentence in the conclusions p26 and I note the first sentence of paragraph 3 on p26 regarding the non-public domain status of information relating to SAW’s. However the following ‘throwaway’ line: “This is not of use without details of the weapon system itself ...” is misleading to the point of inaccuracy for it assumes the purpose to which the Defendant was intending to use JS/15. If the contents were to be communicated to foreign powers who did already have the details (whatever Dr. Maher means by this) of the weapon system itself then such persons could put the material of JS/15 into context.

            Moreover I note the inconsistency in the logic applied to the analysis of JS/15 and Exhibits No. 9 to 25. The general concepts of SAW devices and BAW devices are known in the public domain, agreed. HRC and/or GEC Operating Units offer versions of such components for sale (but that some such sales might require Government approval). HRC makes specific components with specific properties for specific weapon systems; the precise performance of these latter devices and the manufacturing methods used at HRC are, according to Dr. Maher, for SAW’s not in the public domain (p26), for BAW’s are in the public domain (p46). For SAW’s Dr. Maher does not know the weapon system involved, therefore the non-public domain HRC information is useless according to him; for BAW’s he is aware of the weapon system involved, therefore the HRC manufacturing information is useless. I fail to

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 290

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

understand why different treatments have been applied to very similar evidence material to arrive at contrary conclusions.

 

pp 28 - 31 - Exhibit No. 4 - JS/1 6

Dr. Maher’s analysis here is the start of a series of analyses relating to handwritten notes where similar arguments are used to support his views. Repeated references are made to HRC’s Annual Reports as evidence of public domain disclosures of intent, application and in some cases techniques used in development. I do not accept that HRC’s Annual Reports can be used for that purpose. Firstly they are Company Confidential Reports issued to employees of GEC plc who have in many cases identical and in the other cases similar conditions of employment and terms of engagement in respect of the disclosure of Company Confidential material. I would take the example of Patent Applications to prove that disclosure amongst such a body of people prior to a Patent Application does not constitute prior (i.e. public) disclosure of information. Secondly if Dr. Maher’s stance on this is deemed to be valid then why is it that all the other reports issued by HRC (and there are many very comprehensive and detailed reports issued) are not enjoined in this argument to prove that everything we do, including classified work, is in fact in the public domain?

            There is one final point in respect of the Annual Reports and the use to which they are put by Dr. Maher in the context of exhibited material. The reports may not be particularly (deliberately) accurate declarations of work and they certainly exclude direct reference to classified material but they do cover in a broad manner most of the activity at HRC. If these Annual Reports are invoked as public domain information and by implication a valid source document for the exhibited material in particular JS/16, 17, 18, 19, and 20, then we must consider the question of why only information in JS/16 - 20 has been selected from the vast amount of information alleged by Dr. Maher to be available to all comers including the Defendant.

            In the specific case of Exhibit JS/16 I see no proof that the information contained in

the title of the handwritten document “... for SDI” is in the public domain. The

paragraph, entitled p176, on p29 of Dr. Maher’s report admits the presence of non-public domain information and uses the Annual Reports to reinforce that admission. This is a rare occurrence. Most of the subsequent arguments are developed in the reverse direction - it is in the Annual Report therefore public domain.

            I am not satisfied that Dr. Maher has proved that the work described in JS/16 is in the public domain. He has proved that the concept of Rugate filters is public domain. He has evidence of various deposition techniques, at least one of which was declared not to work. He has evidence of various material systems all closely related to that used in HRC’s work. But this is not enough. He has not assembled evidence to

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 291

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

show that microwave plasma assisted chemical vapour deposition of silicon oxynitrides is a technique known to work. This is contained in JS/16. In straying into the technology to attempt to show that detail in JS/16 is common knowledge, Dr. Maher has made at least one technical error; the gases used in the deposition system are not chosen for the purposes stated on p30 in para 5. We note that Dr. Maher now cites the HRC Annual Reports as public disclosure documents in the last paragraph of p30 and its continuation on p31. The inconsistency of the logic compared to the 3rd paragraph of p29 (paragraph entitled p176) is clear. After all this the conclusion on p31 is a non-sequitur on a grand scale.

 

Exhibit No. 5 - JS/17

I do agree that the heading micromachining will throw up a vast number of citations. However I might expect an expert faced with one specific question to be more selective in citations than Dr. Maher already has been in dealing with the material in JS/17 - the relevance of deformable bridges, levers, membranes and motors to the material in JS/17 is tenuous to say the least.

            Page 158 of the research bundle contains two words of passing relevance to JS/17 - flow meters; Page 159 is irrelevant; page 160 expands the flow meter theme and obviously refers to gaseous flow - not relevant to JS/17. Page 166 declares “we badly need drive mechanisms capable of producing high force and high displacement simultaneously. The planar nature ... is a major limitation for many future systems including microvalves and pumps”. This is the substance of JS/17. Pages 169 -173 are irrelevant in the context of the question to be answered. Following this nothing up to p183 is relevant. The relevance of the bulk of the material in the research bundle is very low. I turn to p33 of Dr. Maher’s report. I note repeated use of the argument that references in HRC’s Annual Report constitute public domain disclosure. There is even the most outrageous attempt to use the contents of the Annual Report dated June 1992, issued no earlier than September 1992 (see the dated organisation chart), to prove that items in JS/17 were in the public domain - see paras 1 and 3 p33. JS/17 was dated June 1992; the Defendant left employment on 31st July and was remanded in custody I believe from August 8th 1992 onwards. In my own statement of 11th August 1992 I made comments about the fact that at that time I did not recognise the written comments in JS/17 about the cryogenic cooling and spiral fluid diode. In fact I remained unaware that members of my staff were conducting preliminary work on these topics until I came to read the proof copy of the July 1992 report, well after August 11th 1992. At that point my colleagues and I were able to understand the process which the Defendant used to acquire knowledge.

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 292

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

In the second paragraph p33 I see that Dr. Maher is determined to establish a win situation using the most tortuous logic. At last: the precise details in JS/17 are not in the public domain. However Dr. Maher does not understand the details and so they are declared not meaningful. That is not a fair comment to pass and proves nothing about the content of JS/17.

            The third paragraph suffers from time travel problem referred to above. Therefore the correct conclusion is that the cryogenic refrigeration concept was not in the public domain at the time that JS/17 was created. Dr. Maher does not understand the detail but yet again passes comment on the value of the material.

            The conclusion to this section on p34 is hardly defendable; many specific items in JS/17 were plainly not in the public domain.

 

Exhibit No. 6 JS/18

Whilst I accept that a reading of some of the Patents that are released for public examination proves that some information contained in JS/18 is in the public domain, I still need to point out how biased the conclusions reached by Dr. Maher are in view of his own statements about this exhibit. The question to be answered appears to be “Is the exhibited information available in public/scientific domain”. On p35 penultimate paragraph, the first paragraph p36, the third paragraph p36, the fourth paragraph p36, second paragraph p37, paragraph 5 p37 and the last paragraph p37, Dr. Maher suggests information, for one reason or another, is not public domain. There is scant acknowledgement of this in the conclusions on p38.

            I note that Dr. Maher is admitting the process of inference in dealing with JS/18 and related information and is further using his technical understanding to make statements like “but seems intuitively correct” (p37 para 5). This is an important point he is perhaps inadvertently making. To a technical expert even a scrap of information when put into context has value, even if it is to say that something does not work.

            Dr. Maher has correctly identified the military antecedents of the technology described in JS/18 on the basis of a reading of HRC’s Annual Reports and available Patents. There is one current military descendant of the technology described by Dr. Maher. An expert with perhaps more contextual material could begin that deduction.

 

Exhibit No. 7 - JS/19

On page 40, paragraph 4, Dr. Maher has used the time warp again to claim that information in JS/19 was in the public domain at the time it was written. There are details in JS/19 that plainly were neither public domain nor were recorded in the Annual Report at the time JS/19 was written.

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 293

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

Exhibit No. 8 - JS/20

Dr. Maher is correct in his general comments about gas sensing using a variety of coatings on SAW devices - the principles have been known for some time. The fact that HRC has recently (on this decade timetable) started work however should have alerted Dr. Maher to the fact that there is something new here. JS/20 gets close to revealing the novel content. The detail about our programme in JS/20 is not precisely in the public domain, in particular the sensitivities achieved and the reproducibility of individual sensors achieved we would claim is important non-public domain confirmation of achievement.

 

Exhibit No. 9 - 25. etc

I reference the pages 43 - 46 of Dr. Maher’s report. I have already drawn attention to the differences in treatment Dr. Maher has applied to the section on SAW devices to that of the present material relating to BAW’s. I agree the principle of BAW’s is well known, we agree the existence of the Rapier missile system and broad details of its alleged characteristics are in the public domain. I also agree that HRC has advertised effectively to the public domain, but in practice to a select few concerned with military systems, that generic devices can be developed for specific applications. However I strongly disagree with Dr. Maher’s sweeping generalisation that therefore Cossor’s blueprints, the manufacturing schedule for devices for a specific purpose and the identification of that purpose as military equipment (via NATO coding on the blueprints) are public domain. As I have mentioned before Dr. Maher apparently would only be stopped in his tracks if the relevant military system was unknown to him or Janes, the components were based on new physical principles and the materials involved had only recently been synthesised. These are in fact inconsistent criteria; a highly reliable military system is unlikely to employ highly novel components or materials.

 

SR/4 Bundle

I reference pp 47 - 52 of Dr. Maher’s report. In respect of the material relating to infra-red detection devices I note the first sentence in Dr. Maher’s conclusions and the further use of the argument that the systems are known, the principles are known therefore the details of how to manufacture the critical item are public domain. Dr. Maher has not demonstrated that the flow chart of how to assemble the device is in the public domain. He is not admitting the argument that details are incremental in the right hands or could be of use; he is using the argument that not enough detail is present to dismiss the potential value. In broadly citing the level of detail exposed in HRC patents (page 575 to 602 of the Research Bundle) Dr. Maher has failed to distinguish the various products and processes involved and has thus formally failed to prove that the patents refer to the information contained in the SR/4 Bundle.

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 294

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Steven Langford CUNDY

 

He has assumed, as in other parts of his report, that because certain key words appear in the title that the information is related and more importantly in this particular case, assumed that what is described in the Patent is in fact what was used in the production process which is disclosed in the SR/4 Bundle. I make specific reference to the pages in the Research Bundle:

            575 - 584 This generic patent does describe detail and it describes two possible processes. Dr. Maher gives no proof that SR/4 documentation includes any one of these processes; even if it did, the selection of one process for production is independent important non-public domain information.

            585 - 591, 592 - 597 and 598 - 602 all refer to photodiodes and material deposition systems not involved in the SR/4 information.

            The general articles included in Dr. Maher’s Research Bundle prove nothing about the detail of SR/4; in particular there is no proven link from the civil users of I.R. systems to the military component which was manufactured at HRC and whose manufacturing details were contained in SR/4.

            In respect of CMOS on SOS I can accept most of what Dr. Maher reports on p51 of his report. He is absolutely correct - the procurement specifications are important matters which affect yield and performance of devices. Those skilled in-the-art could use a declaration of an incoming specification, some of which is known to a supplier but some of which is not known to a supplier, to calibrate the likely performance of finished devices in a military context.

 

Signed             S. L. Cundy    Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 295

 

Form MG 11(T)

 

STATEMENT OF                  Dennis Geoffrey BARLOW

Age if under 21                       Over 21

 

Dated 29 June 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v M J Smith, I have previously provided to police statements on my observations on a number of exhibits, and latterly on quality assurance procedures. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 by Dr Eamonn Maher. In respect of this I have been asked whether I agree or disagree with the author’s remarks concerning quality assurance and whether as a result of my examination I wish to add, alter or retract anything I’ve previously stated. I make the following observations. In his summary on page 2, Dr Maher indicates that M J Smith had “access to even more documentation not directly related to his work in the QA section”. Legitimate access in the role of Quality Audit Manager would be limited to those documents describing procedures and activities associated with management systems. Detailed information specific to products or contracts would only be consulted if a system was considered ineffective and a product or service was believed to be compromised in quality terms. There was no professional need for notes for personal use, as Dr Maher suggests in the 5th paragraph, but Dr Maher is correct when he states that M J Smith would not have required some of the material in either of his roles (as quality engineer prior to 1987, and as Quality Auditor from 1987 to 1992). Dr Maher continues this theme in the Overview (another page 2) and implies that making notes would be encouraged and form part of the company policy on training. Our policies are very clear and state that all project and work-related notes should be made in formal “blue books” issued by the company. Notes are not mentioned in the company training policy. It is also important to note

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 296

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

that M J Smith’s position was not as a scientist or engineer, as he had failed to perform satisfactorily in this type of role when he first joined the company. Concerning the circulation of the HRC Research Report mentioned on page 3, M J Smith had received a copy of the index page of these reports from me with an offer to view articles of interest. I am unaware of any request from him to read such articles. The background information on page 5 states that a “QA department will always be present whenever production runs, however small, are carried out”. This statement may mislead the reader to believe that QA applies only to production, whereas in reality it is applied to all activities from concept to design, development, production and after sales service. Consequently a systematic approach is more relevant than specific product performance, as far as system quality auditing is concerned. On page 9, Dr Maher indicates that only QA staff have legitimate access to a “colossal amount of nitty-gritty information”. This is true for a quality engineer, but not the case for auditing of the quality system. M J Smith did not have legitimate access to detailed contract or product information. I concur with Dr Maher’s comments on pages 9 and 10 concerning the diversity of knowledge needed by a QA Engineer, but must emphasise that M J Smith was not a QA Engineer but a Quality Audit Manager concentrating on management systems. The statement on page 10 that a “QA engineer is responsible for verifying” indicates that the author has not understood fully the modern approach to assuring quality, as opposed to the routine activities of Quality Control and Inspection. On page 18, the author mentions “inputs” and “outputs” in the classical sense of quality, but fails to mention customer’s orders or contracts which are the most important input. On page 19, DEF STAN 05-21 is stated as “the equivalent standard required by the MOD in the UK” but this was abandoned by MOD in the late 1980s in favour of direct application of AQAP1 Edn 3 and more recently of IS09001. The reference to BS9450 implies it is a commercial standard, but omits to mention that its application to state of the art components is almost always driven by the Military. In the case of HRC, all BS9450 exercises have been associated with Military Projects. The last statement of page 19 “In order to maintain BS9000

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 297

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

certification, the manufacturer is obliged to perform batch sampling at regular intervals according to BS9450”. This statement is incorrect in two ways. Firstly, BS9000 certification is not contingent on BS9450 but may be granted for other standards and is based on a company’s quality control system. Secondly, BS9450 does not describe batch sampling (this is described by BS6001) but details a regime of systematic product and test vehicle evaluation (the test vehicle is a CQC - capability qualification component). BS9000 does not require “statistical analysis ... to infer the characteristics of the batch as a whole” but relies upon declared specification limits, which is contrary to the statement across pages 19/20. In summary, three points need to be made. Firstly, the author has misunderstood the modern roles of quality assurance, quality control and inspection. Secondly, he has implied that M J Smith was a quality engineer throughout his employment at HRC (in fact this role ceased in 1987). Finally, his statements concerning BS9000, BS9450 and DEF STAN 05-21 are erroneous. I do not wish to add to, retract or alter any of my previous statements.

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 298

 

Form MG 11(T)

 

STATEMENT OF                  Gerald Herbert SWALLOW

Age if under 21                       Over 21

 

Dated 29 June 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v/s M J Smith I have previously examined a number of exhibits, JS 14-38 inclusive, and have provided to police a statement detailing my observations on them. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 and written by Dr Eamonn Maher as well as the two volumes of appended reference documents. In respect of these I have been asked whether I agree or disagree with the author’s remarks concerning Delay Lines (contained in pages 43-46 inclusive) and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. In paragraph 3 on Page 46 Dr Maher states that bulk acoustic delay lines are not as difficult to fabricate as SAW devices. This is not so since very precise control of the thickness of the material used is needed, fractions of a micron, and the piezoelectric material must be of the highest crystalline quality after deposition which requires very great attention to complex detail. I concur with his observation that the documentation referred to on page 44 would enable anyone with the appropriate equipment to reproduce both 29 microsecond and 26.4 microsecond lines and to test them to the correct specification. This is exactly their purpose within HRC. On page 45 at the end of the first paragraph Dr Maher states that HRC documents refer to the centre frequency of the Mark III delay line at 3 GHz. This is not the case. The precise centre frequency of operation of delay lines is never referred to in the public domain, only representative frequencies of operation are quoted. The operating bandwidth of the delay lines in question can only be ascertained from the procurement specifications,

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 299

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Gerald Herbert SWALLOW

 

copies of which were contained in the exhibits I have previously examined. This information could be useful to anyone developing counter measures. Dr Maher further states that both 29 microsecond and 26.4 microsecond devices are commercially available; these could only be supplied to the customer for whom they were developed. Any differing requirement would require a different specification. The examples quoted were used to show general capability in broad terms. I agree that the concept of the device is illustrated in the paper by Meirion Lewis referred to on page 45. It is however a far cry from the concept and prototype which is sketched, to being able to produce reliable units repeatedly to a tight specification. It is incorrect to say in the fourth paragraph that to make 29 microsecond and 26.4 microsecond devices only the dimensions are changed. The r.f. matching and packaging of the devices is also different. The sub-system referred to in the last paragraph on page 45 does not contain either of the above devices and operated at a different frequency and bandwidth. The paper referred to as Inspec paper number 0900195 deals with Ultrasonic delay lines and reflections; no reference is made to lines operating at MICROWAVE frequencies of the order of 3 GHz. These are more difficult to achieve. Dr Maher states in the penultimate paragraph of page 46 that “bulk acoustic delay line technology has now been rendered obsolete”. This is not the case. Bulk acoustic wave devices are being developed for use in the current EUROPEAN FIGHTER AIRCRAFT project by GEC Marconi. In his conclusion Dr Maher states that the fabrication techniques are in the public domain. I agree that the general principles fall into this category but the process is a difficult one requiring state of the art technology and the wealth of processing and test detail contained in the exhibits examined, which amount to a “Mrs Beaton” recipe, is commercially confidential and results from years of work. In my opinion no electronics manufacturer could justify the expense of setting up the necessary equipment because the cost of the product is high with very little civil application at present. All lines manufactured after development at Hirst Research Centre have been for military applications.

 

Signed             G. H. Swallow                        Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 300

 

Form MG 11(T)

 

STATEMENT OF                  Adrian Clement GREENHAM

Age if under 21                       Over 21

 

Dated 1 July 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina versus M J Smith, on 20th May 1993 I examined exhibit JS16, a handwritten document titled “Rugate Filters for SDI” and then provided to police a statement based on my observations. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 by Dr Eamonn Maher and the two volumes of appended reference documents. In respect of these I have been asked whether I agree or disagree with the author’s remarks concerning “Rugate Filters for SDI” contained at pages 28 to 31 inclusive and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. I make the following observations: The papers referred to on pages 152, 153 and 154 are about methods of fabricating rugate filters which are different from the microwave plasma assisted chemical vapour deposition technique used at Hirst Research Centre. Furthermore the paper referred to on page 152 describes varying the ratio of silicon to nitrogen in silicon nitride whereas the Hirst Research Centre process varies the ratio of oxygen to nitrogen in silicon oxynitride. I note that on page 30 paragraph 2 reference is made to a Hirst Research Centre Report which I believe to be not in the public domain. The statement on page 30 paragraph 4 about details of gases used is irrelevant as the gases are not used for the purposes described in the Hirst Research Centre process. I note also that on page 29 paragraph 2, attention is drawn to the Wright Patterson Airbase as sponsors whereas there is no reference to this establishment in document JS16. The conclusions drawn by Dr Maher are broadly correct, given that he has cited Hirst Research Centre reports as sources. However, as stated above, the references

 

Signed             A. C. Greenham                      Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 301

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Adrian Clement GREENHAM

 

he has cited from the scientific literature do not in my opinion establish that the application of microwave plasma assisted chemical vapour deposition to the fabrication of rugate filters is within the public domain.

 

Signed             A. C. Greenham                      Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 302

 

Form MG 11(T)

 

STATEMENT OF                  Guruge Elmo Lakshman PERERA

Age if under 21                       Over 21

 

Dated 1 July 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of R v M J Smith, on 20th May 1993 I examined the exhibit JS17, a handwritten document titled “Micromachining Project” dated June 1992, and then provided to police a statement based on my observations. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 by Dr Eamonn Maher and the two volumes of an appended reference document. In respect of these I have been asked whether I agree or disagree with the author’s remarks concerning the Micromachining Project contained at pages 32-34 inclusive and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. I make the following observations: First paragraph of page 33 is only partially correct, although this information can, indeed, be obtained from the scientific literature. The specific applications and order of appearance in JS17 could only have been obtained from HRC. Some general information has appeared in HRC Research Reports. However, HRC Research Reports are company confidential and therefore cannot be treated as information in the public/scientific domain. Second paragraph of page 33 refers to a diagram of a pressure transducer. To my understanding, this has been picked up from the second page of the JS17 document. This is in fact not a pressure transducer as noted by the author of the JS17 document. This was a copy of a colour transparency shown by me during the lecture to a Hirst audience on the 10th of June 1992 as part of a micro-transduction technique, using electrostatic force between two parallel plates. The last sentence of the second paragraph states that the details in JS17 document “are not meaningful without further elaborations”. This in my opinion is not true.

 

Signed             G. Perera                     Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 303

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr Guruge Elmo Lakshman PERERA

 

Devices shown in schematic representation are significantly important to competitors who are in this field of technology. The concept, which is very novel, is revealed by such sketches, and performance specifications can influence and assist competitors. Third paragraph of page 33 refers to the third page of the JS17 document. First part of the third page gives performance predictions of the micromachined cryocooler. These values are significant as they show: (i) a capability and (ii) our plans for future developments. Once again, a competitor versed in such technologies would find this information beneficial in setting their own strategies and plans.  These values could only have been obtained from HRC. It could not have been found in the scientific literature/public domain. Neither in precise values nor in order of appearance. The information is, therefore, not in the public domain. The design for the printhead could not be deduced from knowledge of the aim of the project and the open literature. This idea is very novel. The conclusion of Dr Maher’s report on the third paragraph of page 33 is very naive and unrealistic. CONCLUSION Citing the vast literature where the words micromachining or micromachined are used does not answer the question of whether the specific information revealed in JS17 is in the public domain. Not one cited example refers to microcryo refrigeration with specific performance predictions. Citing our own Annual Research reports in support of the public domain argument is wrong. Even more so when the only mention of microcryo refrigerator with a 115 microwatts of refrigerating power (and not with 114 microwatts of refrigerating power as in JS17 document) was produced many months after the date on JS17; June 1992. In respect of the statement I made on 20th of May 1993 I would wish to qualify the sentence “None of this information has been published in scientific literature to date” as a reference to the contents of only the first page of JS17.

 

Signed             G. Perera                     Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 304

 

Form MG 11(T)

 

STATEMENT OF                  Peter Miles BRIGGINSHAW

Age if under 21                       Over 21

 

Dated 1 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of R v M J Smith, on 20th May 1993 I examined exhibit JS18, a handwritten document titled “Quasi-Optical Car Radar” and then provided to the police a statement based on my observations. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 and written by Dr Eamonn Maher and the two volumes of appended reference documents. In respect of these I have been asked whether I agree or disagree with the author’s remarks concerning quasi-optical car radar contained at pp.35-38 inc. and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. I make the following observations: Dr Maher in his document (p35, para. 4) has repeated the error made by the author of JS18 in referring to the quasi-optical car radar project as being the “Omega-Prometheus project” whereas in fact it is part of the Prometheus programme co-ordinated under Eureka. On p.35 para. 6 of Dr Maher’s document reference is made to “the patent application filed by Peter Brigginshaw on the 8th of January 1992”. In fact this patent application which relates to a radar detection system was filed by Balbir Kumar who was a member of my group. This patent application refers to the use of 3 antenna elements (patches) capable of simulating a scanned beam by switching the received signal from each patch in quick succession. The patch antennas described in this patent application are not “active”, i.e. they do not incorporate semiconductors such as mixer diode assemblies. The diagram referred to on p.37 para. 3 of Dr Maher’s document which shows patch mixers, i.e. square patch antennas with diodes attached to opposite corners, is not associated with the Kumar patent application. The concept of the patch mixer was the subject of a patent application filed in October 1992” (Patent Application No. 9221274.5, 9th Oct 1992).

 

Signed             P. M. Brigginshaw      Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 305

 

Form MG 11(T)

 

STATEMENT OF                  Dr Donald James WEIR

Age if under 21                       Over 21

 

Dated 29 June 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of R Vs M J Smith, on the 21st May 1993 I examined exhibit JS20, a handwritten document titled Olfactory Research Project and then provided to police a statement containing my observations of this. I have now examined a document titled Analysis of Exhibited Material from a Technical Standpoint dated June 1993 written by Dr Eamonn Maher and relevant sections from the appended reference documents. In respect of these I have been asked whether I agree or disagree with the author’s remarks concerning the Olfactory Research Project contained on pages 41 and 42 and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. I make the following observations concerning the section entitled “General” (p.41); two patents are cited (p.375-405 of the Research Bundle). Only one of these is associated with the Olfactory Research Project (p.396).  The section entitled “Analysis of the Documentation” discusses the term “Polysiloxine” used in JS20 and observes that this material has been mentioned in a publication relating to gas sensing. It should be noted that this publication was found via a computer search in which search terms were pre-specified and spelt accurately. I cannot think of a reason why such a search would have been commissioned by a member of the QA department without discussing the matter with me first. The author observes that he cannot find another reference to a 261 MHz device in the literature but that the precise frequency is not significant. It does make it probable that the information in JS20 is an attempt to describe details of the work on Olfactory Research undertaken at HRC. Further, the information about the frequency of SAW devices used at HRC has not been put in a public domain document. Thus the information in JS20 is not entirely in the

 

Signed             Donald Weir   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 306

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr Donald James WEIR

 

public domain. The author suggests that spin coating is a technique/method that HRC have found most convenient to apply polysiloxane. This is incorrect and reflects Smith’s (author of JS20) lack of expertise as does the 4th paragraph of JS20 on which I concur with Dr Maher. Dr Maher claims the remaining paragraphs are “all extremely general principles”. They are not. The last paragraph attempts to state to an order of magnitude accuracy the sensitivity of a SAW device chemical sensor. This is a technical detail that forms a large part of the sensor performance specification. The same applies to the penultimate paragraph. Dr Maher suggests that “principles, applications and indeed manufacture of these devices” are in HRC reports, public domain literature and patents. In fact very little about manufacture (as opposed to prototype fabrication) is present, especially methods of reproducible application of coating material which is mentioned in JS20. Note that again this information was found by computer search using pre-specified terms. The reference to HRC Reports are to Company Confidential documents. Dr Maher’s conclusion is that “There are no concepts in these notes that are not in the public domain”. There are however a number of details such as the frequency of SAW resonator, the sensitivity achieved, the reference to spin coating and reproducible fabrication that are not in the public domain (open publication) and make it clear that JS20 describes the status of the work at HRC. Further, as Dr Maher points out, the author of JS20 is clearly a non-expert in the field. This makes it unlikely that he could specify the terms necessary for a computer search to find the relevant literature without assistance. It is also unlikely that such a non-expert could discriminate between valuable and public domain information. In my previous statement I pointed out that “the make-up of the document suggests an attempt to concisely state the technical status of the project by someone who does not fully understand the key engineering issues”. I would like to add that by technical status I refer to aspects such as device sensitivity and reproducibility, rather than the concept of using a piezo-electric device for chemical sensing.  This technical status information is potentially as or more important as concept.  For example, the concept of an electrically powered car is in the public domain, however

 

Signed             Donald Weir   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 307

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dr Donald James WEIR

 

the technical status of particular development programs would nevertheless be valuable to a competitor.

 

Signed             Donald Weir   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 308

 

Form MG 11(T)

 

STATEMENT OF                  Dr David Ian WEATHERLEY

Age if under 21                       Over 21

 

Dated 14 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v. M.J. Smith, I have previously provided to Police statements on my observations on a number of exhibits, JS16, JS17, MN15 - a photocopy of JS18, JS19, JS20, JS21-JS38 inclusive, SR4, the devices contained in exhibit JS14, and JS15. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” dated June 1993 by Dr Eamonn Maher. In respect of this I have been asked whether I agree or disagree with the author’s remarks and whether as a result of my examination I wish to add, alter or retract anything I have previously stated. I would make the following points relating to disagreement I have with Dr Maher’s analysis: (a) I believe that the majority of the information under discussion would not be made freely available to anyone lacking legitimate reason for requesting it. Hence, I believe that it cannot be truly “in the public domain”. (b) All the information under discussion has at least dual defence/civil applications whilst some of it (e.g. Rugate filters, Rapier delay lines) is relevant only to defence applications. It is my belief that none of the items are relevant only to civil applications, (c) Some disclosures are definitely damaging, in particular the ones relating to the thermal imager detector process flow chart contained in exhibit SR/4. Although published papers (including patent applications) contain much more detail in many material aspects of CMT devices and fabrication techniques, they omit crucial and sensitive process information of the sort which is contained in this exhibit. Multi-element TED detectors are still the subject of COCOM restrictions, their applications are predominantly defence-driven, and they enable The West to maintain a lead in key areas of weaponry and tactics. I do not wish to change in any way my initial statement.

 

Signed             D. I. Weatherley         Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 309

 

Form MG 11(T)

 

STATEMENT OF                  Professor Charles Thomas ELLIOTT

Age if under 21                       Over 21

 

Dated 23 July 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a Chief Scientific Officer, Grade IV, Individual Merit at DRA, Malvern. I have the following qualifications, a BSc in Physics and a PhD in Electrical Engineering and I am a visiting Professor at Heriot-Watt University. I am a Fellow of the Royal Society. I have been working on infra-red detectors and thermal imaging since 1971 and I was responsible for the research and development of the infra-red detectors for the UK’s thermal imaging systems in use with all three British Armed Services. I invented the detector now known as TED or ‘Sprite’ in 1974. I have been shown two pages of production process flow diagrams numbered as pages 491 and 492 [269/1+2]. The sheets indicate the steps which would have to be taken and the order in which processes would be carried out in order to fabricate the TED/Sprite detector starting from a wafer of CMT material. This would be of value to an organisation or firm which intended to fabricate the devices. The individual processes detailed may be in the public domain through patent publications and scientific literature but what this document does is to identify those which work well and the schedule of putting them together. This would not be available in the public domain and this knowledge would shorten development time necessary to set up production. Firms of ‘friendly’ countries may be permitted to manufacture these devices under licence. The export of these devices is strictly controlled. Information of this sort would undoubtedly be of value to a potential enemy which did not possess an infra-red capability. I have been shown a report by Dr Eamonn Maher entitled “Analysis of Exhibited Material from a Technical Standpoint” and been asked whether I agree or disagree with its contents on the Process Flow Chart. I believe this document underestimates the value of the

 

Signed             C. T. Elliott     Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 310

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Prof. Charles Thomas ELLIOTT

 

Process Flow Chart to an enemy or competitor. It is true that not all the critical details are identified but it would help a potential manufacturer to establish a viable process more quickly.”

 

Signed             C. T. Elliott     Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 311

 

Form MG 11(T)

 

STATEMENT OF                  Martin MORRISSEY (Detective Inspector)

Age if under 21                       Over 21

 

Dated 26 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On the 23rd. July 1993 I visited the Defence Research Agency in Malvern, Worcestershire and showed to Professor Charles Thomas ELLIOTT two pages marked 491 and 492 of a copy of exhibit SR/4. These two pages are the first two pages of exhibit SR/4, being referred to as a “Process Flow Chart” by the other witnesses in this case. This pagination refers to the Police report submitted to the Crown Prosecution Service.

 

Signed             Martin Morrissey D.I.             Signature witnessed by

 


Witness Statement Page 312

 

Form MG 11(T)

 

STATEMENT OF                  Hugh Murdoch LAMBERTON

Age if under 21                       Over 21

 

Dated 23 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina vs. M.J. SMITH I have provided statements to Police on the basis of my examination of exhibits SR/4, AW/2 - AW/6. I have been shown the report entitled “Analysis of Exhibited Material from a Technical Standpoint” by Dr Eamonn Maher, and the associated documents. I have been asked whether I agree or disagree with this report in those areas relevant to my previous statements and whether I wish to alter, add or subtract from them. I make no comment on my statement of 11th August 1992. In respect of my statement of 3rd November 1992 the only change I would make is to delete the word “full” from line 5 of the typed copy. I disagree with the conclusion drawn on page 49 of Dr Maher’s report. In outline the broad techniques of TED manufacture are in the public domain but know-how on the process is the key to manufacturability. The flow chart encapsulates this detailing exactly what processes are used, in what order, which are judged critical and which are proprietary. The advertisement of thermal imaging equipment using Sprite detectors for commercial purposes does not mean that supply worldwide to any country is permissible. The level of detail exposed in the HRC patents covers a range of possible embodiments but does not specify the details of the actual proven manufacturing process such as those detailed in the chart.

 

Signed             H. M. Lamberton        Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 313

 

Form MG 11(T)

 

STATEMENT OF                  Meirion Francis LEWIS

Age if under 21                       Over 21

 

Dated 23 July 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

With reference to my earlier statements of 11th August and 3rd November 1992, I have now been shown a report by Dr Eamonn Maher entitled “Analysis of Exhibited Material from a Technical Standpoint” and asked if I agree or disagree with the conclusions, and whether I wish to alter or add to my previous statements. Basically, the comments and conclusions are consistent with my own earlier notes. We are all well aware of a large published literature on SAW devices and their broad areas of application. However, the detailed information contained in the exhibits is still of value to a potential adversary and/or commercial competitor. For example, the association of operating details such as frequencies or delay times with a particular system allows that system to be jammed. Similarly, the knowledge that GEC has developed a reproducible gas sensor using SAW techniques is valuable because the subject has been investigated for nearly 20 years in various laboratories and to my knowledge no such devices are yet available commercially for reasons such as the lack of reproducibility of performance. The final comment I would make is a very general one and concerns the information available in the scientific literature. Much of this information is exploratory and incomplete, and often most optimistic. This is because scientists are keen to publish as soon as possible due to competition to be first. Sometimes, of course, the publications are in error. Most scientists are aware of this, and the need to check carefully the claims/findings made by other scientists. As an example, consider the recent highly publicised events on “nuclear fusion in a test tube”. By contrast, the documents involved in this case represent the results of work

 

Signed             M. F. Lewis     Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 314

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Meirion Francis LEWIS

 

conducted precisely to identify the truth, validity, manufacturability and usefulness of devices described in the literature. They are therefore of greater value to an enemy or commercial competitor than the original published papers. The statement on p.46 of the report to the effect that bulk acoustic wave delay lines technology “has been rendered obsolete by the advent of GaAs integrated circuits operating at high frequencies and advances in optoelectronics generally” is quite misleading. While it may be true that optoelectronic techniques can in principle outperform bulk acoustic wave devices in some respects the latter are small, rugged reliable proven devices that operate over a wide temperature range and are passive (require no power supplies). By contrast, optoelectronic devices are mechanically fragile, temperature-sensitive, active (require stabilized power supplies) and are currently very expensive.

 

Signed             M. F. Lewis     Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 315

 

Form MG 11(T)

 

STATEMENT OF                  Alison Meryl HODGE

Age if under 21                       Over 21

 

Dated 23 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

With reference to the statement I made on 3rd November 1992, I have been asked to examine a report by Dr Maher entitled “Analysis of Exhibited Material from a Technical Standpoint”. I have examined information in this report, in particular the section on CMOS on SOS on pages 50 to 52. The comments he makes are in line with my own statement. The silicon on sapphire specification as Dr Maher comments is similar in many respects to the standard specifications for SOS wafers as supplied by Kyocera. However, the GEC specification does include additional information. It indicates Kyocera as the Approved Supplier even though others exist. It is marked Company Confidential. I do not wish to alter my previous statement.

 

Signed             A. M. Hodge   Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 316

 

Form MG 11(T)

 

STATEMENT OF                  Michael ALLENSON

Age if under 21                       Over 21

 

Dated 12 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina vs M. J. Smith, on 3rd November 1992 I examined exhibits SR4 and devices from exhibit JS/14. I have now examined a document titled “Analysis of Exhibited Material from a Technical Standpoint” by Dr Eamonn Maher and appended reference documents. I have been asked whether I agree or disagree with the author’s remarks concerning Gallium Arsenide devices which I find on pages 21 & 22 from Dr Maher’s report. On page 21, referring to exhibit SR4, Dr Maher concludes that the documents relating to GaAs are ‘Advanced Product Information’. I agree with this conclusion which is broadly similar to my statement of November 3rd. On page 22 Dr Maher, referring to ALH/1 a photograph showing components from JS14, comments that without examining these components under a scanning electron microscope or other analytical facility it is difficult to draw any conclusions as to whether these devices are in the public domain. He is correct in this observation for the GaAs devices.  I cannot comment for the other devices.

 

Signed             M. Allenson    Signature witnessed by            A. Walsh DS

 


Witness Statement Page 317

 

Form MG 11(T)

 

STATEMENT OF                  Keith Loder LEWIS

Age if under 21                       Over 21

 

Dated 20 July 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v M.J. Smith, on 11th August 1992 I examined Exhibit AW/2 (Rugate Filters for SDI) and then provided to police a statement based on my observations. I have now examined a document titled ‘Analysis of Exhibited Material from a Technical Standpoint’ dated June 1993 by Dr Eamonn Maher and appended reference documents. In respect of these I have been asked whether I agree or disagree with the author’s remarks concerning Rugate Filters for SDI contained at pages 28-31 and whether as a result of my examination I wish to add, alter or correct anything I have previously stated. I make the following observations:-

 

1. My original statement highlights the fact that many of the technical details relating to the work had been published in the open literature. The concept of the rugate filter has been in the public domain for several years as Maher’s report correctly states. In fact, unclassified aspects of the work carried out under GEC contract SLS 22A/15 had been published at the Boulder Damage Symposium and subsequently in text (SPIE Vol 1441, pages 316-326, 1990).

 

Signed             K. L. Lewis     Signature witnessed by            C. Bennett DC

 


Witness Statement Page 318

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Keith Loder LEWIS

 

2. The major issue is the association between rugate filters and the classified area of sensor protection. Document AW/2 makes this association in the case of goggles tuned to laser frequencies. It also makes the point that multi-notch filters are useful for detecting unknown frequency targets as in SDI. This latter piece of information is not in the public domain; in fact it is very similar to information provided in Annex B to contract SLS 22A/15, classified at Confidential level. I hold a copy of this document and could provide it for the court’s examination if necessary.

 

3. The graphs drawn in document AW/2 are clearly not taken from publicly available reports. In SPIE Vol 1441, the optical characteristics of rugates produced were shown as being those of high reflectance mirrors, suitable for use in laser cavities, for example. In comparison, document AW/2 shows the optical characteristics as those of rejection filters, with ‘negative’ peaks. These are very similar to those shown in GEC Progress Reports on contract SLS 22A/15, such as in Report No. 17386C, classified at UK Restricted Level. All reports in contract SLS 22A/15 were classified at this level.

 

4. There are major differences in US and UK classification guidelines in the area of sensor protection, and even within the US there can be differences in US Air Force and US Army guidelines. Within the UK, most activity is classified at Confidential and above and until recently even the existence of the UK programme was classified.

 

Signed             K. L. Lewis     Signature witnessed by            C. Bennett DC

 


Witness Statement Page 319

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Keith Loder LEWIS

 

5. There is no commercial application for rugate filters with up to LO notches, such filters are firmly in the area of sensor protection. There would seem to be little advantage in offering such information to a commercial competitor. In any case the association with SDI would be irrelevant to any commercial exploitation.

 

6. The work carried out under GEC contract SLS 22A/15 was being funded by the USA on the basis of confidence in the UK’s ability to administer and maintain classified information in technical areas relating to sensor protection. The information presented in document AW/2 in my view undermines that level of confidence and in so doing prejudices the interests of the State.

 

Signed             K. L. Lewis     Signature witnessed by            C. Bennett DC

 


Witness Statement Page 320

 

Form MG 11(T)

 

STATEMENT OF                  H. A. DEADMAN

Age if under 21                       Over 21

 

Dated 20 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v M.J. Smith, on the 11th August 1992 I examined exhibits AW/4 and AW/5 and provided to police a statement based on my observations. I have now examined a document titled ‘Analysis of Exhibited Material from a technical standpoint’ dated June 1993 by Dr Eamonn Maher and appended reference documents. Exhibits AW/4 and AW/5 were handwritten notes on specific applications of technology. In general, the publications from which these notes were derived would not be in the public domain being commercially sensitive. The specific reference to the application of quasi-optic antennas to guided missiles in my view should be classified as RESTRICTED, as quasi-optic antennas are only used for millimetre wave systems with one defence application. This classification is consistent with a previous security classification of a millimetre-wave radar using quasi-optic antennas which was used in the USA. In this latter case the hardware was classified as RESTRICTED by the Directorate of Air Armaments (Dr C.H. Gooch) who had responsibility for security classification at that time. H.A. Deadman

 

Signed             H. A. Deadman           Signature witnessed by            A. Walsh DS

 


Witness Statement Page 321

 

Form MG 11(T)

 

STATEMENT OF                  Gordon Stephen SMITH

Age if under 21                       Over 21

 

Dated 12 July 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have examined the paper prepared by Dr Maher and in particular pages 43 to 46 which refer to the delay lines associated with the Operator’s Confidence Facility (OCF). He draws the conclusion on page 46 that “the link between the delay lines and their application is firmly established in the HRC Research Reports”. I would question whether that information would be freely available outside HRC, but that point would need to be checked at HRC. I have never had sight of an HRC report. The OCF comprises a surveillance radar (transmitter/receiver), an IFF unit (transmitter/ receiver) and a power supply unit.  It is used to carry out “confidence checks” on the weapon system. When scanned by the surveillance radar and IFF, the OCF simulates a hostile or friendly target at a fixed range and at a constant velocity. In operation, the OCF takes incoming signals from the surveillance radar which are fed to the receiver where they are amplified and delayed or phase shifted to represent a target. The signals are re-transmitted to the surveillance radar and appear as signals from a genuine target at a fixed range and with a constant velocity. Signals from the IFF transmitter are picked up by the aerial and receiver. The signals are checked in the logic circuits to ensure that the mode is the same as that set on the OCF. If correct, a coded train of pulses is radiated by the aerial to simulate the transponder of a friendly aircraft. In my experience in the field of applications engineering I believe that the fabrication of delay lines is fairly well documented in the public domain, and I agree with those parts of Dr Maher’s report which identify

 

Signed             G. S. Smith     Signature witnessed by            Martin. Morrissey DI

 


Witness Statement Page 322

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Gordon Stephen SMITH

 

this fact. The Rapier system, however, is a current military weapon and will remain so until at least the next century. It is the combination of the frequencies used in the surveillance radar, as identified in Janes Land Based Air Defence publication and the time delay as applicable to the OCF as identified in HRC reports by Dr Maher, which could be utilised to develop counter measures. I do not revise my opinion contained in my statement of 11th August 1992 that the loss of the information contained in the exhibits I have been shown, JS22 - JS37, would be prejudicial to the interests of the UK. The value of the information contained in these exhibits is that some details of device fabrication may allow an enemy to manufacture devices and from them work out delay line times, which together with the frequencies published in Janes would allow the range of the Rapier system to be calculated and thereby develop counter measures.

 

Signed             G. S. Smith     Signature witnessed by            Martin. Morrissey DI

 


Witness Statement Page 323

 

Form MG 11(T)

 

STATEMENT OF                  James Frederick WILDISH

Age if under 21                       Over 21

 

Dated 16 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina vs. M.J. Smith I have previously made statements to the Police. I would like to clarify that in my statement of 10th August 1992 the opinions that I express relate to those exhibits JS/22 - JS/37 inclusive, since the Rapier missile system comes within the areas of my responsibilities. I have been shown a copy of a report entitled “Analysis of Exhibited Material from a Technical Standpoint” by Dr. Eamonn Maher. I have been asked whether I agree or disagree with his report and whether I wish to add, alter or retract from my previous statements. I agree that the fabrication techniques of delay lines are in the public domain. However I do not consider that HRC Research Reports are in the public domain. The fabrication detail of the delay line, shown in exhibits JS22 - 37, which is for the current Rapier system, would not be in the public domain. This particular delay line would not be commercially available.

 

Signed             J. F. Wildish    Signature witnessed by            Martin. Morrissey DI

 


Witness Statement Page 324

 

Form MG 11(T)

 

STATEMENT OF                  Peter Leonard KNOWLTON

Age if under 21                       Over 21

 

Dated 16 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina vs. M.J. Smith I have made statements to the Police regarding my examination of exhibits JS/14 to JS/38. I have now been shown a report with attachments titled “Analysis of Exhibited Material from a Technical Standpoint” by Dr. Eamonn Maher. I have been asked to comment on whether I agree or disagree with this report and whether I wish to add, alter or retract from my previous statements. In general terms the technical content of the report is accepted but there are two particular statements which I disagree with. The first may not be relevant but on page 19 of Dr. Maher’s report, on the 13th line, the paragraph starting “There are well-defined standards” etc, the first sentence cannot be linked with AQAP-1 since this is not the standard which defines testing, performance and reliability of any device. AQAP-1 is a procedure which allows companies to be approved by M.O.D. and in particular covers development in addition to manufacturing/supplying. Secondly, his conclusions on page 52 in paragraph 3. I disagree that all of the reports, in particular those shown at pages 448a, b, c and d of the ‘Research Bundle’ , would be available to the general public, though to whom they are available would be a matter of general company policy but would certainly not include the public in this instance.

 

Signed             P. Knowlton    Signature witnessed by            Martin. Morrissey DI

 


Witness Statement Page 325

 

Form MG 11(T)

 

STATEMENT OF                  John Richard WEATHERLEY

Age if under 21                       Over 21

 

Dated 28 July 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina vs. M.J. Smith I have previously made statements to the Police. In particular I made a statement on 24th August 1992 concerning my examination of Exhibits JS21 and JS38. I have now been shown a report by a Dr Eamonn Maher entitled “Analysis of Exhibited Material from a Technical Standpoint” and I have been asked whether I agree or disagree with his conclusions in relation to these exhibits. Nothing that Dr Maher has said causes me to alter my previous statements in any way. I do not believe he has shown that the particular information, that is to say the links between the component and the Rapier system, is in the public domain. I do however agree with his general findings on page 46 of his report.

 

Signed             J. R. Weatherley          Signature witnessed by            Martin. Morrissey DI

 


Witness Statement Page 326

 

Form MG 11(T)

 

STATEMENT OF                  Squadron Leader Colin BAGLEY

Age if under 21                       Over 21

 

Dated 6 August 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am still a Squadron Leader in the Royal Air Force but I am presently on a resettlement training course with Marconi Command and Control International in the Sultanate of Oman. I retire from the Royal Air force on 1 September 1993 and will take up full time civilian employment with Marconi in Oman managing a Rapier support contract. In the case of Regina v M J Smith I have previously examined exhibits containing information relating to the Rapier Operators Confidence Facility (OCF) and “F” Band delay lines and have provided statements to police. I have now been shown a report entitled “Analysis of Exhibited Material from a Technical Standpoint” by Dr Eamonn Maher and attached reference documents. I have been asked to comment on whether I agree or disagree with this report, in particular the section at pages 43 to 46 inclusive, and whether I wish to add, alter or retract from my previous statements. In making this statement I also make reference to Dr Maher’s research bundle pages 435 - 459 and to the contents of exhibits JS21 to 38 inclusive contained as copies in the exhibit bundle at pages 193 to 285. I have not previously examined the contents of JS21 contained between pages 193 to 233 of the exhibit bundle. On pages 43 to 45 Dr Maher refers to materials used in the construction of delay lines and, in general, I do not disagree with his comments nor am I qualified to do so. However, on lines 10 to 12 of page 45 he makes reference to the centre frequency of Rapier and its connection with the Mk 3 delay line using HRC reports as the source of this data. Also, in his concluding paragraph on page 46 Dr Maher refers to the public domain and

 

Signed             Colin Bagley   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 327

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Squadron Leader Colin BAGLEY

 

suggests that the HRC data is in that domain and, by association, so is the Rapier operating frequency. On this point I strongly disagree. The frequency band in which a system such as Rapier operates is fairly common knowledge and can be obtained from publications such as Janes, as Dr Maher indicates; however, this information reveals only the very broad bandwidth in which the system is operating and is not sufficiently specific to enable the construction of effective counter-measures. Such a level of effectiveness can only be achieved if the centre frequency of a system is known, thus enabling an enemy aircraft’s maximum jamming power to be concentrated at this specific frequency, rather than spread less effectively over a wider bandwidth. The effect of this would be to prevent the detection of enemy aircraft and thus prevent a system, such as Rapier, from firing its missiles and destroying those aircraft. I have examined JS21 of the exhibit bundle which are Cossor documents for the post modification of Type 29 delay lines. Pages 202 to 209 inclusive contain the specific operating frequency and performance characteristics of the delay lines under test. I believe this data would provide the essential detail for the construction of effective counter-measures against any system using these delay lines. Dr Maher makes no reference to the implication of the effect of the information contained in JS21 (pages 202 to 209 of the bundle). This information is certainly not in the public domain, neither is it contained in either Janes or any of the HRC annual reports in Dr Maher’s research bundle, pages 435 to 459. It should be noted that this information relates to currently deployed Rapier missile systems. Dr Maher in his “Overview” on page 2 of his Analysis makes reference to the classification of documents being “never higher than Restricted” seeming to suggest that this classification is of little importance. However, the definition of Restricted is “Information and material the unauthorised disclosure of which would be undesirable in the interests of the nation”. Also in the Overview Dr Maher makes reference to “frustrated scientists/engineers drawing up notes” etc. This may be the case but no responsible scientist/engineer would disseminate critical data, such as that referred to above,

 

Signed             Colin Bagley   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 328

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Squadron Leader Colin BAGLEY

 

in such a cavalier fashion that it would jeopardise the interests or safety of the nation. I believe, therefore, that Dr Maher is putting much too broad an interpretation on the term public domain and that, whilst some of the information may be accessible to anyone having need of it, there is also some information that would be known to be highly classified to any person involved with the design, construction and use of defence systems and this information is not, and should not be, in the public domain.

 

Signed             Colin Bagley   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 329

 

Form MG 11(T)

 

STATEMENT OF                  Squadron Leader Colin BAGLEY

Age if under 21                       Over 21

 

Dated 6 August 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In a statement made by me earlier this day I made reference to the copy of exhibit JS21 contained on pages 193 to 233 of the exhibit bundle. I now produce these pages as exhibit CB/1.

 

Signed             Colin Bagley   Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 330

 

Form MG 11(T)

 

STATEMENT OF                  Mr “B”

Age if under 21                       Over 21

 

Dated 23 June 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 28th. August 1992 Detective Inspector Morrissey has played to me to-day an audio tape marked MG/1 which contains the recording of a telephone call which I made on 8th August 1992' at 9.02am to telephone number 549 5369, the subscriber to which is Michael John Smith at 48A Burton Road, Kingston-Upon-Thames. DI Morrissey has shown me a telephone call print-out marked MG/2 which is a record of the telephone calls made to and from the telephone I was using. In addition to the call I made at 9.02am to telephone number 549 5369, the conversation being detailed in my previous statement, I made the following further calls. At 9.18am I began to dial telephone number 546 6575 the number of a public telephone kiosk at Cardinal Avenue near the junction of Durlston Road and Hollybush Road, Kingston-Upon-Thames. On the recording a background speaking clock gives the time as 9-19 and 10 seconds at about the time I finished dialling. The ringing tone continued for about 34 seconds and as the telephone was not answered I replaced the receiver. At 9.26am, the background speaking clock giving the time as 9.26 and 10 seconds when I started dialling, I called telephone number 549 5369 at Mr. Smith’s home address a second time and the call was answered by a recorded message on a telephone answering machine and the message said:

Female voice: “hello”

Male voice: “hello, please don’t hang up”

Female voice: “and don’t panic, this is Pam”

 

Signed             Mr. “B”           Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 331

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mr “B”

 

Male voice: “and Mike and the answering machine”

Female voice: “I’m sorry we are unable to come to the phone just now”

Male voice: “but please leave us a message with your name and telephone number and ...”

 

At this point I replaced the receiver. During the telephone call at the time that “Mike” was mentioned I said “hello, hello”. At 9.37am, the background speaking clock giving the time as 9.37 and 40 seconds, I called 549 5369 at Mr. Smith’s home address a third time, and the call was answered again by the same recorded message. This time I allowed the recorded message to continue and the additional part of the message said:

Male voice:   “... we’ll get back to you as soon as we can”

Female voice: “you can speak after the beep unless there are six beeps which means can you please try later. Bye”

 

I then replaced the receiver. During the time I was making these calls, and afterwards, the telephone I was using rang several times with incoming calls which I did not answer. This is shown on MG/2 by four entries reading “unansw”. Finally there were two calls to the telephone I was using which were answered by Detective Chief Superintendent MacLeod. The tape does not contain a record of these incoming calls.

 

Signed             Mr. “B”           Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 332

 

Form MG 11(T)

 

STATEMENT OF                  Antonio Cardoso MOREIRA

Age if under 21                       Over 21 (born 1937)

 

Dated 14 September 1993

 

[N.B. The original statement in Portuguese is at pp. 335-8. The following is a translation of Snr Cardoso’s statement, edited by the police]

 

I have been employed by the Porto Bus Company STCP since 1961. I started as a bus conductor and became a driver before promotion in 1983 to Co-ordinating Inspector.

 

Because I have worked in the STCP for a long time, I know in detail all the bus routes and bus-stops of the company, as well as the changes that some of these bus-stops and routes have suffered.

 

Today I have been to 3 places in Porto and asked to describe in detail these places in 1977-78.

 

The first place was the Rua Do Dr. Ferreira da Silva, where I recall that on the east side of this street in 1977-78 there were five bus-stops, one at each end of the street and three others more or less equidistant between them, and the five bus-stops covered a distance of around 100 to 120 metres. I think that at that time four of these bus-stops had bus shelters, but not the one at the south end.

 

Nowadays, there are no STCP bus-stops in this street, they were moved in 1989-90. There are now two bus-stops with shelters for long distance tours, which have been there about one year [COMMENT: i.e. these bus-stops do

 

Signed             A. C. Moreira              Signature witnessed by

 


Witness Statement Page 333

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Antonio Cardoso MOREIRA

 

not belong to the STCP].

 

I would also add that in 1977-78, in front of these bus-stops was the University of Porto as it exists today. Behind the bus-stops there was an asphalted square with a few trees. In this square during the day there were some market stalls selling fruit and food.

 

The second place we visited was the Praca da Liberdade. This place has not changed since 1977, nor have the STCP bus-stops. More precisely ... there were five bus-stops ... four with shelters. Nowadays ... only three have shelters.

 

The third place we visited was Rua De Sa Da Bandeira ... opposite the Café De Brasilera. There still exists there a bus-stop which existed there in 1977-78, except that at that time it had no shelter. Nowadays, there is a phone box there also, which was not there in 1977-78.

 

I would say that the first two places are two of the five main termini for buses of the STCP, there is no direct connection made by any bus between the three places. The shelters in 1977-78 ... were constructed with four metal poles without any lateral protection and only a metallic cover, 4 metres in length, 1.60 metres in width, and 2.20 metres in height.

 

Signed             A. C Moreira               Signature witnessed by

 


Witness Statement Page 334

 

Form MG 11(T)

 

STATEMENT OF                  Jonathan Peter SAY

Age if under 21                       Over 21

 

Dated 16 September 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have examined Exhibit PMS/24 - twenty (20) £50 Bank of England notes, and Exhibit PMS/25 - twenty (20) £50 Bank of England notes and I produce a list of the cipher and serial numbers of these notes as Exhibit JPS12. The cipher and serial numbers of the three (3) £50 Bank of England notes found on Mr SMITH’s person at the time of his arrest are also shown.

 

Signed             Jonathan Say   Signature witnessed by

 


Witness Statement Page 335

 

Portuguese version of Antonio Cardoso Moreira’s statement (not available)

 


Witness Statement Page 336

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Antonio Cardoso MOREIRA

 

Mantendo-se, tal como nessa data, algumas paragens de transportes urbanos, concretamente duas do lado interior a três do lado exterior. Destas, quatro possuiam abrigo para passageiros que entretanto foram retiradas, na mesmma data das anteriormentes referidas, tendo três delas, presentemente, abrigo de tipo diferente.

 

O terceiro local visitado é situado no início da Rua de Sá da Bandeira, concretamente no sentido Sul-Norte, em frente, isto é, no lado oposto do “Café da Brasileira”. Aí continua a existir uma paragem de autocarros, que já existia à data de 1977-1978, com excepção de que nessa data, não dispunha de qualquer abrigo para protecção de passageiros, o que acontece desde há cerca de três, quatro anos. Presentemente existe nesse local uma cabine telefónica, que terá sido alí colocada há cerca de dois anos, sendo certo que em 1977-1978, não existia alí qualquer cabine telefónica.

 

A pergunta feita, respondeu que embora os dois primeiros locais sejam dois dos cinco principais terminais de autocarros, do STCP, não existe, nem 1977-1978 existia, uma ligação directa que fosse efectuada por qualquer autocarro entre qualquer dos três locais em causa.

 

Apregunta feita, e àcerca das caracteristicas dos abrigos para passageiros existentes nas paragens de autcarros à data de 1977-1978, respondeu que, conforme foi possível ser verificado hoje, em alguns locais  da cidade do Porto, e enquanto se procedia à visita dos locais anteriormente referidos, pelos elementos da Polícia Judiciária, pelo Sr. Martin Morrissey, os abrigos eram, em 1977-1978, constituídos por quatro apoios metálicos, sem qualquer protecção lateral e apenas com cobertura igualmente metálica, com as dimensões de cerca de 4 metros por 1,60 metros e com cerca de 2,20 metros de altura.

 

E mais não disse. Lido o seu depoimento o achou conforme ratifica e vai assinar.

 

Ass) António Cardoso Moreira

 

E para Constar se lavrou o presente auto que vai ser devidamente assinado.

 


Witness Statement Page 337

 

Portuguese version of Antonio Cardoso Moreira’s statement (not available)

 


Witness Statement Page 338

 

Portuguese version of Antonio Cardoso Moreira’s statement (not available)

 


Witness Statement Page 339

 

Form MG 11(T)

 

STATEMENT OF                  Geoffrey DICKINSON, B.Sc. MITI

Age if under 21                       Over 21

 

Dated 17 September 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am an official translator of the Portuguese language for the Metropolitan Police. I have translated the following document.

GD/1 interview of Antonio Cardoso Moreira. I now produce this translation as an exhibit as above. The translation is true and accurate to the best of my knowledge and ability.

 

Signed             G. Dickinson               Signature witnessed by            L. Dale

 


Witness Statement Page 340

 

Form MG 11(T)

 

STATEMENT OF                  Mrs “C” (Stella RIMINGTON)

Age if under 21                       Over 21

 

Dated 17 September 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I refer to my previous statement dated 9 December 1992. I have read the statement made by Detective Inspector Morrissey dated 17 June 1993 and the statement made by Antonio Cardoso Moreira dated 14 September 1993 and examined the exhibits attached to D.I. Morrissey’s statement. I am now aware that in 1977 there were no telephone boxes situated on two of the sites marked with a cross on Exhibit JS45 and on which there were telephone boxes situated when I visited Oporto in 1992. I am also aware from D.I. Morrissey’s and Mr Moreira’s statements that bus stops were situated on three of the sites marked with a cross in 1977. Nothing I have read in D.I. Morrissey’s or Mr Moreira’s statements causes me to change my opinion expressed in my statement of 9 December 1992.

 

Signed             Mrs “C”           Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 341

 

Form MG 11(T)

 

STATEMENT OF                  Robert Philip AVERY

Age if under 21                       Over 21

 

Dated 20 September 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am the Principal Lecturer, Russian Language Wing, Defence School of Languages. This is the main Russian teaching establishment for UK armed forces. I have studied Russian since 1965. I have an M.A. from Oxford in Russian Language and Literature. I spent 11 months in Moscow State University in 1976-77, both studying Russian and teaching English to Russian students. I’ve worked for the Ministry of Defence for 15 years teaching Russian at Royal Naval College, Dartmouth, for eight years, and then subsequently here, being Principal Lecturer since 1988. I now work regularly as an official Royal Navy Interpreter, and have recent extensive experience of contact with Russian naval officers at the highest level. Over the years I have had a wide experience of the products of Russians writing in English both formally and informally. I have been shown an envelope in a bag marked exhibit identification RH/22 and a letter in a bag marked JS/40. With respect to the letter JS/40, my overall impression was that this was not written by an English native speaker or that if it was he was attempting to disguise the fact. The most peculiar characteristic of the letter and one which struck me immediately was the phrase “in the nearest future”, which is a literal translation of the equivalent Russian idiom. Specifically, it contains the superlative form of the adjective “near” (i.e. nearest) which is a direct translation of the Russian “V BLIZHAISHEM BUDUSHCHEM”. The point being that the correct translation of this Russian idiom into English should be “in the near future”. This over-literal translation could be regarded as a typical error of Russians when writing/speaking English which

 

Signed             Robert Avery  Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 342

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Robert Philip AVERY

 

I have observed on many occasions. However, if such an idiom exists in other languages it may also be mistranslated, as in this example, by speakers of that language when working in English. But in this case, this is a classic Russian error when going into English. A subsidiary feature of interest in this letter is the use of the abstract noun “recreation” with no attendant concrete noun. My first impression was that a concrete noun (for example “field”, “ground”) had been omitted. It is a feature of Russian that the abstract noun can stand independently to denote the appropriate concrete noun. For example, the Russian abstract noun signifying “production” may also signify “the place of production” i.e. a factory or works. However, this may be a feature of foreign languages other than Russian. The final point I would make about the letter is the use of the unadorned surname as the signature i.e. with no first name, capital letters to denote first or second name nor any title such as mister or doctor. This is a feature of Russian letter-writing etiquette in the formal style, for example between business or work associates who know each other but not well enough to use a first name. In these circumstances it does not correspond to the informal mode of address “Dear Mike” which opens the letter. A passing observation on the envelope would be the confusion between upper and lower case English letters when attempting to print one letter at a time for the purpose of clarity. I have observed that such confusion is characteristic of Russians writing English particularly concerning the letters t, i, R and N. In this example upper case R and N appear to have been consistently used instead of lower case r and n. Conversely I have observed lower case i and t commonly used in error for their upper case equivalents in block capital writing. I have not seen or done any research in this area and it may well apply to speakers of other languages than Russian.

 

Signed             Robert Avery  Signature witnessed by            Martin Morrissey DI

 


Witness Statement Page 343

 

Form MG 11(T)

 

STATEMENT OF                  Graham Mark WILSON

Age if under 21                       Over 21

 

Dated 3 March 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I am a technical officer employed by the Metropolitan Police in the Computer Services Laboratory. On the 10th August 1992 exhibits PMS/2, PMS/3, PMS/4, PMS/5, PMS/6, PMS/7 and PMS/8 were submitted for examination and placed in secure storage. Initial examination of these exhibits find that: Exhibits PMS/6, PMS/2 and PMS/5 are the main unit, monitor and keyboard of a Macintosh IIci Computer respectively. Exhibit PMS/7 is an Apple mouse and computer leads. Exhibit PMS/4 is a DIKI DEVICES hard disk and removable cartridge unit. Exhibit PMS/8 is a TOSHIBA COMPACT DISK DRIVE XM-2200A. Exhibit PMS/3 comprises one hundred and sixty eight 3.5” computer disks and five removable cartridges of a type compatible with Exhibit PHS/4, which I have labelled and numbered PMS/3/1 to PMS/3/173 respectively. Further examination of PMS/3 has found these disks and cartridges to contain a large quantity of computer programs and data. I have printed some of these files and identified them by appending the file pathname to the disk or cartridge identity. These printouts have been sealed and identified as Exhibit CSL/127/92/GMW/1 and placed in a secure store. Further examinations of Exhibits PMS/4 and PMS/6 reveal a large quantity of files containing computer programs and data stored in the internal hard disk drives of these exhibits. I have printed some of these files and identified them by appending the file pathname to the exhibit identity. These printouts from PMS/4 and PMS/6 have been sealed and identified as Exhibits CSL/127/92/GMW/2 and CSL/127/GMW/3 respectively and placed in a

 

Signed             G. M. Wilson              Signature witnessed by

 


Witness Statement Page 344

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Graham Mark WILSON

 

secure store. During my examinations, initial printouts of some of these files from Exhibit PMS/3 have been made available to DS Gilbertson. These are crude printouts generated using an investigative computer program and are used to give an indication of the contents of a file. After examination all exhibits were returned to secure storage.

 

Signed             G. M. Wilson  Signature witnessed by

 


Witness Statement Page 345

 

Form MG 11(T)

 

STATEMENT OF                  Trevor Alan George ELSON

Age if under 21                       Over 21

 

Dated 5 October 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have a BSc in Aeronautical Engineering which I gained at London University. My first employment was with Fairey Hydraulics in Heston which commenced in 1978. I worked in various departments for around 18 months before joining the QA Department where I worked until leaving until 1984. I then joined the Hirst Research Centre at Wembley where I have worked solely in the QA Department. I have been the Quality Control Manager since about 1988, and in this role also deputise for the Quality Manager (D.G. Barlow) who heads the QA Dept at HRC. Mike Smith was known to me as a QA Engineer who joined HRC around 1985, following an interview with myself, and worked only in the QA Dept until he was made redundant in July 1992. As a Systems Auditor he reported to me. Today (Tuesday, 5th Oct 1993) at the HRC Wembley, I met with Detective Inspector Nicholson who showed me photocopies of five projects entitled “Rugate Filters for SDI”, “Micromachining Project”, “Quasi-Optical Car Radar”, “Micron-Valve Project”, “Olfactory Research Project”, which I am told are the contents of exhibits in the case of R v M. Smith and are respectively numbered JS/16, JS/17, JS/18, JS/19 and JS/20 and make the following observations:

I recognise the handwriting as that of Mike Smith. Although I have never seen entire reports of his in upper case, I have seen Aide Memoires in this form.

 

Signed             T. A. G. Elson             Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 346

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Trevor Alan George ELSON

 

The notes appear to summarise the technical status of various HRC projects detailing the broad outline of the project problems and achievements, complete with some sketches for clarification. I have never seen or commissioned project notes of this nature and they would not be needed for Quality Systems Auditing. Some parts of each of these project notes may be of use to a Quality Engineer working with the relevant project area, but I would expect this information to be in a more abbreviated form. I would not expect any QA personnel associated with these projects to generate notes of this type. From my experience there is very little information relating to Quality System issues contained within these notes. I was surprised that Mike Smith has produced such detailed reports as his interest in Auditing was confined generally to that of system and procedural matters and not technical matters such as contained in these notes. Indeed my own recollection of auditing many areas and projects with Mike Smith was that he expressed a desire not to get involved in technical detail. Some of the technical detail contained within these notes may well have been observed during routine audits, however, I do not believe that the majority of information could be obtained through normal Auditing practises. Detective Inspector Nicholson also showed me a photocopy of a 16 page handwritten document entitled “Calibration of Ling dynamic systems SCO 300” with an attached covering note, which I understand is exhibit MN/12 in the case of R v M. Smith. I recognise this document to be in the normal handwriting of Mike Smith and a procedure that I asked him investigate and produce.

 

Signed             T. A. G. Elson             Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 347

 

Form MG 11(T)

 

STATEMENT OF                  Ian Geoffrey Crighton

Age if under 21                       68

 

Dated 5 October 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I joined the General Electric Company, (GEC Ltd) in December 1946, after completion of my National Service in the Royal Navy. I was then 21 years old. I went to work in the GEC establishment, East Lane, North Wembley, Middx. which later became known as the Hirst Research Centre. I remained at this establishment all my service with GEC, until I retired in February 1990. I worked in a number of departments during this period. In August 1978, I was invited to join the Quality Assurance Department at the Hirst Research Centre, and took up this new posting in the same month. Apart from my Higher School Certificate which I obtained in 1941, I have no other educational or professional qualifications. My duties in Quality Assurance (Q/A) were product inspection, liaison with customers, Quality Assurance engineers, liaison with customers respecting specification of new products, preparation of specifications and other (Q/A) duties. I shared an office with two other men, Mr C.W. WATERS, and Mr Michael SMITH. I cannot remember when Michael SMITH joined the (Q/A) department but it was sometime after I had joined, but as I retired from the company in February 1990 I would estimate he would have been there about four years. The only time I can remember working with Michael SMITH on a (Q/A) task was in respect of

 

Signed             I. G. Crighton Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 348

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Ian Geoffrey CRIGHTON

 

design control of gallium arsenide integrated circuits. We worked together on this over a few weeks possibly months. In the course of my work in Q/A I would have access to company files which, if I was authorised to have and need, would be retained in my office. Mr SMITH and Mr WATERS also would have retained files for their work. The files were kept in our own individual filing cabinets. I cannot state how Mr WATERS or Mr SMITH kept their files, however I always locked away my files in my cabinet when I was not using them. This cabinet was of a general standard commercial design. I have been shown a copy of exhibit JS/15. I was aware of the project but did not have this document in my possession. It is possible I carried some (Q/A) product inspection on the final product, but as far as this document is concerned I can state I did not have it in my possession or my office. I did not pass this document on to Michael SMITH as I did not have it, and even if I had retained it for any reason would not have passed it on to him as it did not concern him as far as I was aware. I cannot think how Mr SMITH could have obtained documents he was not authorised to have. When I retired I returned the company files I had been working on for my (Q/A) work back to the appropriate sections in GEC (Hirst Research Centre), there were no company files or reports left in my filing cabinet when I left the company.

 

Signed             I. G. Crighton Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 349

 

Form MG 11(T)

 

STATEMENT OF                  Meirion Francis LEWIS

Age if under 21                       Over 21

 

Dated 11 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On 7th October 1993 I gave evidence in the case of R v SMITH at the Central Criminal Court. During my evidence I was referred to a RESTRICTED document entitled “Demonstrator Programme Requirement Bandpass Filter Assembly” which was contained in the Prosecution exhibit bundle at pages 51-59 inclusive. The contents of this document concern sensitive equipment currently in service and should be treated in extreme confidence. I made a number of deductions from this document. These concern the fact that the knowledge of the IF frequency and bandwidth could be useful to a potential enemy who wished to jam the airborne guided weapon concerned. In addition, I noted that the specification on the group delay matching of the IF filters was significant in suggesting the mode of operation of the weapon. From this I deduced that the missile was likely to be an “ARM”, i.e. an ANTI-RADAR-MISSILE. In the intervening period I have therefore contacted the Marconi Company who have confirmed my suspicions. They confirm that the receiver is used in a missile called “ALARM”, which is currently in service with the R.A.F.  It may be recalled that during the Gulf War, Saddam Hussein switched off his radars, giving us total air superiority. This was undoubtedly because of the threat from the ARMs. It is therefore clear that the document concerned is not of academic interest, but could affect the lives of service personnel. Concerning the technique of jamming, the Russians are of course expert, for example they have been jamming Western radio broadcasts for decades. I also note that the document contains information on the numbers of filters required, which relates to the numbers of missiles to be constructed.

 

Signed             M. F. Lewis                 Signature witnessed by

 


Witness Statement Page 350

 

Form MG 11(T)

 

STATEMENT OF                  Meirion Francis LEWIS

Age if under 21                       Over 21

 

Dated 11 October 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Thursday, 7th October 1993, I gave evidence in the case of R-v-Smith. During the course of cross-examination I was presented a Defence council research abstract on page 417 of the Defence bundle, the authors being Caliendo et al. The Defence contended that the data contained therein was in the public domain and replicated the content of a handwritten document entitled OLFACTORY RESEARCH PROJECT dated May 1992. I disputed this on a variety of grounds, and I undertook to study the full paper to ascertain the facts. I have obtained a full copy of the paper, which I now produce as Exhibit MFL/1. I have examined this document and I would contend that it vindicates each of the points I made during cross-examination.

 

Point 1: This concerns the nature of the acoustic wave employed in the sensor. I contended during cross-examination that this was not a surface acoustic wave but one occupying the bulk of the medium. I also pointed out that the liquid used (water) would attenuate a surface acoustic wave. These points are confirmed in the paper. Thus on page 383 it is stated “... most liquids prevents the use of the Rayleigh mode, for which energy radiation into the liquid give rise to excessive insertion loss in the acoustic line”. The penetration of the acoustic wave into the bulk of the medium is also fully evident in Figures 1 and 2 of this article on p.384.

 

Point 2: This concerns the Defence claim that the authors demonstrated a highly reproducible response. During cross-examination I expressed extreme scepticism on this claim, and this is vindicated by the authors description of their measurements. They say on pages 385/6 “The complete cycle was repeated several times in different days showing every time the same behaviour”. This is a totally inadequate demonstration of reproducibility. Anyone with a knowledge of such matters knows that such a claim must be backed with evidence on at least several BATCHES of devices, the experiments being

 

Signed             M. F. Lewis                 Signature witnessed by

 


Witness Statement Page 351

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Meirion Francis LEWIS

 

conducted in different ENVIRONMENTAL CONDITIONS (temperature, humidity, vibration, etc.), and taken over a period of months or years. The defendant worked in the Quality Assurance department and would be fully aware of such facts. His handwritten note is therefore infinitely more useful to a potential enemy than the scientific paper making ostensibly the same claim.

 

This illustrates a much more general point, namely that documents originating from within a manufacturing Company such as GEC, are of much greater practical value than scientific papers, in which the authors prime aim is often to be the first to publish. As a result of this need to publish quickly the material published if often incomplete, and the conclusions tentative, and always optimistic. This is well understood in the scientific community, where research workers learn to interpret publications correctly.

 

Signed             M. F. Lewis                 Signature witnessed by

 


Witness Statement Page 352

 

Form MG 11(T)

 

STATEMENT OF                  Trevor Alan George ELSON

Age if under 21                       Over 21

 

Dated 11 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement dated 5 October 1993, today, 11th October 1993, I was shown pages 269/1 and 269/2 of the Prosecution Exhibit Bundle, which I have been told relates to Exhibit SR/4. The two pages I have been shown relate to a GEC-HRC Infra-red detector configuration flow-chart. On the left hand side of page 269/1 appears its reference number and status, which indicates that it is a “Draft a” document produced in June 1988. The “Draft a” is the first issue of this document. I do not believe that Mike Smith would have been involved in the production of this document as his remit was confined to auditing at that time. It may be that this document was produced or seen by Mike Smith during the course of an audit, but I have no recollection of this. I was also shown Exhibits JS/21 to JS/38 inclusive, which are pages 188 to 269/J inclusive in the Prosecution Exhibit Bundle. Although some of these documents may well have been seen by Mike Smith during the course of an audit, I can see no reason why he would have been involved in the updating of these documents. If there was an involvement it would be to merely check that the documents had been updated as required by the audit report. I cannot think of a good reason why Mike Smith should have so many of these documents in his possession.

 

Signed             T. A. G. Elson             Signature witnessed by            A. Walsh D.S.

 


Witness Statement Page 353

 

Form MG 11(T)

 

STATEMENT OF                  Dennis Geoffrey BARLOW

Age if under 21                       Over 21

 

Dated 11 October 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

In the case of Regina v. M.J. Smith and further to my previous statements, in respect of the documents contained in JS15 (Court Exhibit 3) I examined these on Friday 8th October 1993 at the Hirst Research Centre, Wembley. I can state the following concerning the origin of the documents and M.J. SMITH’s involvement in this area of technology during his period of employment from 1985 to 1992. The documents date 1982/1983 (papers 51 to 175 inclusive) deal with natters relating to the capability approval of SAW (SURFACE ACOUSTIC WAVE) devices. It is reasonable to find these documents together as part of the capability exercise and they would be used by quality engineering. M.J. SMITH did not at any time work in either of these areas and therefore would not have needed to refer to these documents at any time during his employment at the HRC. If the documents were put together by a quality engineer they would be filed either in M.J. SMITH’s office or in the general QA area. The documents would not have been used since the capability approval lapsed (around 1989 - I do not know the exact date). They would not have been accessed since that time. It is unlikely that these documents would have been held together anywhere else in the HRC because they relate to approval by an external body via the QA department. The section of JS15 relating to the ESAPID (EUROPEAN SPACE AGENCY PROCESS IDENTIFICATION DOCUMENT) dated April 1990 (Court Exhibit number 3 pages 2 to 50 inclusive) would not have been accessed by M.J. SMITH for any reason. At this time he was dedicated to quality auditing and at no time did he audit this area. In this period the area was audited by W. TATHAM and M. TOOTILL. This section of JS15 is a copy of an

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 354

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

original controlled document issued to F.S. McCLEMONT; the copy was given to W. TATHAM whose pencilled name appears on the cover  page. This copy was kept by W. TATHAM in his desk drawer but was unlikely to have been used since October 1991 and its absence would not have been noticed. I have previously stated on 20th May 1993 that there is no obvious reason for these documents to be together for any HRC activity. With reference to JS21-38 inclusive (Court Exhibits numbers 9-26 inclusive) pages 188 to 269 A-J inclusive, which I also examined at the HRC on 8th October 1993, these refer to the F band delay line; the drawings were created up to 1983 (with the possible exception of page 229 which is undated) and could have been brought together in this form at any time up to 1990. Beyond 1990 the drawing numbers system was changed. These documents may have legitimately been held together for a quality assurance activity and may have been retained in the QA section. The absence of a date stamp on the HRC drawings indicates that these copies were not made from drawings held by the laboratory. M.J. SMITH’s only involvement in the area of DELAY LINES was during audits in October 1989 (audit report numbers 410.01 and 410.02), November 1990 (audit report numbers 501-01, 501.02, 501.03, 501.04 and 501.05) and December 1991 (audit report number 597.01). Examination of these audit reports does not indicate that any of the documents in exhibit JS21-38 were required during the audits. I now produce copies of the above mentioned audit reports (8 in all) as exhibit DGB/1. The specific copies included in JS21-38 would not have been consulted for test/inspection purposes; the controlled copies held in the delay line area could have been used, therefore the absence of JS21-38 from the company would have gone unnoticed. The exhibit SR4, which I also examined at the HRC on Friday 8th October, contained in pages 269/1 to 269/87 inclusive, contains a number of technologies all of which would have involved QA, but it is unlikely that these documents would have been placed together as a natural part of QA work. I have previously stated that the document of particular interest is the Infra Red Detector Configuration Flowchart on pages 269/1 and 269/2. This flowchart is an original laser print the likes of which was last produced in the HRC prior to March 1991, at which time the documentation for this

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 355

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

technology was transferred to GEC Sensors. It is not possible to indicate where this copy had been kept, but the copies that I knew were retained by QA are still in place. M.J. SMITH had worked as a Quality Engineer in the INFPA RED area in 1986/7 prior to his auditing role and he may have been involved in the early preparation of this flowchart. The formal issue of the flowchart in question occurred a year after his audit role started. Although M.J. SMITH was involved in auditing the INFRA RED area, it was not necessary for him to have a copy of the flowchart document at that time. In respect of the period 1990 to 1992 and the technologies contained in exhibits JS16 (Court Exhibit 4 pages 176-178) Rugate filters for SDI; JS17 (Court Exhibit 5, pages 179-181) Micromachining Project; JS18 (Court Exhibit 6, pages 182-185) Quasi Optical Car Radar; JS19 (Court Exhibit 7, page 186) Micron Valve Project; and JS20 (Court Exhibit 8, page 187); M.J. SMITH’s involvement in the above mentioned technologies was as quality system auditor. In connection with these he produced the following audit reports; JS16 Rugate filters, report numbers 460.01, 460.02, 460.03 and 460.04 dated 30.4.90 in the audit area “Plasma Deposition” and report number 630.01 dated 4.6.92 in the audit area “Optical Components”. It should be noted that the auditor is responsible for entering the summary information into the audit database and in the latter audit the auditor names were incorrectly entered as W. TATHAM / A.W. YOULES instead of W. TATHAM / M.J. SMITH. Consequently this was omitted from the audit schedule submitted to the court. JS17 Micromachining project: report numbered 532.01 dated 12th March 1991 in the audit area “Micromachining” and report numbered 631.01 dated 11th June 1992 in the same audit area.  JS18 Quasi Optical Car Radar: report numbered 627.01 dated 4th May 1992 in the audit area “Millimetre Wave”. JS19 Micron Valve: report numbered 512.00 (this should read 512.01 but contains a typographical error) dated 13.12.90 in the audit area “Vacuum Micro Electronics” and 530.01 dated 6th March 1991 in the audit area “Vacuum Micro Electronics Test Area”, plus reports 628.01, 628.02 and 628.03 dated 21st May 1992 in the audit area “Vacuum Micro Electronics Test”. JS20 Olfactory Research: report number 588.01 dated 7th November 1991 in the audit area “Olfactory Research Project”. I now produce copies of the 15 audit reports mentioned above, as exhibit DGB/2.

 

Signed             D. G. Barlow              Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 356

 

Form MG 11(T)

 

STATEMENT OF                  Trevor Alan George ELSON

Age if under 21                       Over 21

 

Dated 13 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Having examined the monthly minutes of meetings covering the management of the HRC audit programme, I can say that none of the HRC contract numbers contained in Exhibit JS/8 - Court Exhibit 3, Prosecution Bundle page 270 - is shown in the minutes as requiring audit.

 

Signed             T. A. G. Elson             Signature witnessed by            A. Walsh DS

 


Witness Statement Page 357

 

Form MG 11(T)

 

STATEMENT OF                  William TATHAM

Age if under 21                       Over 21

 

Dated 13 October 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I joined what is now known as the Ministry of Defence in 1950 and worked in the area of Quality Assurance, developing test equipment until 1962. Thereafter I headed the department dealing with design of equipment and with training electronic engineering apprentices. In 1974 I was promoted to Assistant Director grade with responsibility for QA on batteries and cables, and also in charge of the United Kingdom National Supervising Inspectorate. This entailed overall control of quality assurance on British Standard 9000 electronic components and the European equivalent. I retired from the MOD in 1981 and was then taken on by the MOD as a ‘re-employed pensioner’ dealing with QA on quartz crystals and electron tubes. In 1986 I finally retired from the MOD and was then approached by GEC Hirst Research Centre (HRC) to work in the QA department as a part-time consultant, which I continue to do. Today, Thursday, 13th October 1993 I met with Detective Inspector NICOLSON and was asked to examine documents which he advised me was Exhibit JS/15 in the case of Regina v M J Smith. JS/15 essentially is in two parts; documents relating to Surface Acoustic Wave (SAW) Filters for European Space Agency (ESA) applications, dated 1990, and the remainder refer to capability approval of such devices, according to the BS 9000 system, dating from 1982/1983.

 

Signed             W. Tatham                  Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 358

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    William TATHAM

 

I recognise the 1990 documents as my own reference documents; it has my name pencilled on it. These had been passed to me, probably in 1990, by Simon McClemont. It is a copy of a controlled document issued to him. I required it for updating procedures in the SAW fabrication area. This was not directly QA work; it involved modifying procedures, with which I was fully acquainted. QA personnel would sometimes accompany me on this work purely for QA purposes. For this, they would not need to have a copy of this document but would expect to have sight of it. On some occasions, possibly two or three times, Mike SMITH accompanied me to the Device Applications Laboratory for this purpose. I kept my copy of the 1990 document in an unlocked drawer of my desk, in an office which joins onto the QA area. I share this office with Trevor ELSON. It is accessible to all QA personnel for as long as the QA area is open. I retained it for possible further reference. A controlled copy of this document can also be found in the QA Library and also in the Device Applications Reference Library. This document was amongst a number of other documents which deal with QA procedures but to my knowledge this document was the only one which related to a specific project. To the best of my knowledge no other documents are missing. I wasn’t aware that this document was missing until about a week ago; I have had no need to refer to it since first working on it. No one who needed to refer to it would have approached me for it; they would have gone to see Simon McClemont to get the latest copy. At no time did any person ask me for this document and at no time did I give any person permission to access it or remove it. The remaining documents in the Exhibit JS/15, those dated 1982/1983, relate to matters predating my arrival at HRC. I was aware that a SAW capability document existed but have never previously

 

Signed             W. Tatham                  Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 359

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    William TATHAM

 

seen it. Taken together, these documents would make it possible for those technically competent to set up a SAW production line. In effect, it is a recipe book for SAW devices, which have commercial and military applications, and they would be extremely valuable to any competitor. I can think of no reason within HRC why these documents should be filed together. I would not know where the 1982/1983 documents would have been kept but I would expect QA to have such copies. Today, Detective Inspector Nicolson also showed me fifteen HRC Quality Audit Reports marked as Exhibit DGB/2. In particular I examined the copy of Audit Report number 627.01. This is a true record of an audit undertaken by myself and Mike SMITH on 14th May 1992 in the Millimetre Wave Radar area, where the Quasi Optical Car Radar project takes place. I wrote the report and signed it. The purpose of this audit was to see that Peter BRIGGINSHAW, the project leader, was complying with QA procedures. This audit did not require any technical detail to be examined; it related only to procedures. Consequently my notes would not have related to any technical matters although through conversation with Peter Brigginshaw, I inevitably became aware of some technical aspects and the potential for commercial and military applications.

 

Signed             W. Tatham                  Signature witnessed by            M. Nicolson DI

 


Witness Statement Page 360

 

Form MG 11(T)

 

STATEMENT OF                  Dennis Geoffrey BARLOW

Age if under 21                       Over 21

 

Dated 15 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Following notification of the arrest of Michael Smith, a former employee of HRC. I caused his filing cabinet to be kept locked in an unused office. I instructed my staff that no documentation should be added or removed from this cabinet, but I did allow access for necessary work purposes. For the purposes of providing a statement to Police on 11th October 1993 I had removed folders from this cabinet. After providing my statement I returned these folders to the cabinet and I noticed that there were various samples of device hardware and photocopies of technical articles from journals therein. From this discovery it is apparent that Michael Smith did not remove all items in his possession when he left the employ of HRC. I stand by my earlier comment made in my statement of 20th May 1993 that Mike Smith’s departure from HRC was orderly and unhurried.

 

Signed             D. G. Barlow              Signature witnessed by            A. Walsh DS

 


Witness Statement Page 361

 

Form MG 11(T)

 

STATEMENT OF                  Karl GEHRING

Age if under 21                       Over 21

 

Dated 15 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

 

On 15 October 1993, at the Central Criminal Court, I produced my personal diary for 1992 to DS Ronald Gilbertson. I can state that in respect of the entry for the week commencing 15 June 1992 to 20 June 1992 I made an entry indicating I was unavailable for any appointments, other than a personal holiday. I took a holiday during this period and stayed in a caravan in Pembrokeshire. I now produce my 1992 diary as exhibit KG/1.

 

Signed             K. A. Gehring             Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 362

 

Form MG 11(T)

 

STATEMENT OF                  William TATHAM

Age if under 21                       Over 21

 

Dated 14 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my previous statement dated 13/10/93 respecting the case of R v Michael SMITH. On 14/10/93 at the Central Criminal Court I inspected exhibit JS/18, which consisted of four sheets of paper numbered 1-4. The first page is headed, ‘QUASI-OPTICAL CAR RADAR’. I have the following observations to make in respect of this exhibit. On behalf of the Hirst Research Centre (HRC) I conducted an audit with Michael SMITH on 14/5/92, in respect of millimetre wave technology. (This technology incorporates the Quasi-Optical Car Radar research being conducted by Mr Peter BRIGGINSHAW). This audit report is part of exhibit DGB/2 and bears the reference number 627.01. I can recognise the handwriting of the exhibit JS/18 as being that of Michael SMITH. I have known him since 1986, and am familiar with his handwriting. I do not believe that the detail respecting this area of technology, as recorded on the sheets of paper, was required for the purpose of this audit. This is because the audit was in respect of procedure as to how the job was done. The detail on the sheets of paper gives technical details on the project which was not necessary for this audit.

 

Signed             W. Tatham      Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 363

 

Form MG 11(T)

 

STATEMENT OF                  Trevor Alan George ELSON

Age if under 21                       Over 21

 

Dated 18 October 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

On Friday 15th October 1903 I was requested by Mr D.G. BARLOW to obtain loose documents and devices from the filing cabinets now kept at HRC Borehamwood. These cabinets, which I will now refer to as A and B, were previously kept at HRC Wembley and used by Mike SMITH. During his (Mike SMITH) employment at HRC Wembley, Mike SMITH had the exclusive use of cabinet A and the use of cabinet B for about the last four months of his employment al HRC. I opened the bottom drawer of cabinet A and found two piles of documents then took possession of them. In the third drawer, counting from the top, of cabinet B I found a box labelled “11 to 20” and six identical metal boxes with BNC connectors.  I took possession of the box labelled “11 to 20” and one of the metal boxes marked ‘5 PF’. In the bottom drawer of cabinet B I found a box labelled “1 to 10” and a piece of black foam with 12 dual in line devices in ceramic packages bearing the identification MA734, 1746, 8623. I looked inside the boxes labelled “11 to 20” and “1 to 10” and found them with identical devices as described above. However, in the box labelled “11 to 20” I also found 4 smaller ceramic packages (white), a ceramics marking pencil, and four pieces of paper with notes on. I then took possession of the devices on the black foam and the box labelled “1 to 10”. I also took possession of GEC Journal of Science and Technology Vol. 48 No. 2 found in drawer 3 of cabinet B. In cabinet B drawer 4 I also found a sheet of paper from Marconi Space Systems bearing the identification 3991-0023-ES and took possession of it. I then took these items to the Central

 

Signed             T. Elson                       Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 364

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Trevor Alan George ELSON

 

Criminal Court and passed them to Mr D.G. BARLOW. On 18th October 1993 I attended the Central Criminal Court where I saw the Exhibits DGB/3 and DGB/4 and I recognise them as being the documents I removed from cabinet A. I was also shown DGB/5. I recognise these as being the same items I took from cabinet B. I was also shown DGB/7 and DGB/8 which I also recognise as items I took from cabinet B.

 

Signed             T. Elson           Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 365

 

Form MG 11(T)

 

STATEMENT OF                  Dennis BARLOW

Age if under 21                       Over 21

 

Dated 15 October 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

With reference to my previous statements in the case of R. v. Michael SMITH. As a result of being requested by police to further examine documents in the aforementioned case I opened two filing cabinets located now in the Quality Assurance (QA) division at the Hirst Research Centre, Borehamwood, Herts. These filing cabinets were both previously in the office of Michael SMITH, and were located in the QA division at the Hirst Research Centre (HRC) East Lane, Wembley. (They had been moved to Borehamwood when HRC relocated there in early September 1993). These filing cabinets are of a general office design, of four sliding drawers one on top of another. It is within my personal knowledge that they had been searched by police after Michael SMITH had been arrested in August 1992. It is within my knowledge that Michael SMITH had exclusively used these cabinets for his work in the QA division at HRC. I know that he had exclusive use from 1987 onwards of a cabinet found to contain audit reports and other documentation which has not been previously referred to in any of my statements. I do not know how long he had exclusive use of the other cabinet. After Michael SMITH was arrested these filing cabinets were locked. The keys were retained by me or Trevor ELSON. No person was allowed to place or remove any item from the cabinets. An employee could however, access information on request to myself or Trevor ELSON. The contents of these cabinets had been preserved as they were from the time of Michael SMITH’s arrest. Hereafter, I will refer to the cabinets as ‘A’ and ‘B’. On 12.10.93 I opened cabinet ‘A’ and saw a variety of technical papers and memos in the bottom drawer. They were in two piles. There

 

Signed             D. G. Barlow              Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 366

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis BARLOW

 

was no drawer dividers in this drawer. As far as I am aware the remaining three drawers contain records and files relating to quality audit. In filing cabinet ‘B’ I found in the bottom drawer a piece of black foam approximately 7” x 6”. Pressed into this foam for electro-static protection are twelve ceramic IC’s (Integrated Circuits) labelled MA734-1746-86-23. These are silicon on sapphire technology. By reference to the aforementioned number I can state they were manufactured in 1986. There was also a cardboard box approximately 7” x 6” x 1”. This contained a piece of black foam which fitted the box. Pressed into the foam were nine ceramic IC’s labelled MA734-1746-86-23. There was another layer of foam above these containing twelve IC’s of the same batch number. These were CQC’s (Capability Qualification Circuits) and are made for process capability approval. There was another cardboard box approximately 6” x 7” x 1”. This also contained a piece of black plastic foam. Pressed into the foam were six IC’s of the name batch number as previously stated. All were pressed into the foam, however all six appeared obviously damaged. There were also four white ceramic integrated circuits which were sealed but unmarked. This box also contained a pencil, and four handwritten notes containing technical information respecting the integrated circuits. The drawer also contained: a photocopy page from a device specification produced by Marconi Space Systems, Portsmouth, numbered 3991-0023-ES sheet 15, transmitted by fax. This page shows the pin connections for the MA931 device. There were also some electrical sockets which are of no importance. In the drawer above there were six metal boxes with two BNC connectors (a type of socket connector) and labelled 5PF on blue dymo tape. These are of no apparent significance. Also in this drawer was a GEC Journal of Science and Technology (ISSN 0302-2587) vol. 48 No.2 London 1982. This document is fully within the public domain. I relocked the cabinets, and mentioned what I had found to police officers involved in the SMITH case. As a result of a subsequent request I asked Trevor ELSON to meet me at the Central Criminal Court with the contents of the drawers specified. On 15.10.93 I met with Trevor ELSON as arranged. He had with him the documents and other items mentioned which I identify as being those I had seen

 

Signed             D. G. Barlow              Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 367

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis BARLOW

 

in the cabinet on 12.10.93. I took possession of these items from Trevor ELSON. With reference to the documentation found in the bottom drawer of cabinet ‘A’, the pile of documents near the front of the drawer have been examined by me. I can state that none of the documents carry any indication of MOD classification. I now produce this pile of documents as exhibit DGB/3. In respect of the second pile of documents in the same drawer of cabinet ‘A’, as DGB/3. I have examined these documents and can state they bear no classification restriction, and contain subjects related to British Standards, the European Space Agency, Infra Red detectors and various other documents internal to HRC. I now produce these documents as exhibit DGB/4. With reference to the items found in the bottom drawer of cabinet ‘B’, I can state that the integrated circuits MA734-1746-8623 are identical to the integrated circuit as on JS/14 and labelled SLC/4(I). I now produce the two cardboard boxes and one piece of foam containing the integrated circuits as exhibit DGB/5. (I have no comment to make in respect of the four handwritten notes). I produce the photocopy Fax page from Marconi Space Systems, Portsmouth as exhibit DGB/6 (as previously detailed). In respect of the items in the third drawer of cabinet ‘B’ I would state that the BNC connectors are of no interest, however one is produced as exhibit DGB/7. I have no comment to make in respect of the GEC Journal of Science and Technology, which I now produce as exhibit DGB/8. In my professional capacity as the head of the Quality Assurance division I can state I find no surprise at finding these items in these cabinets, ‘A’ and ‘B’. As far as I can tell the documents contain little technical information which could not be found elsewhere. Some of the documents could be of use to a professional quality people or a scientist. An example is the European Space Agency document at DGB/4 and the Journal of Science as at DGB/8.

 

Signed             D. G. Barlow              Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 368

 

Form MG 11(T)

 

STATEMENT OF                  Dennis BARLOW

Age if under 21                       Over 21

 

Dated 19 October 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

With reference to the case of Regina V. Michael SMITH and further to my previous statements, I was requested to inspect the records of HRC internal audits to determine if audit notes and aide-memoires were retained. I was assisted by Mr T. ELSON who identified all audit reports with attachments and handed them to me. With the exception of reports 513 and 469, no audit reports prior to number 518 carried any attachments. After report 518, approximately fifty percent of reports had the audit aide-memoire attached to the master of the audit report. Copies of the report which were circulated within the HRC did not include any aide-memoires. The current aide-memoire proforma (reference QAG-FF-041A) was introduced in March 1991 and the audit procedure required the proforma to be used for all internal audits. There was no formal requirement for the proforma to be retained. There was no evidence that any notes were made and retained on anything other than the proforma. I produce the following exhibits from the audit filing cabinet referred to as cabinet A in my statement dated 15th October. DGB/9 consists of audit reports 513 and 469 which were found in the audit file (in drawer 2) marked “Cleared Audits”. DGB/10 consists of 14 audit reports which were found in the same drawer and cabinet, but in a file marked “Uncleared”. DGB/11 consists of 75 audit reports which were again in the same drawer and filing cabinet, and from the same file as DGB/9.  DGB/11 contains copies of all reports from 518 inclusive which were contained in the file, irrespective of the

 

Signed             D. G. Barlow              Signature witnessed by            Robert Richards DS

 


Witness Statement Page 369

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

attachment of aide-memoires. Similarly DGB/10 contains copies of all reports contained in the file irrespective of attachment of aide-memoires. The originals of all audit reports have been retained in my custody as they are required for MOD assessment purposes; the materials in DGB/9, DGB/10 and DG8/11 are copies.

 

Signed             D. G. Barlow              Signature witnessed by            Robert Richards DS

 


Witness Statement Page 370

 

Form MG 11(T)

 

STATEMENT OF                  Dennis Geoffrey BARLOW

Age if under 21                       Over 21

 

Dated 22 October 1993

 

This statement, (consisting of   3   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I have previously made statements and given evidence in the case of Regina v Michael Smith and was asked to investigate the handwritten Exhibit JS/8 (which is Exhibit 27 page 270 of the Prosecution Bundle). My investigations have shown the following. JS/8 must have been written after the middle of November 1990. The last entry refers to an order which bears the date of 5th November 1990. This was progressed within the Hirst Research Centre after an order dated 12th November 1990 and the latter is likely to have taken four days or more to reach the QA Department in which Michael Smith worked. Reference to the minutes of Audit Operations Reviews (which Michael Smith attended) indicates that none of the contracts on JS/8 were chosen for contract audit. The records of audit performed confirms that none of the contracts on JS/8 were actually audited. There is no correlation between JS/8 and contract audit activity at the Hirst Research Centre. The general criteria for contract selection for audit purposes are listed in Document QAG-AA-010 Issue C dated 16th February 1990. The Audit Operations Review held on 9th March 1990 instructs Michael Smith to implement the recommendations of 15th February 1990 included in a memo titled “Alternative Suggestion to Proposed Methodology for Selecting Contract Audit” by T. Elson. The

 

Signed                                     Signature witnessed by

 


Witness Statement Page 371

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

latter memo clearly invoked the use of an Algorithm developed by A. Nott. The history of the Algorithm is recorded in several documents: “Audit Policy Meeting” by A. Youles dated 10th November 1989 records the basis for contract selection and places the selection responsibility on the quality primes, not on the audit manager. The minutes of the Audit Operations Review dated 17th November 1989 confirms that a scoring (or Algorithm) system will be considered. The minutes of the Audit Operations Review dated 15th December 1989 confirm that an audit model exists and state that it needs to be refined. The Audit Operations Review of 6th April 1990 instructs Michael Smith to issue the Algorithm description documents and its associated proforma record sheet. The computer file management system shows that these were created in June and July 1990. The minutes of the Audit Operations Review held on 16th May 1990 request an “Implementation Plan for Auditing of Contracts” and instruct Michael Smith to issue the contract audit procedure for comment. The following month, the minutes of the Audit Operations Review dated 8th June 1990 show that the procedure was “in for typing” and that I requested a list of contracts for potential audit to be available at the next meeting. This list would have been based on the use of the Algorithm as the history above clearly shows. The Audit Operations Review held on 19th June 1990 clearly states that the procedure is “in the sign-off loop” and that the existing Algorithm was being applied. From August 1990 on, the Audit Operations Review minutes state the reference numbers of contracts chosen for audit. The audit procedure QAG-AA-010 was re-issued on 28th August 1990 as Issue D and included the Algorithm. Inspection of records relating to JS/8 shows that only three of the twenty nine contracts were assessed using the Algorithm. Most of the contracts relate to development programmes where partners

 

Signed                                     Signature witnessed by

 


Witness Statement Page 372

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Dennis Geoffrey BARLOW

 

and/or sponsors would liaise regularly to ensure the project proceeds satisfactorily, hence these contracts would not be considered vulnerable to quality problems and would be low priority for auditing. The three contracts gave scores which are lower than their contemporaries. In conclusion, I can see no evidence that JS/8 was used to guide contract selection for auditing purposes and can think of no reason to generate the list JS/8 for Q.A. purposes.

 

Signed                                     Signature witnessed by

 


Witness Statement Page 373

 

Form MG 11(T)

 

STATEMENT OF                  Dennis Geoffrey BARLOW

Age if under 21                       Over 21

 

Dated 22 October 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

Further to my statement of 22nd October 1993, during which I made reference to a number of documents, I now produce copies of the following: Minutes of Audit Operations Reviews dated 17th November 1989, 15th December 1989, 9th March 1990, 6th April 1990, 16th May 1990, 8th June 1990, 19th July 1990 and 10th August 1990: Memo titled “Proposed Methodology for Selecting Contract Audits” dated 14th February 1990, Author M.J. Smith: Memo titled “Alternative Suggestion to Proposed Methodology for Selecting Contract Audit” dated 15th February 1990, Author T.A. Elson: Page 4 of quality document QAG-AA-010 Issue C dated February 1990: Computer file printout relating to “Audit Algor Text” and “Contract Audit Pridritiser”, undated, with copy of Appendix B (5 pages) attached: A computer list of “Audit Schedule at 30th July 1992” for contract audits: Memo titled “Audit Policy Meeting” dated 10th November 1989, author A.W. Youles. These documents are produced together by me as Exhibit DGB/13.

 

Signed                                     Signature witnessed by

 


Witness Statement Page 374

 

Form MG 11(T)

 

STATEMENT OF                  Mrs “C” (Stella RIMINGTON)

Age if under 21                       Over 21

 

Dated 8 November 1993

 

This statement, (consisting of   2   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

I refer to my previous statements. I have been asked if it is normal KGB/RIS practice to provide their agents with escape plans in the event of a problem. In my experience it is not normal practice with agents although they would have emergency contact arrangements for use in the event of a problem and it may be possible that at such an emergency meeting an escape plan would be discussed depending on the nature and size of the problem. This would not follow any fixed plan but be ad hoc to meet the particular circumstances. If an agent for his own reasons and by his own means escapes to Russia, as in the case of Burgess, MacLean, Philby and Blake, one would expect the Russians to offer some assistance; how much would depend on the value of the agent. In my experience only illegals, who are Russian Intelligence Officers, have pre-prepared firm escape arrangements. I have been asked whether the RIS/KGB would have warned SMITH once they were aware of OSCHENKO’s disappearance and defection. Oschenko arrived in the UK on Saturday 25 July 1992. His disappearance was not noticed by the Russians until Wednesday 29 July when they asked the French authorities if they had any knowledge of his whereabouts. On 31 July the Russians asked the British authorities, who confirmed that OSCHENKO was in the UK. In my opinion the SVR’s first priority on learning of OSCHENKO’s disappearance would have been his current French activities and agents. No doubt they would in time have got round to looking at his

 

Signed             Mrs “C”                       Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 375

 

Form MG 11A(T)

 

CONTINUATION OF STATEMENT OF    Mrs “C” (Stella RIMINGTON)

 

activities and agents in the UK in the 1970s but the sheer practicalities of doing a damage assessment on such a long career would have been overwhelming. Once the Russians knew OSCHENKO was in the UK it would have been considered too dangerous to contact SMITH; he might well be under surveillance or had been a double agent throughout. In my experience the normal reaction would have been for everyone to lie low and hope it would blow over.

 

Signed             Mrs “C”                       Signature witnessed by            R. Gilbertson DS

 


Witness Statement Page 376

 

Form MG 11(T)

 

STATEMENT OF                  Mrs “C” (Stella RIMINGTON)

Age if under 21                       Over 21

 

Dated 8 November 1993

 

This statement, (consisting of   1   pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

 

 

I would not expect a KGB case officer, or any of his colleagues, to write a letter of this nature because they would be aware that the Security Service would have examples of their handwriting and possibly their fingerprints. If such a letter was the only way of re-contacting or contacting an agent they would get a clerk or support-worker to write it.

 

Signed                                     Signature witnessed by