Aitken and the ABC case

[L-R] Tony Bunyan, Duncan Campbell and Sarah Kavanagh speaking at the Arnolfini in Bristol, an event organised to mark the 40th anniversary of the ABC Campaign

The event in Bristol a couple of weeks ago to mark the 40th anniversary of the Aubrey-Berry-Campbell official secrets case was a good chance to catch up with many people I hadn’t seen for a good number of years. I was also quite surprised by the large number of bits of ephemera which I designed for the campaign. Stickers, posters, badges, the ‘souvenir programme’ which we produced for the 1978 Old Bailey trial and a few more I had totally forgotten about. The product of many nights Letrasetting headlines and pasting up artwork, and there they all were, projected onto the backdrop behind the speakers in a never-ending slideshow.

One was for this Conway Hall meeting, held in April 1977, an event I remember well.

Some people might be surprised to see Jonathan Aitken’s name as a speaker at this meeting, given that he is most famous now for being convicted of perjury following the collapse of the libel case he brought against the Guardian in 1995. However, he had himself been on trial in 1971 for breaching the Official Secrets Act, along with the editor of the Sunday Telegraph, the newspaper itself and a retired army colonel who had been an observer in the Nigerian civil war in the late 1960s. All the defendants were eventually acquitted on all charges. (The best summary of the case that I could find online is actually from the New York Times.) The judge told the court that the Telegraph’s report did not contain ‘a word affecting our national security.’ and that the result should make the Government consider whether the broad terms of the act had ‘reached retirement age and should be pensioned off.’ The case against Aitken was brought by a Labour government and Attorney-General, and it was the same combination who brought the 1977 prosecution against Aubrey, Berry and Campbell. That might have been the party political reason for Aitken speaking in support of a campaign which had previously only been backed by left-wing Labour MPs (such as Neil Kinnock, Jo Richardson and Robert Kilroy-Silk(!)).

After the case, Aitken wrote a book, Officially Secret, published by Weidenfeld & Nicholson in 1971. I have a copy of this, which I see from the stamps inside that I bought from a LB Hackney sale of withdrawn library stock in 1986 for 25p. The cover was designed by Craig Dodd, who also worked on covers for other publishers in this period. (See these posts on Existential Ennui: The Dame, The Right Stuff and The Shooting Party.)

There is another link between the Aitken and ABC cases. One of the defence counsel in both was Lord Hutchinson QC, who died yesterday at the grand age of 102. In his obituary in today’s Guardian, Geoffrey Robertson QC (who was a junior counsel in the ABC case) recalls how Hutchinson found out about the jury-vetting in the latter case, in a story which he also told at the Bristol event:

On the opening day of the ‘ABC’ trial in 1978, Jeremy discovered by chatting to an incautious Old Bailey clerk that the prosecution had made a clandestine application to a subservient judge to ‘vet’ the jury panel. This practice had been secretly used in ‘political’ cases and Jeremy’s advocacy blew it up into a national scandal. A pupil barrister (now Mr Justice Nicol) was dispatched post-haste to the LSE library to borrow a copy of Bentham’s Elements of the Art of Jury-Packing, which Jeremy used as the basis for a blistering attack on the weak Labour law officers who had approved this obnoxious form of secret policing.

By the time the ABC case came up for trial, I was working for the National Council for Civil Liberties as its publications officer. The very first item I produced in this new job was a pamphlet called Justice Deserted, written by one of NCCL’s legal officers, Harriet Harman, and LSE professor John Griffith. The foreword was by EP Thompson, no less, and I recall having to ring the great man himself to give him instructions as to where to post his text. Heady days indeed.

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