Where are they now ? No 234 The enigma of Esmail Gamasai

Esmail Gamasai was born in Iran 44 years ago, a Shia Muslim, he was educated in Britain and became a UK citizen in 1986 and in 1997 changed his name to Daniel James. He had been a territorial soldier for 19 years and was approached in April 2005 to be a Farsi (mother tongue) interpreter. He suffered 2 strokes and on recovery was deployed by the Army in March 2006.

This resulted in him interpreting for Gen David Richards, the commander of Nato forces in Afghanistan and one of the most senior officers in the British Army who has been removed and replaced after 9 months in post.

Esmail (Dan) was arrested on Dec 18 on his return to the UK and was remanded to the Old Bailey under the 1911 Official Secrets Act. He was charged that on Nov 2 he "communicated information calculated to be directly or indirectly useful to the enemy".

The Attorney General's permission is required before a prosecution can proceed under the Official Secrets Act. That has not been granted to date. When he appeared in court on January 12th the prosecution requested an adjournment to obtain the Attorney General's consent for the prosecution.

Mr Justice Calvert-Smith said at the time James would appear at the court to enter a plea on June 15 A trial lasting 3 months might take place in January 2008.

So everyone is waiting for the Attorney General 57 year old very worried looking Baron Goldsmith of Allerton who has got rather a lot on his plate presently especially after writing on March 17 2003,to the Government stating that the use of force in Iraq was lawful. Those with a long memory will recall that it resulted in the precipitate resignation of Elizabeth Wilmshurst, deputy legal adviser to the Foreign Office, on 20 March 2003 whose letter of resignation can now be found @ BBC and is reporduced here for those who may not have seen it.

A minute dated 18 March 2003 from Elizabeth Wilmshurst (Deputy Legal Adviser) to Michael Wood (The Legal Adviser), copied to the Private Secretary, the Private Secretary to the Permanent Under-Secretary, Alan Charlton (Director Personnel) and Andrew Patrick (Press Office):

1. I regret that I cannot agree that it is lawful to use force against Iraq without a second Security Council resolution to revive the authorisation given in SCR 678. I do not need to set out my reasoning; you are aware of it.

[The following italicised section was removed by the Foreign Office but later obtained by Channel 4 News]

My views accord with the advice that has been given consistently in this office before and after the adoption of UN security council resolution 1441 and with what the attorney general gave us to understand was his view prior to his letter of 7 March. (The view expressed in that letter has of course changed again into what is now the official line.)

I cannot in conscience go along with advice - within the Office or to the public or Parliament - which asserts the legitimacy of military action without such a resolution, particularly since an unlawful use of force on such a scale amounts to the crime of aggression; nor can I agree with such action in circumstances which are so detrimental to the international order and the rule of law.

2. I therefore need to leave the Office: my views on the legitimacy of the action in Iraq would not make it possible for me to continue my role as a Deputy Legal Adviser or my work more generally.

For example in the context of the International Criminal Court, negotiations on the crime of aggression begin again this year.

I am therefore discussing with Alan Charlton whether I may take approved early retirement. In case that is not possible this letter should be taken as constituting notice of my resignation.

3. I joined the Office in 1974. It has been a privilege to work here. I leave with very great sadness.

Baron Goldsmith's views on what Corporal Daniel James .. and maybe General Richards were up to in Afghanistan are awaited with a great deal of interest.

PS Michael Wood was the arsehole and grandee at the FCO who told Craig Murray that torturing people was OK but you couldn't use the evidence obtained in court - As if. Carif also says he was the only man in the FCO who could drink him under the table and also described him as "almost effeminate" Murder in Samarkand Page 162