Darroch leaks: Met Police says publication of diplomatic cables could be criminal and is not in public interest

‘We have been told the publication of these specific documents could constitute a criminal offence and one that carries no public interest defence,’ says assistant commissioner Neil Basu

The Metropolitan Police has said it “respects the rights of the media” but that the publication of Sir Kim Darroch’s leaked emails could be criminal and is not in the public interest.

Assistant commissioner Neil Basu said the force had “no intention of seeking to prevent editors from publishing stories in the public interest in a liberal democracy”.

But in a statement, he said the police had opened an investigation into a potential breach of the Official Secrets Act.

Under those circumstances, the force has been advised that the publication of leaked diplomatic memos in which Britain’s ambassador to the US criticised president Donald Trump’s administration “could constitute a criminal offence and one that carries no public interest defence”.

Defending Scotland Yard’s warning to journalists not to publish more leaked cables, Mr Basu said: “The Metropolitan Police respects the rights of the media and has no intention of seeking to prevent editors from publishing stories in the public interest in a liberal democracy.

“The media hold an important role in scrutinising the actions of the state.

“We are however a body charged with enforcing the law, and we have received legal advice that has caused us to start a criminal enquiry into the leak of these specific documents as a potential breach of the Official Secrets Act (OSA).

“The focus of the investigation is clearly on identifying who was responsible for the leak.

“However, we have also been told the publication of these specific documents, now knowing they may be a breach of the OSA, could also constitute a criminal offence and one that carries no public interest defence.”

He added: “We know these documents and potentially others remain in circulation.

“We have a duty to prevent as well as detect crime and the previous statement was intended to alert to the risk of breaching the OSA.”

The assistant commissioner came under fire from the media, lawyers and ministers after he warned journalists they could face prosecution for publishing the leaked government documents.

MPs claimed Scotland Yard risked turning the UK into a “police state”.

Mr Trump launched an attack on Sir Kim in a string of posts on Twitter after emails leaked on Sunday revealed he had called the US president’s administration “dysfunctional” and “inept”.

Sir Kim later quit his post, saying his job had become “impossible” after Mr Trump’s tirade against him.